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Articles 52891 - 52920 of 52971
Full-Text Articles in Entire DC Network
Review Of Michael Oakeshott, Rationalism In Politics And Other Essays, And Paul Franco, The Political Philosophy Of Michael Oakeshott, Chandran Kukathas
Review Of Michael Oakeshott, Rationalism In Politics And Other Essays, And Paul Franco, The Political Philosophy Of Michael Oakeshott, Chandran Kukathas
Research Collection School of Social Sciences
Michael Oakeshott (1901-1990) was a political philosopher associated for most of his academic career with Caius and Gonville College as Official Fellow and Lecturer in History and later with the London School of Econom- ics as Professor of Political Science. His name is sometimes mentioned with those of two other famous thinkers associated with the LSE-Karl Popper and F. A. Hayek-and like them he has had a notable influence on contem- porary political thought. Yet whereas Hayek and Popper wrote a great deal on a variety of topics and were often at the center of academic controversy, Oakeshott wrote little, …
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Faculty Publications
No abstract provided.
Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz
Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz
Articles
No abstract provided.
"You Shall Be Holy": Messianism And The Concept Of Morality In Jewish Law, Ilan Dunsky
"You Shall Be Holy": Messianism And The Concept Of Morality In Jewish Law, Ilan Dunsky
Dalhousie Journal of Legal Studies
It is important to examine the underlying philosophy of the legal institution. The law, as it exists today in Canada, is largely the product of liberalism, and though that ideology is very elastic and flexible, there are other ways of understanding the world and thus the law. This paper examines one such alternative: Jewish law, which has endured for three and one half thousand years, and which, through its derivative religions, Christianity and Islam, has had a profound effect on the thought of a large part of the world. In discussing Jewish law from the vantage point of the late …
The Issue Of Relevance In R. V. Seaboyer And Gayme, Catherine Cogswell
The Issue Of Relevance In R. V. Seaboyer And Gayme, Catherine Cogswell
Dalhousie Journal of Legal Studies
In the recent R. v. Seaboyer and Gayme decision, the Supreme Court of Canada, in a decision split seven to two ruled that Section 276 of the Criminal Code was unconstitutional. Section 276 had restricted the right of defence counsel, in a trial for a sexual offence, to cross-examine and lead evidence of a complainant's sexual conduct on other occasions. The majority of the court ruled that this Section violated the accused's right to a fair trial guaranteed in Sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. The fundamental issue in the Seaboyer and Gayme appeals …
Justice Denied, The Law Versus Donald Marshall, Danielle Y. Raymond
Justice Denied, The Law Versus Donald Marshall, Danielle Y. Raymond
Dalhousie Journal of Legal Studies
Book review of Justice Denied, the Law Versus Donald Marshall by Michael Harris and published by Harper Collins (Toronto), 1990. (411 pp.)
Understanding Child Sexual Abuse, John Fox
Understanding Child Sexual Abuse, John Fox
Dalhousie Journal of Legal Studies
Book review of Understanding Child Sexual Abuse by Thom L. McGuire & Faye E. Grant and published by Butterworths (Toronto), 1991. (42 pp.)
The Canadian Law Of Consent To Treatment, Larry Buhagiar
The Canadian Law Of Consent To Treatment, Larry Buhagiar
Dalhousie Journal of Legal Studies
Book review of The Canadian Law of Consent to Treatment by Lorne E. Rozovsky, Q.C. & Fay A. Rozovsky, and published by Butterworths (Toronto), 1990. (151 pp.)
Time For The Security Council To Restructure, Toby D.J. Mendel
Time For The Security Council To Restructure, Toby D.J. Mendel
Dalhousie Journal of Legal Studies
The core political entity at the United Nations is the Security Council. The Security Council is comprised of five permanent members – the Republic of China, France, the Union of Soviet Socialist Republics (until its demise in 1991), the United Kingdom of Great Britain and Northern Ireland, and the United States of America – and ten non-permanent members elected from the General Assembly for a term of two years. A great deal of power is vested in the Security Council, with special powers accorded to the permanent members. There may well be a need for a small executive group within …
Canada's New Gun Control Legislation: Stiffer Penalties And Controlled Access, Peter M. Neumann
Canada's New Gun Control Legislation: Stiffer Penalties And Controlled Access, Peter M. Neumann
Dalhousie Journal of Legal Studies
On December 6, 1989, fourteen women were murdered at the École Polytechnique in Montreal by a gunman equipped with a legally acquired semi-automatic paramilitary rifle and a large capacity clip magazine. Although the weapon was advertised by its manufacturers, Sturm, Ruger and Co. of Connecticut, as "ideal for law enforcement", it was popular with hunters and was readily available at stores. The gunman's rampage provoked an unprecedented outcry for stricter gun control laws in Canada. While revisions to the firearms provisions of the Criminal Code were already being considered, the tragedy reopened gun control debate and committed federal legislators to …
High Technology Disputes: The Minitrial As The Emerging Solution , Thomas J. Klitgaard, William E. Mussman Iii
High Technology Disputes: The Minitrial As The Emerging Solution , Thomas J. Klitgaard, William E. Mussman Iii
Santa Clara High Technology Law Journal
No abstract provided.
Update To: Copyright Protection For Computer Software In The Nineties , Evan Finkel
Update To: Copyright Protection For Computer Software In The Nineties , Evan Finkel
Santa Clara High Technology Law Journal
No abstract provided.
