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The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

LLM Theses and Essays

The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two …

Debtors' Good Faith In Us Bankruptcy Proceedings, Chen Yang

LLM Theses and Essays

Bankruptcy is a judicial process purporting to regulate and adjust the financial relationships between debtors and creditors which come into a deadlock. In the modern United States, bankruptcy has become a concept pervading each corner of the social and economic lives. It touches mass tort victims, large corporations, small family business, government institutions, and even normal individuals. The appearance of the modern bankruptcy law of the United States is signaled by the enactment of the Bankruptcy Reform Act in 1978 which, together with later amendments, constitute the current Bankruptcy Code of the United States; but also help them strategically restructure …

Legal Aspect And Problems In International American Franchise Transaction In Indonesia, Veronika

LLM Theses and Essays

The Republic of Indonesia, a country in Southeast Asia, faced serious economic problems in 1966, the total debt was (U.S.) $2.3 billion and exceeded export earnings. The government encourages the private sector to take part in this economic development since the government itself faced a scarcity of fund. The government has tried to attract private investment either domestic or foreign investor by launching the deregulation program. The purpose of this thesis is to make an argument that Indonesian franchises need protection and that it is time now for the legislative body in Indonesia to enact a franchise law. The study …

Indemnity Of Legal Fees, Avery W. Katz

Faculty Scholarship

This article surveys the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on the choice between settlement and trial. Section 6 addresses the interaction between the allocation of legal fees and the parties' incentives …

Extraterritoriality And Multiterritorality In Copyright Infringement, Jane C. Ginsburg

Faculty Scholarship

Extraterritorial application of U.S. law, as Professor Curtis Bradley demonstrates, is highly suspect, if not illegitimate, unless clearly authorized by Congress. The apparently “extraterritorial” character of much recent copyright litigation has led some U.S. courts to dismiss for lack of subject matter jurisdiction or on grounds of forum non conveniens when the cases present offshore points of attachment. As copyright commerce becomes increasingly international, some of these dismissals may be unwarranted. They also may be incorrect in their refusal to apply U.S. law or retain U.S. jurisdiction over the parties: the decisions may be too quick to perceive "extra"-territoriality in …

Rethinking Judicial Discretion: Sanctions And The Conundrum Of The Close Case, Maureen N. Armour

SMU Law Review

No abstract provided.

Affirmative Action In College And Graduate School Admissions - The Effects Of Hopwood And The Actions Of The U.C. Board Of Regents On Its Continued Existence, Jeffrey B. Wolff

SMU Law Review

No abstract provided.

Deregulatory Takings, Breach Of The Regulatory Contract, And The Telecommunications Act Of 1996, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

Professors Baumol and Merrill reply to Deregulatory Takings and Breach of the Regulatory Contract, published last year in this Review, which argued that the price incumbents may charge potential competitors for bottleneck facilities under the Telecommunications Act of 1996 should be based not on forward-looking costs but on historical costs. Professors Baumol and Merrill contend that pricing with reference to historical costs would depart from the principles called for by economic analysis for efficient pricing and they further argue that neither the Takings Clause nor the regulatory contract precludes the use of forward-looking costs in setting prices. If a taking …

Homosexuals, Torts, And Dangerous Things, Katherine M. Franke

Faculty Scholarship

Negligent, intentional, and strict liability torts. From a canonical standpoint, whatever else one might teach, it is not a first-year torts course if these three concepts are not covered. Torts has a canon, even a Restatement. Yet a canon evolves only after some criteria of value has been established such that privileged texts can be identified according to some authoritative standard. In other words, a canon is the result of a process by which a rule of recognition identifies authoritative texts.

At what point can we say that torts became a field and an intact legal subject, the canon …

Asia's Next Tiger?, Clifford J. Shultz, William J. Ardrey

School of Business: Faculty Publications and Other Works

Vietnam has evolved from one of the worst performing economies in Asia during the early 1980s, to winning the Euromoney Best Managed Economy Award in the '90s. Foreign investors, betting that Vietnam was serious about its economic reforms, rushed to penetrate this market. Some succeeded, many failed. Vietnam must now respond to the challenge of rising expectations by foreign investors while delivering increased variety and quality of goods demanded by its people. The transition from a command to a market economy continues to lurch forward, creating a promising but perilous marketing environment. INSETS: Important Political Developments Since 1992;Vietnam: The Bad …

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …

Emphasizing The Constitutional In Constitutional Torts (Symposium On Section 1983), Christina B. Whitman

Articles

It has been surprisingly difficult to extricate constitutional litigation from torts. In this Article I would like to resist once more' the idea that tort doctrines and tort categories provide a useful model for constitutional decision-making. When it comes to deciding the merits of a constitutional claim, torts is a distraction. That is the case whether torts serves as a positive model for the constitutional cause of action or as an alternative to be shunned. As part of this argument, I also question the claim2 that Monroe v. Pape,3 the 1961 case that opened the door for damages relief under …

The A Student Who Gave Up The Law For Baseball, Yale Kamisar

Articles

When the head coach of the University of Michigan baseball team resigned suddenly, University officials started looking around for a replacement. Then several people told the Athletic Director about an outstanding candidate in his own backyard. It turned out that a young man who had coached baseball both at Ohio Wesleyan University and Allegheny College and then been a catcher for several major league baseball clubs (before his throwing arm went dead) was a student in the Law School. After receiving glowing reports about the young man (let's call him by his first two initials, W.B.), the Athletic Director offered …

Gluttony, William I. Miller

Articles

Gluttony does not have the grandeur of pride, the often brilliant strategic meanness of envy and avarice, the glory of wrath. It does manage to gain some small allure by its association with lust, its sexy sibling sin of the flesh. Yet there is something irrevocably unseemly about gluttony, vulgar and lowbrow, self-indulgent in a swinish way. Gluttony is not the stuff of tragedy or epic. Imagine Hamlet too fat to take revenge or Homer making his topic the gluttony of Achilles rather than his wrath. With gluttony, compare pride and anger, sins that mark the grand action of revenge, …

Nature Of Rules And The Meaning Of Meaning, Kent Greenawalt

Faculty Scholarship

This essay addresses two problems in legal theory. What is the nature of rules, especially legal rules? What is the meaning of a legal rule?

