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1992

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Review Of Michael Oakeshott, Rationalism In Politics And Other Essays, And Paul Franco, The Political Philosophy Of Michael Oakeshott, Chandran Kukathas Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

"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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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. Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

"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 Jan 1992

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 Jan 1992

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 Jan 1992

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 Jan 1992

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 …