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Opting Out Of Public Provision: Constraints And Policy Considerations, Elaine A. Welle

Denver Law Review

No abstract provided.

Contractual Purgatory For Sexual Marginorities: Not Heaven, But Not Hell Either, Martha M. Ertman

Denver Law Review

No abstract provided.

Alienation Of Conservation Easements, Richard B. Collins

Denver Law Review

No abstract provided.

Public Good And Private Magic In The Law Of Land Trusts And Conservation Easements: A Happy Present And A Troubled Future, Federico Cheever

Denver Law Review

No abstract provided.

Conceptualizing Forum Selection As A Public Good: A Response To Professor Stone, Dennis O. Lynch

Denver Law Review

No abstract provided.

Claiming Private Law For The Left: Exploring Gilmer's Impact And Legacy, Roberto L. Corrada

Denver Law Review

No abstract provided.

Vol. 74, No. 1: Title Page, Denver University Law Review

Denver Law Review

No abstract provided.

Clergy Malpractice Revisited: Liability For Sexual Misconduct In The Counseling Relationship, Janice D. Villiers

Denver Law Review

No abstract provided.

How Can A Plaintiff Prove Intentional Employment Discrimination If She Cannot Explore The Relevant Circumstances: The Need For Broad Workforce And Time Parameters In Discovery, Susan K. Grebeldinger

Denver Law Review

No abstract provided.

The Integration Of State Private Law In Federalized Fields Of Law: The Case For Federal Common Law, Stephen J. Mchugh

Denver Law Review

No abstract provided.

Out Of Many, One: Fundamental Rights, Diversity, And Arizona's English-Only Law, Karla C. Robertson

Denver Law Review

No abstract provided.

Vol. 74, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler

Richmond Public Interest Law Review

The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …

Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt

Richmond Public Interest Law Review

While it is true that presidents can and will attempt to practice domination of the Congress when making public policy, the nature of the new environment makes it less likely that they will regularly succeed. Because of the complexity of issues, there is a need to revisit the mechanics of executive/legislative liaisons in this new era. This essay represents such an attempt. First, we examine the changes that impact presidential policy-making in the post-Cold War era. Second, we review the ongoing debate in presidential literature concerning executive dominance over the Congress. Third, we briefly examine the modern history of presidential/congressional …

From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer

Richmond Public Interest Law Review

My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …

Jones V. Clinton And Presidential Immunity, Braxton Hill

Richmond Public Interest Law Review

On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …

Congress Considers Bill To Split Ninth Circuit, Carl W. Tobias

Law Faculty Publications

Late last year, the Senate Judiciary Committee approved a measure that would divide the U.S. Court of Appeals for the Ninth Circuit. The proposal, Senate Bill 956, would create a new Twelfth Circuit comprised of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, leaving California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote is significant because no bill to split the Ninth Circuit has ever received floor debate. The second session of the 104th Congress could well divide the court.

Public School Desegregation In Virginia During The Post-Brown Decade,, Carl W. Tobias

Law Faculty Publications

Professor Tobias chronicles the social, political, and legal dimensions of Virginia's slow path to school desegregation following the Supreme Court's 1954 Brown v. Board of Education ruling. He compares Virginia's "massive resistance" strategy to the less recalcitrant approach of neighboring North Carolina.

"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen

Law Faculty Publications

As one of the most important current topics in environmental law, the redevelopment of abandoned or underutilized urban properties, better known as brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment. In this insightful article, Professor Eisen provides the most comprehensive discussion …

The Proposal To Split The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

Individuals and organizations concerned about natural resources should be aware of the recent controversial proposal to divide the United States Court of Appeals for the Ninth Circuit. During the first session of the 104th Congress in the fall of 1995, the United States Senate Judiciary Committee approved Senate Bill 956, a measure that would establish a new Twelfth Circuit consisting of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington, and that would leave California, Hawaii, Guam, and the Northern Mariana Islands in the Ninth Circuit. The Judiciary Committee vote was important for two reasons: the circuit's division could substantially affect …

Welfare Reform, The Child Care Dilemma, And The Tax Code: Family Values, The Wage Labor Market, And The Race-And-Class-Based Double Standard, Mary L. Heen

Law Faculty Publications

In the winter of 1996, Steve Forbes--publisher, heir, and presidential candidate--captured the American imagination with his proposal for a flat tax. But while Mr. Forbes claimed that such a tax would level the economic playing field by eliminating countless loopholes and miles of red tape, his actual proposal betrayed such claims to fairness by overtaxing workers and undertaxing financial capital.

In the face of recent proposals for dramatic and far-reaching tax reform, Taxing America takes a critical look at the way the federal government collects its revenue and exposes the bias at the heart of a system which claims to …

Bottoms V. Bottoms: In Whose Best Interest? Analysis Of A Lesbian Mother Child Custody Dispute, Peter N. Swisher

Law Faculty Publications

This Article traces and analyzes the series of legal and factual events leading up to the Virginia Supreme Court's contradictory and controversial decision in Bottoms v. Bottoms.

State Of The Art In Montana Products Liability Law, Carl W. Tobias

Law Faculty Publications

The United States District Court for the District of Montana recently certified an important question of products liability law to the Montana Supreme Court. United States Senior District Judge Paul J. Hatfield certified the following question:

In a strict products liability case for injuries caused by an inherently unsafe product, is the manufacturer conclusively presumed to know the dangers inherent in his product, or is stateof- the-art evidence admissible to establish whether the manufacturer knew or through the exercise of reasonable human foresight should have known of the danger?

Because the issue of the admissibility of state-of-the-art evidence in a …

Comments: Gulf War Syndrome: Will The Injuries Of Veterans And Their Families Be Redressed?, Kevin J. Dalton

University of Baltimore Law Review

No abstract provided.

Fair Cross — Section Challenges In Maryland: An Analysis And Proposal, Richard Seltzer, John M. Copacino, Diana Roberto Donahoe

University of Baltimore Law Review

No abstract provided.

Notes: Torts — Res Ipsa Loquitur Is Inapplicable When A Plaintiff Offers Expert Testimony To Furnish A Complete Explanation Of The Specific Cause Of An Accident. Dover Elevator Co. V. Swann, 334 Md. 231, 638 A.2d 762 (1994), Jamey B. Johnson

University of Baltimore Law Review

No abstract provided.

Notes: Conflicts — Insurance — Environmental Law — Limited Ren Voi Exception Will Be Utilized When Lex Loci Contractus Indicates That Foreign Jurisdiction Would Apply Maryland Law To Substantive Issue. American Motorists Insurance Co. V. Artra Group, Inc., 338 Md. 560, 659 A.2d 1295 (1995), Douglas I. Wood

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 26 Number 2 (Spring 1996) Front Matter

University of Baltimore Law Review

No abstract provided.

Preserved Or Pickled?: The Right To Trial By Jury After The Merger Of Law And Equity In Maryland, Charles A. Rees

University of Baltimore Law Review

No abstract provided.

Cover And Contents

Turkish Journal of Mathematics

No abstract provided.