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1990 , Alex T. Chartove, Joseph T. Fitzgerald
Patent Law Developments In The United States Court Of Appeals For The Federal Circuit During 1990 , Alex T. Chartove, Joseph T. Fitzgerald
Santa Clara High Technology Law Journal
No abstract provided.
Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable For Computer Software Defects?, Patrick T. Miyaki
Computer Software Defects: Should Computer Software Manufacturers Be Held Strictly Liable For Computer Software Defects?, Patrick T. Miyaki
Santa Clara High Technology Law Journal
No abstract provided.
Genetic Screening And Insurance: Too Valuable An Underwriting Tool To Be Banned From The System, Naomi Obinata
Genetic Screening And Insurance: Too Valuable An Underwriting Tool To Be Banned From The System, Naomi Obinata
Santa Clara High Technology Law Journal
No abstract provided.
Copyright Protection For Purely Factual Compilations Under Feist Publications, Inc. V. Rural Telephone Service Co.: How Does Feist Protect Electronic Data Bases Of Facts?, Gerard J. Lewis Jr.
Copyright Protection For Purely Factual Compilations Under Feist Publications, Inc. V. Rural Telephone Service Co.: How Does Feist Protect Electronic Data Bases Of Facts?, Gerard J. Lewis Jr.
Santa Clara High Technology Law Journal
No abstract provided.
California Title Insurers Are Not Liable For Toxic Cleanup Costs - Lick Mill Creek Apartments V. Chicago Title Insurance Company, Christopher L. Smith
California Title Insurers Are Not Liable For Toxic Cleanup Costs - Lick Mill Creek Apartments V. Chicago Title Insurance Company, Christopher L. Smith
Santa Clara High Technology Law Journal
No abstract provided.
The Clean Air Act And The Amendments Of 1990, Kristen Peters
The Clean Air Act And The Amendments Of 1990, Kristen Peters
Santa Clara High Technology Law Journal
No abstract provided.
Book Review [Licensing Guide For Practitioners] , Anna Longwell
Book Review [Licensing Guide For Practitioners] , Anna Longwell
Santa Clara High Technology Law Journal
No abstract provided.
Patentability Of Algorithms: A Review And Critical Analysis Of The Current Doctrine , Alan D. Minsk
Patentability Of Algorithms: A Review And Critical Analysis Of The Current Doctrine , Alan D. Minsk
Santa Clara High Technology Law Journal
No abstract provided.
Maximum Security: How To Prevent Departing Employees From Putting Your Trade Secrets To Work For Your Competitors , Victoria A. Cundiff
Maximum Security: How To Prevent Departing Employees From Putting Your Trade Secrets To Work For Your Competitors , Victoria A. Cundiff
Santa Clara High Technology Law Journal
No abstract provided.
Legal Rights In Computer Software , David C. Tunick
Legal Rights In Computer Software , David C. Tunick
Santa Clara High Technology Law Journal
No abstract provided.
International Intellectual Property: A Summary Of Recent Developments And Issues For The Coming Decade , Alan S. Gutterman
International Intellectual Property: A Summary Of Recent Developments And Issues For The Coming Decade , Alan S. Gutterman
Santa Clara High Technology Law Journal
No abstract provided.
Patenting Improvements: The Costs Of Making Patents Easily Available , Douglas A. Applegate
Patenting Improvements: The Costs Of Making Patents Easily Available , Douglas A. Applegate
Santa Clara High Technology Law Journal
No abstract provided.
Look And Feel: A Proposed Solution To The Diverging Views Between The Software Industry And The Courts, Walter G. Duflock
Look And Feel: A Proposed Solution To The Diverging Views Between The Software Industry And The Courts, Walter G. Duflock
Santa Clara High Technology Law Journal
No abstract provided.
"He Wants To Do What?" Cryonics: Issues In Questionable Medicine And Self-Determination, John Labouff
"He Wants To Do What?" Cryonics: Issues In Questionable Medicine And Self-Determination, John Labouff
Santa Clara High Technology Law Journal
No abstract provided.
Intellectual Property Laws In The Former Soviet Republics: A Time Of Transition, Laura A. Pitta
Intellectual Property Laws In The Former Soviet Republics: A Time Of Transition, Laura A. Pitta
Santa Clara High Technology Law Journal
No abstract provided.
Do Comprehensive General Liability Insurance Policies Cover Bodily Injury And Property Damage Caused By Hazardous Waste Disposal? Montrose Chemical Corporation Of California V. Admiral Insurance Company, Steven L. Richie
Santa Clara High Technology Law Journal
No abstract provided.
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
The Benevolent Paternalism Of Japanese Criminal Justice, Daniel H. Foote
Articles
Models for a criminal-justice system based on an ethos of rehabilitation and reintegration-such as Llewellyn's "parental" and Griffiths' "family" models-have been regarded as idealistic but unworkable in the real world, except perhaps in totalitarian or primitive societies. Professor Foote, however, has found in Japan just such a model, which he labels "benevolent paternalism." The Japanese criminal-justice system is benevolent in that its goal is to achieve reformation and reintegration into society through lenient sanctions tailored to the offender's particular circumstances. The system is paternalism in that it allows substantial discretion to the state in both gathering and using information about …
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …