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1990

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Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr. Jan 1990

Is Lemon A Lemon - Crosscurrents In Contemporary Establishment Clause Jurisprudence., Stuart W. Bowen Jr.

St. Mary's Law Journal

No abstract provided.


An Employer Cannot Avoid Its Obligation To Contribute To An Employee-At-Will's Pension Plan By Terminating The Employee., Carol Jendrzey Jan 1990

An Employer Cannot Avoid Its Obligation To Contribute To An Employee-At-Will's Pension Plan By Terminating The Employee., Carol Jendrzey

St. Mary's Law Journal

In McClendon v. Ingersoll-Rand Co., the Texas Supreme Court held an employer cannot avoid its obligation to contribute to an employee-at-will’s pension plan by terminating the employee. A minority of jurisdictions recognize an implied contract exception to the employment-at-will doctrine allowing termination only with cause. In these jurisdictions, employers who raise the defense of statute of frauds because there is no written employment contract may be defeated by the terms of employment articulated in employee handbooks and manuals. Though both the legislatures and the courts recognize a public policy interest in protecting employee pension plans, the United States Supreme Court …


A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk Jan 1990

A Practical Guide To The Admissibility Of Novel Expert Evidence In Criminal Trials Under Federal Rule 702., Cathleen C. Herasimchuk

St. Mary's Law Journal

No abstract provided.


Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer Jan 1990

Digital Audio Recording Technology: Challenges To American Copyright Law., Douglas Reid Weimer

St. Mary's Law Journal

This Article discusses the objectives of American copyright law, its development and its current day codification. The inception of digital audio recording technology (“DAT”) raises new challenges for American copyright law. American copyright is a constitutionally sanctioned and legislatively accorded form of protection for authors against the unauthorized copyright of their “original works of authorship.” A significant copyright issue is the ability of DAT to reproduce nearly perfect copies of copyrighted musical works. This Article further discusses certain aspects of copyright law, such as the fair use defense and the concept of “home” for the purposes of copyright protection. The …


The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris Jan 1990

The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris

St. Mary's Law Journal

The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …


Shipwreck Legislation And The Preservation Of Submerged Artifacts, Timothy J. Runyan Jan 1990

Shipwreck Legislation And The Preservation Of Submerged Artifacts, Timothy J. Runyan

Case Western Reserve Journal of International Law

No abstract provided.


Rolling Back History: The United Nations General Assembly And The Right To Cultural Property, Douglas N. Thomason Jan 1990

Rolling Back History: The United Nations General Assembly And The Right To Cultural Property, Douglas N. Thomason

Case Western Reserve Journal of International Law

No abstract provided.


Finding A Basis For International Communications Law: The Satellite Broadcast Example, Lizbeth Hasse Jan 1990

Finding A Basis For International Communications Law: The Satellite Broadcast Example, Lizbeth Hasse

Case Western Reserve Journal of International Law

No abstract provided.


Protection Of Cultural Property And Archeological Resources: A Comprehensive Bibliography Of Law-Related Materials, James A.R. Nafziger Jan 1990

Protection Of Cultural Property And Archeological Resources: A Comprehensive Bibliography Of Law-Related Materials, James A.R. Nafziger

Case Western Reserve Journal of International Law

No abstract provided.


The Dutch Bill: Redefining A Permanent Establishment, Natasha E. Brandt Jan 1990

The Dutch Bill: Redefining A Permanent Establishment, Natasha E. Brandt

Case Western Reserve Journal of International Law

No abstract provided.


Debt-For-Nature Swaps: Effective But Not Enforceable, Tamara J. Hrynik Jan 1990

Debt-For-Nature Swaps: Effective But Not Enforceable, Tamara J. Hrynik

Case Western Reserve Journal of International Law

No abstract provided.


The Recovery Of Cultural Artifacts: The Legacy Of Our Archaeological Heritage, Mark F. Lindsay Jan 1990

The Recovery Of Cultural Artifacts: The Legacy Of Our Archaeological Heritage, Mark F. Lindsay

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 22 Issue 1 (1990) Jan 1990

Masthead, Volume 22 Issue 1 (1990)

Case Western Reserve Journal of International Law

No abstract provided.


Europe 1992--The Quiet Revolution, Lynn S. Baker Jan 1990

Europe 1992--The Quiet Revolution, Lynn S. Baker

Case Western Reserve Journal of International Law

No abstract provided.


Eec Law: A Practical Guide, Christine Alice Corcos Jan 1990

Eec Law: A Practical Guide, Christine Alice Corcos

Case Western Reserve Journal of International Law

No abstract provided.


