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1997

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Articles 24781 - 24810 of 26674

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Vol. 9 Num. 1 Farms Review Of Books, Farms Review Jan 1997

Vol. 9 Num. 1 Farms Review Of Books, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

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On Cynics And Swords, Matthew Roper Jan 1997

On Cynics And Swords, Matthew Roper

Review of Books on the Book of Mormon 1989–2011

Review of “Of Cities and Swords: The Impossible Task of Mormon Apologetics” (1996), by James White

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Revisiting Expungement: Concealing Information In The Information Age, Michael D. Mayfield Jan 1997

Revisiting Expungement: Concealing Information In The Information Age, Michael D. Mayfield

Utah Law Review

No abstract provided.

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Another Marvelous Thing, Tessa Meyer Santiago Jan 1997

Another Marvelous Thing, Tessa Meyer Santiago

BYU Studies

No abstract provided.

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The Mormon Pioneer Odometers, Norman Edward Wright Jan 1997

The Mormon Pioneer Odometers, Norman Edward Wright

BYU Studies

This full account of the wooden machines that measured distances along the Mormon Trail documents interesting details and corrects old misconceptions.

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The Visionary World Of Joseph Smith, Richard Lyman Bushman Jan 1997

The Visionary World Of Joseph Smith, Richard Lyman Bushman

BYU Studies

Several people around the time of Joseph Smith had visionary experiences, opening a way for some to hear and receive the Prophet's unique messages.

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Default Rules In Contract Law As Response To Status Competition In Negotiation, Stephen M. Mcjohn Jan 1997

Default Rules In Contract Law As Response To Status Competition In Negotiation, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article discusses another role for default rules--reducing costs of status competition. Default rules principally serve to reduce transaction costs and strategic behavior costs, but they also accomplish other functions. The hypothetical behavior of parties that measure the costs and benefits of the transaction in absolute terms provide a basis transaction and strategic behavior cost analysis. Parties in actual negotiations, however, often shift to measuring things in relative terms because of concerns about status. The participants enter into contract negotiations to achieve gains from trade. The process of negotiation itself, however, may become a competition. Rather than simply trying to …

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Voicing Differences (Comment), Margaret E. Montoya Jan 1997

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

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Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller Jan 1997

Book Review Of The Sourcebook Of Federal Courts, U.S. District And Bankruptcy, James S. Heller

Library Staff Publications

No abstract provided.

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Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer Jan 1997

Private Commissions, Assisted Reproduction, And Lawyering, Larry I. Palmer

Faculty Publications

No abstract provided.

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Fair Representation And Conflict Of Interest: Sexual Harassment Complaints Between Co-Workers, Lori L. Park Jan 1997

Fair Representation And Conflict Of Interest: Sexual Harassment Complaints Between Co-Workers, Lori L. Park

Dalhousie Journal of Legal Studies

In exchange for the abandonment of individual employee negotiations in the workplace and the vesting of exclusive control over the grievance process to a certified bargaining agent, union members are owed a duty of fair representation by their union. Given that the union’s purpose is to foster the greatest collective good, union members expect that they will sometimes have to make individual sacrifices. However, where the subject of a workplace grievance is a dispute between two individual union members, as in a complaint of sexual harassment lodged by one bargaining unit member against another, it is not clear where the …

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"Carrying The Battle Into The Form:" Repatriating First Nations' Cultural Artifacts, Natalie Cuk Jan 1997

"Carrying The Battle Into The Form:" Repatriating First Nations' Cultural Artifacts, Natalie Cuk

Dalhousie Journal of Legal Studies

The healing of Canada's First Nations depends directly on their ability to re-establish control over their own cultures, to which cultural artifacts are integrally related. Thus, the article is premised on First Nations having a right to their cultural artifacts. To halt and reverse the exploitation of Aboriginal peoples, cultural artifacts displayed in museums and non-Aboriginal public institutions must be repatriated to the First Nations source groups. The article assesses both legal and non-legal methods for repatriation. The author suggests that a declaration of the existence of an Aboriginal right under section 35(1) of the Constitution Act, 1982 is the …

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Unveiling Protectionism: Anti-Dumping, The Gatt And Suggestion For Reform, Patrick Gay Jan 1997

Unveiling Protectionism: Anti-Dumping, The Gatt And Suggestion For Reform, Patrick Gay