My main concern is the relation between these two questions. I inquire whether a sensible view of how rules work commits one to any particular approach to meaning. For this inquiry, I focus on Frederick Schauer's illuminating treatment of rules in Playing by the Rules, which he says is linked to a particular view of meaning. I assert that the linkage is much less tight than he supposes, and that competing theories about meaning are …

From The Bottom Up, Kent Greenawalt

Faculty Scholarship

This Article is about carrying out informal instructions given by people in authority. Although many scholars have written about how legal interpretation resembles interpretation in fields such as literature and religion, few have compared informal instructions and legal rules. My most basic assumption in this Article is that focus on informal situations can illumine the standards people use in performing instructions and the kinds of meaning they attribute to instructions. As my title implies, if we reflect on what amounts to faithful or desirable performance of informal directives and the more conceptual question of what these prescriptive standards "mean," we …

Changing Landscapes And Evolving Law: Lessons From Mono Lake On Takings And The Public Trust, Andrew H. Sawyer

Oklahoma Law Review

No abstract provided.

The Politics Of Property Rights, John D. Echeverria

Oklahoma Law Review

No abstract provided.

Torts: Kirkpatrick V. Chrysler Corp.--Are YouSatisfied--Oklahoma's Rigid Application Of The One Satisfaction Rule Is Not So Rigid Anymore, Christopher T. Moore

Oklahoma Law Review

No abstract provided.

Congestive Heart Failure And Quality Of Life: Can Patient Education Make A Difference?, Mary Beth Perniz

Master's Projects

Congestive heart failure is a widely prevalent sequel to other chronic medical and cardiovascular conditions. It is of growing concern to nurse practitioners in the primary care setting. Quality of life, as perceived by an individual, is directly affected while living with a chronic terminal illness. This pilot project conducted in a solo medical practice examines the effect of a patient education program on the quality of life of patients living with congestive heart failure. Basic patient education regarding anatomy, physiology, daily body weights, medication management, sodium restriction, regular exercise, and stress reduction was taught to a sample of patients …

Parish Nursing: A Resource And An Opportunity, Janice W. Swing

Master's Projects

Do you know people in the community who do not understand their health needs? Are you aware of people who do not have access to health services? Parish nursing draws on the strengths of people in a congregation to promote physical, mental, and spiritual health for the congregation and its local community. Hospital nurses may want to use parish nurses as a valuable resource for discharge planning. Community nurses may also need the support of parish nurses for clients. Additionally, for experienced nurses who belong to a faith community, serving as a parish nurse satisfies a need for something new. …

Many Voices: Medical Anthropologists Explore The Meaning Of Health, Illness, And Cure, Michael Hass

Education Faculty Articles and Research

Lindenbaum, Shirley and Margaret Lock, eds. Knowledge, Power and Practice: The Anthropology of Medicine in Everyday Life. Berkeley: University of California Press, 1993. xvii + 242 pp. including notes, references, and indices. $50.00 cloth, $15.00 paper.

Etkin, Nina L. and Michael L. Tan, eds. Medicines: Meanings and Contexts. Quezon city, Philippines and Amsterdam: Health Action Information Network and the University of Amsterdam, 1994. v + 305 pp. $15.00 paper.

Good, Byron J. Medicine, Rationality, and Experience: an Anthropological Perspective. Cambridge: Cambridge University Press, 1994. $54.95 Cloth, $17.95 paper.

A Fairy Tale About Teacher Research In Conservative Times, Collaborative Action Researchers For Democratic Communities, Suzanne Soohoo, Lani Martin, Tom Wilson, Emily Wolk

Education Faculty Articles and Research

Collaborative action research involves creating spaces for thoughtful discussion, not only about classroom practices but about schooling in general. The fairy tale created by the authors of this piece raises questions about autonomy, control, and the need for participation in the context of the current conservative climate.

Aladdin's Problem [Aladins Problem], Mark Axelrod

English Faculty Books and Book Chapters

The Babel Guide to fiction in translation reviews and lists novels and short stories available in English. This chapter discusses Ernst Jünger's Aladdin's Problem.

Yet More Abuse Of B. H. Roberts, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

Review of “The Disappointment of B. H. Roberts: Five Questions that Forced a Mormon General Authority to Abandon the Book of Mormon” (1991), by James R. Spencer

About The Reviewers, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

The Strength Of The Mormon Position, Neal W. Kramer

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Review Essay: Jolly, Karen Louise. Popular Religion In Late Saxon England: Elf Charms In Context, John E. Damon

Quidditas

Jolly, Karen Louise. Popular Religion in Late Saxon England: Elf Charms in Context. University of North Carolina Press, Chapel Hill, 1996. x + 251 pp. $39.95/$16.95.

Review Essay: Cranston, Maurice. The Solitary Self: Jean-Jacques Rousseau In Exile And Adversity, Reginald Mcginnis

Quidditas

Cranston, Maurice. The Solitary Self: Jean-Jacques Rousseau in Exile and Adversity. University of Chicago Press, Chicago, 1997. 247 pp. $29.95.

Full Issue

Quidditas

No abstract provided.