Problems With The Ec Approach To Harmonization Of Product Liability Law, Marianne Corr Jan 1990

Problems With The Ec Approach To Harmonization Of Product Liability Law, Marianne Corr

Case Western Reserve Journal of International Law

No abstract provided.


Financial Integration Of The European Community In Project 1992, The, Asim Erdilek Jan 1990

Financial Integration Of The European Community In Project 1992, The, Asim Erdilek

Case Western Reserve Journal of International Law

No abstract provided.


The Ec: A Hungarian View Toward 1992, Bela Kadar Jan 1990

The Ec: A Hungarian View Toward 1992, Bela Kadar

Case Western Reserve Journal of International Law

No abstract provided.


A View Of The Single Market: Trade In Services In Ec '92, Terry Smith Labat Jan 1990

A View Of The Single Market: Trade In Services In Ec '92, Terry Smith Labat

Case Western Reserve Journal of International Law

No abstract provided.


Alternative Roads To Economic Integration: The Case For Currency Competition In European Integration, Deepak Lal Jan 1990

Alternative Roads To Economic Integration: The Case For Currency Competition In European Integration, Deepak Lal

Case Western Reserve Journal of International Law

No abstract provided.


Europe 1992 And The Evolution Of The Multilateral Trading System, Sylvia Ostry Jan 1990

Europe 1992 And The Evolution Of The Multilateral Trading System, Sylvia Ostry

Case Western Reserve Journal of International Law

No abstract provided.


Multiparty Disputes And Consolidated Arbitrations: An Oxymoron Or The Solution To A Continuing Dilemma, Matthew D. Schwartz Jan 1990

Multiparty Disputes And Consolidated Arbitrations: An Oxymoron Or The Solution To A Continuing Dilemma, Matthew D. Schwartz

Case Western Reserve Journal of International Law

No abstract provided.


United States Seizure Of Stateless Drug Smuggling Vessels On The High Seas: Is It Legal, Michael Tousley Jan 1990

United States Seizure Of Stateless Drug Smuggling Vessels On The High Seas: Is It Legal, Michael Tousley

Case Western Reserve Journal of International Law

No abstract provided.


Cumulative Subject Index To Volumes 1-21, Index Jan 1990

Cumulative Subject Index To Volumes 1-21, Index

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 22 Issue 2 (1990) Jan 1990

Masthead, Volume 22 Issue 2 (1990)

Case Western Reserve Journal of International Law

No abstract provided.


Volume 22 Issue 2 (1990), Cwru Journal Of International Law Jan 1990

Volume 22 Issue 2 (1990), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle Jan 1990

Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle

Faculty Scholarship

Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …


Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas Jan 1990

Pregnancy, Drugs, And The Perils Of Prosecution, Wendy K. Mariner, Leonard H. Glantz, George J. Annas

Faculty Scholarship

In the war on drugs an offensive has been launched against pregnant women who use drugs. Over the past four years, prosecuting attorneys have been indicting women who use drugs while pregnant. In South Carolina alone, eighteen women who allegedly took drugs during pregnancy were indicted last summer for criminal neglect of a child or distribution of drugs to a minor.' In the only successful prosecution so far, Jennifer Johnson was convicted in Florida for delivering illegal drugs to a minor via the umbilical cord in the moment after her child was born and before the cord was clamped.2 …


Electrochemistry Of Yba2cu3o7-Δ Above Tc And Rf Dissipation Below Tc, Juana Vivó Acrivos Jan 1990

Electrochemistry Of Yba2cu3o7-Δ Above Tc And Rf Dissipation Below Tc, Juana Vivó Acrivos

Faculty Research, Scholarly, and Creative Activity

New experiments that characterize high Tc superconducting materials from the classical electro- chemistry to the bulk quantized states are described.


Chemical Dynamics In North Sea Estuaries And Plumes, Andrew Turner Jan 1990

Chemical Dynamics In North Sea Estuaries And Plumes, Andrew Turner

School of Biological and Marine Sciences Theses

Observational and experimental studies have been undertaken in the southern North Sea environment, including five major estuaries (Humber, Thames, Scheldt, Weser and Elbe), with the aim of elucidating the mechanistic and kinetic details of trace metal reactivity required for the refinement of pollutant transport models. The results of a systematic investigation of suspended particle characteristics (BET specific surface area and porosity, carbon content. Fe and Mn oxide coatings) indicated that, although there exists significant yet explicable variability among the North Sea estuaries, such compositional factors do not exert an observable influence on solid-solution interactions. Furthermore, chemical reactivity was not usually …