Dalhousie Journal of Legal Studies

While anti-dumping actions taken under the auspices of the GATT are becoming increasingly prevalent, many commentators have questioned their economic justification and called for the replacement of current anti-dumping provisions with a system based upon competition law principles. This paper reviews the economic analyses, in light of political considerations, and suggests that calls for reaching reforms are premature and ignore the important safety valve function of anti-dumping measures. The paper concludes that a public economic interest provision should be added to the GATT Anti- Dumping Code, and that anti-dumping regulation should be subsumed within expanded safeguard provisions of the GATT …

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Bearing The Burden Of Unpaid Wages - Directors' Liability In The Context Of Wage Protection, Rafik Bawa Jan 1997

Bearing The Burden Of Unpaid Wages - Directors' Liability In The Context Of Wage Protection, Rafik Bawa

Dalhousie Journal of Legal Studies

In the event of bankruptcy or insolvency, where the assets of the bankrupt or insolvent enterprise are often not sufficient to meet its corresponding liabilities, the interests of one group must inevitably give way to another. This conflict of priorities is resolved by the scheme of distribution expounded in the federally enacted Bankruptcy and Insolvency Act. While this scheme recognizes and indeed includes as an enumerated priority unpaid employee wages, more often than not, such claims are left unrealized. Attempts to remedy the wage-protection problem have focused on a number of potential mechanisms. One of the most controversial is directors' …

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Things Fall Apart? Nafta After Quebec Secession, Adam Brebner Jan 1997

Things Fall Apart? Nafta After Quebec Secession, Adam Brebner

Dalhousie Journal of Legal Studies

The extremely close result of the 30 October 1995 referendum indicates that the possibility of Quebec secession is far from remote. It is therefore incumbent on those with an interest in the future of North America to consider carefully the ramifications of separation now, before another referendum becomes imminent, in the hope of achieving a cooler, less partisan debate. This note will examine the implications of Quebec secession on the continuation of the North American Free Trade Agreement (NAFTA) within the province. During the last referendum this issue was fiercely contested: the sovereigntists argued that joining the agreement would be …

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Rights Without Meaning - Failing To Give Effect To The Purpose Of Section 15(1) Of The Charter, Laura Fraser Jan 1997

Rights Without Meaning - Failing To Give Effect To The Purpose Of Section 15(1) Of The Charter, Laura Fraser

Dalhousie Journal of Legal Studies

The recent Supreme Court of Canada decision in Egan v. Canada has resulted in significant controversy and unanswered questions surrounding the status of homosexual couples. Egan has also raised doubts as to the status of the Canadian Charter of Rights and Freedoms section 15(1) analysis first announced in Andrews v. Law Society of British Columbia and later expanded in R. v. Turpin. Egan was released concurrently with Miron v. Trudel and Thibaudeau v. Canada. All three cases in the trilogy dealt with alleged breaches of section 15(1). Because of the peculiar combination of Supreme Court Justices who supported the new …

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Science At The Bar: Law, Science And Technology In America, Heather C. Devine Jan 1997

Science At The Bar: Law, Science And Technology In America, Heather C. Devine

Dalhousie Journal of Legal Studies

Book review of Science at the Bar: Law, Science and Technology in America by Sheila Jasanoff and published by Harvard University Press (Cambridge), 1995. (285 pp.)

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Environmental Harm: Civil Actions And Compensation, Duaine W. Simms Jan 1997

Environmental Harm: Civil Actions And Compensation, Duaine W. Simms

Dalhousie Journal of Legal Studies

Book review of Environmental Harm: Civil Actions and Compensation by Mario D. Faieta et al. and published by Butterworths (Markham, Ont.), 1996. (554 pp.)

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Needing Closure On Disclosure: The Application Of R. V. Stinchcombe In Human Rights Proceedings, Vincent Kazmierski Jan 1997

Needing Closure On Disclosure: The Application Of R. V. Stinchcombe In Human Rights Proceedings, Vincent Kazmierski

Dalhousie Journal of Legal Studies

Human rights commissions were first introduced in this country as an alternative mechanism to address complaints of discrimination. From the outset, human rights proceedings were designed to operate differently than criminal proceedings. While criminal courts assess the guilt or innocence of an accused using the reasonable doubt standard of proof, boards of inquiry assess evidence according to the balance of probabilities. Moreover, the boards of inquiry are mandated to compensate the victims of discrimination, and not necessarily to punish the discriminators. Despite these differences, boards of inquiry and courts alike have started, in recent years, to compare criminal and human …

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Was Slavery Unconstitutional Before The Thirteenth Amendment? Lysander Spooner’S Theory Of Interpretation, Randy E. Barnett Jan 1997

Was Slavery Unconstitutional Before The Thirteenth Amendment? Lysander Spooner’S Theory Of Interpretation, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In 1843, radical abolitionist William Lloyd Garrison called the Constitution of the United States, "a covenant with death and an agreement with hell." Why? Because it sanctioned slavery, one of the greatest crimes that one person can commit against another. Slavery was thought by abolitionists to be a violation of the natural rights of man so fundamental that, as Lincoln once remarked: "If slavery were not wrong, nothing is wrong." Yet the original U.S. Constitution was widely thought to have sanctioned this crime. Even today, many still believe that, until the ratification of the Thirteenth Amendment prohibiting involuntary servitude, slavery …

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Origin And Spread Of Syphilis, Jun Hong Jan 1997

Origin And Spread Of Syphilis, Jun Hong

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Sports Aggression| An Ethical Perspective, Robert Greene Jan 1997

Sports Aggression| An Ethical Perspective, Robert Greene

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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From Cotton Curtain To Iron Curtain| Black Americans' Reaction To The Hungarian Crisis Of 1956 And 1957, Rachel A. Wonder Jan 1997

From Cotton Curtain To Iron Curtain| Black Americans' Reaction To The Hungarian Crisis Of 1956 And 1957, Rachel A. Wonder

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Clearing The Country| A History Of The Hudson's Bay Company's Fur Desert Policy, Jennifer Susan Ott Jan 1997

Clearing The Country| A History Of The Hudson's Bay Company's Fur Desert Policy, Jennifer Susan Ott

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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(De)Presenting The Self| Milan Kundera's Deconstruction Of The Public Persona Through Paradox, Paula S. Delbonis-Platt Jan 1997

(De)Presenting The Self| Milan Kundera's Deconstruction Of The Public Persona Through Paradox, Paula S. Delbonis-Platt

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Santa Clara Experiment: A New Fee-Generating Model For Clinical Legal Education, Patricia Pierce, Kathleen Ridolfi Jan 1997

The Santa Clara Experiment: A New Fee-Generating Model For Clinical Legal Education, Patricia Pierce, Kathleen Ridolfi

Clinical Law Review

Santa Clara University's Law Clinic was established over twenty-five years ago. From January 1995 through May 1996, we experimented with a fee-generating model at the Clinic which consisted of an employment law project operating in conjunction with the criminal defense clinic already in place. Our results exceeded our expectations and offer an encouraging new model for a clinical program that can generate substantial fees without compromising the goals and values of clinical educators. In recent years a lively and often heated debate has arisen in clinical scholarship about the feasibility and utility of implementing fee-generating legal clinics. This debate has …

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Externship Site Inspections: Fitting Well-Rounded Programs Into The Four Corners Of The Aba Guidelines, William Wesley Patton Jan 1997

Externship Site Inspections: Fitting Well-Rounded Programs Into The Four Corners Of The Aba Guidelines, William Wesley Patton

Clinical Law Review

Robert Seibel and Linda Morton recently charted the demographics of externship programs. They lauded "the incredible diversity of programs which currently exist," but warned that the American Bar Association's (ABA) "micromanagement" regulatory approach which focuses on "content review" rather than addressing "institutional support" will serve as a decrement rather than an enhancement of externship programs. This is a companion essay which focuses not on who we are, but rather on whom the ABA wants us to be and the methods employed during site inspections to insure uniformity. The empirical base was developed through an August 8, 1995 survey sent to …

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Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin Jan 1997

Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin

Clinical Law Review

From the beginning of its resurgence in the 1960s, the clinical movement in American legal education has been driven by a kind of "academic" perspective. Emphasizing the necessary relationship between theory and practice, the central role of ideas in the development of behavioral competence, and the importance of the intellectual dimension of professional socialization, this perspective has shaped not only the intellectual content of most American clinical legal education, but also its programmatic structure. Academic clinical instruction is characterized by a commitment to supervision by full-time law faculty, on cases selected principally for their educational value, based in law offices …

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Using "Difference Analysis" To Teach Problem-Solving, Kimberly E. O'Leary Jan 1997

Using "Difference Analysis" To Teach Problem-Solving, Kimberly E. O'Leary

Clinical Law Review

One of the most important contributions of the critical legal scholarship movement has been its recognition of the fundamental importance of perspective in understanding the law. In a related phenomenon, a number of law professors have begun the work of widening the perspectives that are considered in the law school classroom. Nonetheless, law professors have not fully integrated "difference analysis" into paradigms of problem-solving on behalf of clients. This article will explore how law professors, and especially clinical law professors, can better integrate "difference analysis" into teaching law students the central skill of problem-solving. The primary purpose of teaching students …

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Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds Jan 1997

Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds

William & Mary Law Review

No abstract provided.

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