Digital Commons Network^™

Government Regulation Of Religiously Based Social Services: The First Amendment Considerations, Carl H. Esbeck

Faculty Publications

A daunting welter of variables confronts anyone who sets out to systematize the First Amendment's effect on the government's role in regulating social services operated by religious organizations. The task is further complicated because the regulations in question often were promulgated as a consequence of the monitoring that inevitably accompanies government spending on private-sector welfare programs. The most suitable methodology should take into account: 1) the nature of the organizations that are the object of the government's regulation or program of aid; 2) the interrelationship between government and religious organizations that results from the regulation or aid; and 3) the …

Litigation As A Predatory Practice, Gary Myers

Faculty Publications

This article reviews and evaluates the sham litigation case law, finding that many courts have allowed immunity too readily or on inappropriate grounds. It attempts to develop comprehensive standards for antitrust claims based on sham litigation.

The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii

Faculty Publications

The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.

Writing From The Margins: Geographies Of Identity, Pedagogy, And Power, Henry A. Giroux, Peter Mclaren

Education Faculty Articles and Research

"The excess of language alerts us to the ways in which discourse is inextricably tied not just to the proliferation of meanings, but also to the production of individual and social identities over time within conditions of inequality. As a political issue, language operates as a site of struggle among different groups who for various reasons police its borders, meanings, and orderings. Pedagogically, language provides the self-definitions upon which people act, negotiate various subject positions, and undertake a process of naming and renaming the relations between themselves, others, and the world."

Comments On Eco + Soc Indicators, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Handwritten notes titled Comment on economic and social indicators mentioning A. K. Sen
• Handwritten notes titled 125th anniversary of Capital (socialist scholars) mentioning Paresh Chattopadhyay (April 25, 1992)
• Handwritten notes titled On the USSR mentioning David Mandel
• Handwritten notes titled World economic crisis (socialist scholars) mentioning Mandel, Amin, Jay Gould, Kagarlitsky, Boris Karpov, and Maria Helena Alves (April 26, 1992)
• Handwritten notes titled Free trade zones and North American free trade mentioning Kim Moody (April 26, 1992)

Surveillance Schemes: The Gatt's New Trade Policy Review Mechanism, Petros C. Mavroidis

Michigan Journal of International Law

This article describes and analyzes the current form of the TPRM, and advances some proposals for its future formation. The article is divided into five parts: Part I deals with the origin and the objectives of the TPRM; Part II analyzes the TPRM scheme and its functioning thus far; Part III presents the legal underpinnings of the TPRM; Part IV reviews and compares the surveillance schemes of the International Monetary Fund (IMF) and the Organisation for Economic Cooperation and Development (OECD) with the TPRM, since it is my belief that GATT's TPRM can draw some valuable lessons from the experience …

Front Matter

Michigan Journal of International Law

No abstract provided.

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …

International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz

Michigan Journal of International Law

A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.

Measuring Freedom? The Undp Human Freedom Index, Lisa J. Bernt

Michigan Journal of International Law

Part I of this Note describes and compares the Humana index and the UNDP's Human Freedom Index. Part II surveys some of the criticism of the Human Freedom Index since its publication in May 1991, and identifies fundamental problems with the manner in which the Human Freedom Index was prepared and presented. This Note concludes with recommendations for refining and presenting such an index in future years.

Drafting Dispute Resolution Clauses For Western Investment And Joint Ventures In Eastern Europe, Mary Theresa Kaloupek

Michigan Journal of International Law

This Note discusses issues the practitioner should consider in drafting a dispute resolution provision for a client investing in one of the newly democratizing countries. Part I will discuss arbitration law in Eastern Europe; the dispute resolution provisions in the various foreign investment laws; the applicable national law; and each nation's enforcement procedures for arbitral awards issued in other nations. Part II reviews the dispute resolution provisions in various bilateral and multilateral treaties relating to foreign investment including the Convention on the Settlement of Investment Disputes (ICSID Convention) and the informal agreements between the American Arbitration Association (AAA) and the …

International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick

Michigan Journal of International Law

This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …

Case Management In The Eastern District Of Virginia, In Symposium, Civil Litigation In The 1990'S, Part Ii, A. Kimberley Dayton

Faculty Scholarship

Part I of this Article describes the administrative structure of the Eastern District of Virginia and its case management practices. Part II demonstrates that, despite the Eastern District of Virginia's status as one of the busiest federal district courts, it has consistently been one of the most efficient and effective federal courts in the nation. As a result, in Part III, this Article concludes that the experience of the Eastern District of Virginia raises many questions about the premises underlying the Civil Justice Reform Act, the proposed amendments to the Federal Rules, and the means by which Congress and the …

Patriarchy, Paternalism, And The Masks Of Fetal Protection., A. Kimberley Dayton

Faculty Scholarship

This essay is a response to John Kennedy's defense of Johnson Controls, Inc.'s fetal protection policy which was struck down last year in International Union, UAW v. Johnson Controls, Inc. A unanimous Supreme Court held in the case that the policy, which excluded women from a "fetotoxic" workplace, violated the federal employment discrimination laws. The Court's decision was issued only a day before Kennedy was scheduled to debate the issue of whether Title VII bars fetal protection policies with Professor Elinor Schroeder at the Kansas Journal's first symposium on March 21-22. 1991. The Court's decision rendered the technical statutory issues …

