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1996

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The Role Of Basic Values In The Contemporary Constitutional Hermeneutics Of Germany And The United States, William J. Wagner Jan 1996

The Role Of Basic Values In The Contemporary Constitutional Hermeneutics Of Germany And The United States, William J. Wagner

Scholarly Articles

No abstract provided.


Books Received Jan 1996

Books Received

The International Lawyer

No abstract provided.


Safe And Sound At Last? Federalized Anti-Stalking Legislation In The United States And Canada, Keirsten L. Walsh Jan 1996

Safe And Sound At Last? Federalized Anti-Stalking Legislation In The United States And Canada, Keirsten L. Walsh

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna Jan 1996

The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.


Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase Jan 1996

Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase

American University International Law Review

No abstract provided.


Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews Jan 1996

Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews

Fordham International Law Journal

This Note discusses how international common law should act as federal common law in U.S. courts. This Note also explores the constitutional challenges involved in incorporating customary international law into U.S. federal common law. Such challenges revolve around the institutions of representative democracy, federal jurisdiction, and the doctrine of separation of powers. Part I of this Note discusses federal common law and customary international law. Part II of this Note presents the negative and positive effects of incorporating customary international law into federal common law. This Note concludes that to preserve national honor among the community of nations, and to …


Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson Jan 1996

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Fordham International Law Journal

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys' fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the "death row phenomenon." The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …


Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun Jan 1996

Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun

Michigan Journal of International Law

This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …


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


A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff Jan 1996

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

ILSA Journal of International & Comparative Law

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government


The Legal Executions Of Kentucky Blacks, George C. Wright Jan 1996

The Legal Executions Of Kentucky Blacks, George C. Wright

President Emeritus George C. Wright Speeches

No abstract provided.


Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park Jan 1996

Judicial Utilization Of Scientific Evidence In Complex Environmental Torts: Redifining Litigation Driven Research, Keum J. Park

Fordham Environmental Law Review

No abstract provided.


Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus Jan 1996

Mens Rea In Environmental Criminal Law: Reading Supreme Court Tea Leaves, Richard J. Lazarus

Fordham Environmental Law Review

No abstract provided.


Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno Jan 1996

Parallel Proceedings And The Fifth Amendment's Double Jeopardy Clause, Ed Neafsey, Edward R. Bonanno

Fordham Environmental Law Review

No abstract provided.


Structures Of Environmental Criminal Enforcement, Michael Hertz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael Hertz

Fordham Environmental Law Review

No abstract provided.


Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr Jan 1996

Environmetnal Self-Audit Privilege: The Straw That Breaks The Back Of Criminal Prosecutions, Linda A. Spahr

Fordham Environmental Law Review

No abstract provided.


Gold & Blue, Fall/Winter 1996, St. Mary's University- San Antonio, Texas Jan 1996

Gold & Blue, Fall/Winter 1996, St. Mary's University- San Antonio, Texas

Gold & Blue

This is the Fall/Winter 1996 edition of Gold & Blue which is St. Mary's University's official school publication.


Author’S Guide To Scholarly Publishing, Diane Peterson, Joseph M. Moxley Jan 1996

Author’S Guide To Scholarly Publishing, Diane Peterson, Joseph M. Moxley

English Faculty Publications

No abstract provided.


Why Use Computerized Databases?, Joseph M. Moxley Jan 1996

Why Use Computerized Databases?, Joseph M. Moxley

English Faculty Publications

No abstract provided.


Establishing An International Criminal Court: Will It Do Justice?, Nancy E. Guffey-Landers Jan 1996

Establishing An International Criminal Court: Will It Do Justice?, Nancy E. Guffey-Landers

Maryland Journal of International Law

No abstract provided.


The Polygraph Paradox: Florida's Conflicting Approaches Toward The Admissibility And Use Of Polygraph Results, Terry Jane Feld Jan 1996

The Polygraph Paradox: Florida's Conflicting Approaches Toward The Admissibility And Use Of Polygraph Results, Terry Jane Feld

Nova 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.


The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar Jan 1996

The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar

Book Chapters

"I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization .... The institution of trial by jury has come to be regarded as such a fetish in our country that state legislatures have exalted the power of the jury and diminished the power of the court .... The counsel for the defense, relying on the diminished power of the court, creates, by dramatic art and by harping on the importance of unimportant details, a false atmosphere …


It's Not A Cultural Thing: Disparate Domestic Enforcement Of International Criminal Procedure Standards--A Comparison Of The United States And Egypt, Sohail Mered Jan 1996

It's Not A Cultural Thing: Disparate Domestic Enforcement Of International Criminal Procedure Standards--A Comparison Of The United States And Egypt, Sohail Mered

Case Western Reserve Journal of International Law

No abstract provided.


Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr. Jan 1996

Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr.

William Monroe Trotter Institute Publications

W.E.B. Du Bois demonstrated poignant insight into the character of American society when he predicted in 1901 that the fundamental problem of the 20th Century would be the problem of the color line. Du Bois was writing in the aftermath of the first reconstruction that saw the institutionalization of Jim Crow and white dominance across the South. This period was symbolized by the infamous Plessy v. Ferguson decision in 1896. It was also marked by the capitulation of white Republican custodians of Reconstruction to the racist demands of southern politics, including the massive ejection of Black politicians from public office, …


The World Bank, The Imf, And Human Rights, Daniel D. Bradlow Jan 1996

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager Jan 1996

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Faculty Scholarship

Criminal procedure casebooks densely populate the market but rarely are reviewed. In Criminal Procedure: Regulation of Police Investigation-Legal, Historical, Empirical, and Comparative Materials, Christopher Slobogin copes with the anxiety of influence by writing a different sort of text. Simply put, the book is outwardly somewhat homely. Aesthetics aside, the book is mostly excellent and astonishingly so for a first edition. As the subtitle promises, the book has something for everyone: historians, empiricists, comparativists, theoreticians, case-crunchers, and practitioners. This review essay tracks the book's crowning achievement-the refreshing and inventive "perspectives" chapter that opens the book. The essay then reflects on …


Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager Jan 1996

Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager

Faculty Scholarship

This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."


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.


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.