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1996

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Institution
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Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech Jan 1996

Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech

UIC Law Review

No abstract provided.


The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl Jan 1996

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …


American Bar Association Section Of International Law And Practice And The Standing Committee On World Order Under Law Reports To The House Of Delegates - Women's Human Rights Jan 1996

American Bar Association Section Of International Law And Practice And The Standing Committee On World Order Under Law Reports To The House Of Delegates - Women's Human Rights

The International Lawyer

No abstract provided.


Table Of Contents, Volume 22 (1996) Jan 1996

Table Of Contents, Volume 22 (1996)

Canada-United States Law Journal

No abstract provided.


Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati Jan 1996

Antitrust Federalism In The United States And Decentralization Of Competition Law Enforcement In The European Union: A Comparison, Barry E. Hawk, Laraine L. Laudati

Fordham International Law Journal

This Article will discuss the historical context in which the competition law enforcement structures of the European Union and United States were created, describe the dual enforcement structures, and explain current efforts to coordinate the two levels of enforcement. It will conclude with observations about the nature of dual enforcement under the two systems. More specifically, it will argue that the European Union should create an enforcement system, which might allow more collaboration and cooperation between the Commission and the European Union Member States.


Using American Antitrust To Interpret Costa Rican Competition Law, Pedro M. Mufoz Jan 1996

Using American Antitrust To Interpret Costa Rican Competition Law, Pedro M. Mufoz

ILSA Journal of International & Comparative Law

Of course I know, and every other sensible man knows, that the Sherman law is damned nonsense, but if my country wants to go to hell, I am here to help it.

Justice Oliver Wendell Holmes, Jr.

In the model of perfect competition, the market is so populated by sellers and buyers that no one individual can influence the market price through' the manipulation of input or output. "All relevant prices are known to each producer, who also knows of all input combinations technically capable of producing any specific combination of outputs and who makes input-output decisions solely to maximize …


The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch Jan 1996

The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch

ILSA Journal of International & Comparative Law

Under a global economy, countries around the world trade with each other. International trade is essential to achieving a global economy. As the world moves toward a global economy, the need for international trade of goods and services is increasing. Numerous agreements between countries have been passed to facilitate international trade


Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar Jan 1996

Voluntary Environmental Compliance Auditing: A Primer, Somendu B. Majumdar

Fordham Environmental Law Review

No abstract provided.


History Of The University Of Wyoming College Of Law: The First Seventy-Five Years, Michael Golden Jan 1996

History Of The University Of Wyoming College Of Law: The First Seventy-Five Years, Michael Golden

Land & Water Law Review

No abstract provided.


Proceedings Of The Wyoming State Bar, Wyoming State Bar Jan 1996

Proceedings Of The Wyoming State Bar, Wyoming State Bar

Land & Water Law Review

No abstract provided.


Prisoners' Rights, Shann R. Jeffrey Jan 1996

Prisoners' Rights, Shann R. Jeffrey

Denver Law Review

No abstract provided.


Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton Jan 1996

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Faculty Scholarship

This article presents empirical data on externship programs in hopes of creating a nationwide clearinghouse for those engaging in and evaluating such programs. The authors analyze the implications of their data, both to better understand and support the pedagogical value of externship programs, as well as to evaluate the effect of the more recent ABA regulations imposed on these programs.


Negotiation As A Healing Process, Gerald R. Williams Jan 1996

Negotiation As A Healing Process, Gerald R. Williams

Journal of Dispute Resolution

Beginning in the late 1970's and continuing even today, there has been intense criticism in the media and elsewhere that Americans are too litigious, that people and institutions are too frequently going to court against one another. While the criticism may be partly merited, when considered from a more personal perspective, what seems remarkable is not how much litigation there is, but how little. For example, most members of society suffer harms, inconvenienses, and injustices that infringe on their legal rights and could be, if they chose, grounds for legal action. Most individuals recognize, however, that if they made a …


Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey Jan 1996

Competing Duties? Securities Lawyers' Liability After Central Bank, Ann Maxey

Fordham Law Review

No abstract provided.


Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer Jan 1996

Legal Process Scholarship And The Regulation Of Lawyers Special Issue: Institutional Choices In The Regulation Of Lawyers: Foreword , Ted Schneyer

Fordham Law Review

No abstract provided.


Report Of The Working Group On Conflicts Of Interest, Bruce A. Green Jan 1996

Report Of The Working Group On Conflicts Of Interest, Bruce A. Green

Fordham Law Review

No abstract provided.


A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim Jan 1996

A Paradigm For Determining The Role Of Counsel For Children, Martin Guggenheim

Fordham Law Review

No abstract provided.


Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt Jan 1996

Considerations In Representing Western Companies In Technology Transfers To East Asia, Jeffrey J. Blatt

UC Law SF International Law Review

The countries of East Asia have some of the fastest growing economies in the world. The region's need for high technology is evident in the semiconductor, broadcasting, electronics, and telecommunications fields. Lack of high technology infrastructure outside major metropolitan areas lends itself to foreign direct investment, joint ventures, and the procurement of high technology by Asian buyers.

This Paper addresses a number of considerations, issues, pitfalls, and concerns for structuring a successful technology transfer to East Asia, from the perspective of a potential technology transferor or vendor. Specifically, this Paper examines the effect of export controls, tax implications, the Foreign …


An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy Jan 1996

An Attorney's Right To Retain Fees Derived From A Fraudulent Law Suit, Leonard D. Pertnoy

St. Thomas Law Review

The remedy of restitution, used to prevent unjust enrichment, is a fundamental right firmly entrenched in the common law. This is especially true in cases where a victim seeks equitable relief to require the return of money or property obtained as a result of fraud. However, should the defrauded person always be entitled to be made whole? Similarly, the remedy of forfeiture is also a deeply rooted legal concept, finding its beginnings in early English common law. Originally, forfeiture was a punishment annexed by law to some illegal act. However, the concept of deodand now not only includes forfeiture of …


Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird Jan 1996

Tour On The Prairies Or Washington Irving And The Horseless Headman: A Stroll With Congress, The Court And Indian Nations At The Turn Of The Century, Kirke Kickingbird

St. Thomas Law Review

The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may …


Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet Jan 1996

Counsel For The Situation: The Latin Notary, A Historical And Comparative Model, Pedro A. Malavet

UC Law SF International Law Review

Compared to the legal profession found in the United States, in Latin countries an impartial counsel who advises all parties to a transaction is located at the top of the legal hierarchy and is referred to as the Latin notary. The Latin notary is granted exclusive power to perform certain legal functions such as memorialization of transactions. The Latin notary combines the competence traditionally associated with a public official and the discretion and responsibility of a private legal professional. For these reasons, the Latin notary is quite different from notaries public in the United States. The Latin notary owes a …


Success At The Bar, Roger J. Miner '56 Jan 1996

Success At The Bar, Roger J. Miner '56

Commencement Addresses

No abstract provided.


Appellants Petition For Rehearing And Suggestion Of Rehearing En Banc, Lewis M. Steel '63 Jan 1996

Appellants Petition For Rehearing And Suggestion Of Rehearing En Banc, Lewis M. Steel '63

Other Cases

No abstract provided.


Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …


Admissibility Of Investigatory Reports In Sec. 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz Jan 1996

Admissibility Of Investigatory Reports In Sec. 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Marquette Law Review

No abstract provided.


Getting Out: A Speech To The Law Class Of 1996, Peter K. Rofes Jan 1996

Getting Out: A Speech To The Law Class Of 1996, Peter K. Rofes

Marquette Law Review

No abstract provided.


Pay-Per-Call Legal Advice, Professional Integrity, And Legal Licenses: Why 1-900-Lawyers Is A Call To The Wrong Number, John P. Gillard Jr. Jan 1996

Pay-Per-Call Legal Advice, Professional Integrity, And Legal Licenses: Why 1-900-Lawyers Is A Call To The Wrong Number, John P. Gillard Jr.

Marquette Law Review

No abstract provided.


Table Of Contents For Volume 80, Marquette University Jan 1996

Table Of Contents For Volume 80, Marquette University

Marquette Law Review

No abstract provided.


Truth Or Dare: The Rules Of Professional Conduct And Stretching The Discovery Boundaries - Mississippi Bar V. Land, Katherine A. Smith Jan 1996

Truth Or Dare: The Rules Of Professional Conduct And Stretching The Discovery Boundaries - Mississippi Bar V. Land, Katherine A. Smith

MC Law Review

Notes


Education For The Practice Of Law: The Times They Are A-Changin’, Roy T. Stuckey Jan 1996

Education For The Practice Of Law: The Times They Are A-Changin’, Roy T. Stuckey

Nebraska Law Review

I. Overview

II. Catalysts for Reform … A. Calls for Reform before CLEPR [Council on Legal Education for Professional Responsibility] ... B. Calls for Reform from CLEPR to MacCrate ... C. Calls for Reform Today from MacCrate, the Profession, the Public, and Students

III. Impediments to Reform

IV. The Future of Education for the Practice of Law ... A. Problem-Solving Skill as the Core Objective of Legal Education ... B. Curricular Implications ... 1. Methodology ... 2. Sequencing and Structure ... 3. Teaching about Doctrine ... 4. Teaching about Skills and Values ... 5. The Core Skills and Values Curriculum …