Skills For Diversity: Description, Evaluation And Recommendations, Eric S. Janus

Faculty Scholarship

In May 1991, the William Mitchell College of Law Faculty voted to offer to all first year students the following fall a program to assist students "in learning how to work effectively with diverse others in professional situations." The faculty directed that the program be supervised by a member of the full time faculty, and that reaction to the program be evaluated by the Curriculum Committee. During the Summer 1991, the dean appointed me to supervise the program, and I asked Assistant Dean Joan Bibelhausen to assist me. The two of us worked closely with an informal group called the …

General Fiscal Chronicle, 1991-1992, Various

General Fiscal Chronicle

Annual Report to the Board Of Trustees of George Fox College

Suspension And Removal Of Bank Officials Under The Financial Institutions Reform Recovery And Enforcement Act Of 1989 (Firrea), Robert J. Basil

Journal of Legislation

No abstract provided.

2 Live Crew And Judge Gonzalez Too - 2 Live Crew And The Miller Obscenity Test;Note, Brian O'Gallagher, David P. Gaertner

Journal of Legislation

No abstract provided.

Problems Of Federalsim In The Former Soviet Union: The Parallels With Pre-Civil War America;Essay, Igor Grazin

Journal of Legislation

No abstract provided.

Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley

Michigan Journal of International Law

The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.

Judicial Review Of The Compensation Law In Hungary, Peter Paczolay

Michigan Journal of International Law

This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.

State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff

Michigan Journal of International Law

This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …

Synapsis: Philadelphia Campus (1992), Philadelphia College Of Osteopathic Medicine

All Yearbooks

This yearbook includes Phi Sigma Gamma, PSG, (ΦΣΓ), Dinner Dance, Founders' Day Follies, Follies, Halloween, White Water Rafting, Wheal of Function, Show, Rugby, Eastern Pennsylvania Rugby Union Professional School Division Champions, Soccer, Basketball, Golf, Rowing, Yearbook Staff, Student Council, Class Officers

Memories Of Rahija, Abe Bassett

Books Authored by Wright State Faculty/Staff

Sometime in 1987, sadly, I realized that my father, who would have been 102 had he lived, passed the milestone of his 100th birthday without note or commemoration. I vowed this would not happen with my mother, Rahija Saad Bassett. In early May, 1991, I wrote to all of her children, grandchildren, nephews and nieces, cousins, and others, asking them to pause for a moment of reflection at the noon hour on her date of birth. And I also asked for a written remembrance: a story, an incident, an impression to be shared. This book is a collection of those …

From The Midwest: Extras, Ronald R. Geibert

Books Authored by Wright State Faculty/Staff

From the Midwest: extras expands on the work of Ohioan photographer Ron Geibert's book From the Midwest, capturing insightful views of life in Japan.

Wright State University Softball Media Guide 1992, Wright State University Athletics

Athletics Publications

A media guide for Wright State University's 1992 softball team. This guide includes photographs, player stats, game results, and records.

A New Exception To The Exclusivity Provision Of The North Carolina Workers' Compensation Act - Woodson V. Rowland, Debbie Collins

Campbell Law Review

No abstract provided.

Another Step Towards Ending Discrimination In The Jury Selection Process - Powers V. Ohio, L. Phillip Hornthal Iii

Campbell Law Review

This Note has four objectives. First, this Note will review the constitutional history behind Powers, involving racially motivated discrimination in the jury selection process. Second, this Note will analyze and discuss the Powers decision. Third, this Note will attempt to ascertain the impact of the decision. Finally, this Note will suggest that while Powers marks progress in the right direction, there are other important questions that need to be resolved before the jury selection process will be totally free from discrimination.

The Release Provision Of The Uniform Contribution Among Tort-Feasors Act Applies To Vicarious Liability In The Master-Servant Context - Yates V. New South Pizza, Ltd., J. Elizabeth Spradlin

Campbell Law Review

This Note will examine the court's decision in Yates v. New South Pizza. The Note will first address the facts of the case. Second, this Note will discuss the doctrines that affect the decision of the case. Third, this Note will discuss the enactment and purpose of the Uniform Contribution Among Tort-feasors Act. Fourth, this Note will analyze the Yates decision and its effect on the purpose of the Uniform Act. Fifth, this Note will explore the public policy behind the courts' ruling. Finally, this Note concludes that the Yates decision supports the equitable doctrine of respondeat superior by …

Journal Of The Community Development Society Vol. 23, No. 01, Center For Public Affairs Research (Cpar)

Publications

The Journal of the Community Development Society (ISSN 001 0-3829) is devoted to improving knowledge and practice in the field of purposive community change. The purpose of the Journal is to disseminate information on theory, research, and practice. The Editor welcomes manuscripts that report research; evaluate theory, techniques, and methods; examine community problems; or analyze, critically, the profession itself. The Journal is published twice each year.