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1998

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From Steel Town To "Ghost Town": A Qualitative Study Of Community Change In Southeast Chicago, Edwina Leona Jones Jan 1998

From Steel Town To "Ghost Town": A Qualitative Study Of Community Change In Southeast Chicago, Edwina Leona Jones

Master's Theses

No abstract provided.

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Halacha And Aggada: Translating Robert Cover's Nomos And Narrative, Samuel J. Levine Jan 1998

Halacha And Aggada: Translating Robert Cover's Nomos And Narrative, Samuel J. Levine

Utah Law Review

In his groundbreaking 1983 article, Nomos and Narrative,' Robert Cover began to develop the themes that would dominate his writings for the rest of his life. Two of these themes, in particular, also would exert a profound influence on legal scholarship, and illustrate the significance of Cover's ideas to issues affecting the broader academy as well.

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Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender Jan 1998

Castles In The Sand: Balancing Public Custom And Private Ownership Interests On Oregon’S Beaches, Steven W. Bender

Faculty Articles

Although much has been written about Oregon's unique legacy of public privilege to use private beaches, scholarship has tended to focus on articulation as well as spirited critique of the custom doctrine. More recently, commentators have addressed the question of whether the public's beach rights can withstand scrutiny under the constitutional takings doctrine. In contrast, this article assumes that the custom doctrine is sufficiently embedded in Oregon's history and case law as precedent to withstand reconsideration of the doctrine and to constitute a background principle of state law for purposes of the takings doctrine. With these assumptions, the article examines …

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Regional Economic Policy And Regional Income Inequality In The People's Republic Of China, Jiayan Ju Jan 1998

Regional Economic Policy And Regional Income Inequality In The People's Republic Of China, Jiayan Ju

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Taking Bicycles Seriously : Three Replicable Urban Bicycle Development Projects, Paul Steely White Jan 1998

Taking Bicycles Seriously : Three Replicable Urban Bicycle Development Projects, Paul Steely White

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Stalker Of The Wild| Profile Of Wildlife Filmmaker Bob Landis, Kevin Gene Rhoades Jan 1998

Stalker Of The Wild| Profile Of Wildlife Filmmaker Bob Landis, Kevin Gene Rhoades

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Octofoil, January/February 1998, Ninth Infantry Division Association Jan 1998

The Octofoil, January/February 1998, Ninth Infantry Division Association

The Octofoil

The Octofoil is the offical publication of the Ninth Infantry Division Association, Inc., an organization formed by the officers and men of the 9th Infantry Division in order to perpetuate the memory of fallen comrades, preserve the esprit de corps of the Division, promote peace and serve as an information bureau about the 9th Infantry Division. The Association is made up of 9th Infantry veterans from WWII and Vietnam, spouses, widows and lineal descendants.

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Clinton And Jackson Must Rise To The Occasion In L'Affaire Lewinsky, Porcher L. Taylor Iii Jan 1998

Clinton And Jackson Must Rise To The Occasion In L'Affaire Lewinsky, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Having apparently prayed with everyone in the first family about - if not against - the Monica Lewinsky specter, the Rev. Jesse Jackson has become the spiritual point man for the Clinton White House.

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Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos Jan 1998

Hazardous Waste Determination And Government Enforcement Actions In The Resource Conservation And Recovery Act And The Law No. 24051: Comparison Between The United States And Argentina, Eduardo Jose Conghos

LLM Theses and Essays

The incremental generation and disposal of hazardous waste, causing severe environmental pollution, has become one the world’s most important ecological problems starting with the Stockholm Conference in 1972. This paper examines two legislative reactions to pollution caused by hazardous wastes in the United States, under the Resource Conservation and Recovery Act 1976 (RCRA), and Argentina, in Law No. 24051. This paper makes a comparative analysis of the material provisions of both the RCRA and the Law with emphasis on the tools and actions provided for the enforcement of the RCRA and the Law. The paper concludes that the RCRA and …

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Copyright Protection Of Software, Severine Desimpelaere Jan 1998

Copyright Protection Of Software, Severine Desimpelaere

LLM Theses and Essays

Computer technology has developed within the last decades with many advancements which require intellectual property protections. This thesis addresses the need for the legal protection of software by the vast body of copyright laws. This thesis examines the history, nature, textual and practical compositions of copyright laws and their adaptability to computer technology. The thesis further analyses the scope of copyright protection with emphasis on the Computer Software Copyright Act of 1980 (CSCA), the regime of international conventions for the protection of software as well as other statutory protections for the owners and users of the software. The thesis concludes …

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Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde Jan 1998

Obtaining Damages From Unconstitutional Convictions: A Comparative Study Between Habeas Corpus And Amparo, Francisco Donde

LLM Theses and Essays

This thesis focuses on the right of victims of political and other unconstitutional convictions to obtain legal relief in Mexico. The thesis critically examines the writs of Amparo and habeas corpus, their uses and enforcements in Mexico, including, the policy for the creation of the writs – liberty. This thesis makes a comparative analysis of the use of the Mexican writ of Amparo and the writ of habeas corpus vis-à-vis enforcement mechanisms in the United States for unconstitutional convictions. The thesis concludes with proposals for amendments to the Amparo statute in Mexico to create the possibility for damages as …

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Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya Jan 1998

Exercising The Doctrine Of Judicial Review By Establishing A Constitutional Court In Mexico, Irma Leticia Leal-Moya

LLM Theses and Essays

This thesis focuses on the doctrine of judicial review and the need to establish a constitutional court in Mexico. The paper critically examines the doctrine of judicial review under the common law (US) and civil law (Germany) jurisdictions. Although the doctrine of judicial review in Mexico is a combination of both models, several decades of institutional arrangements prevent the Mexican judicial system from achieving effective instruments to enforce basic constitutional principles and maintain an equilibrium of powers. This thesis proposes a constitutional review that will create independent constitutional courts, with powers to review executive and legislative powers.

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Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang Jan 1998

Recognition And Enforcement Of Foreign Arbitral Awards: Application Of The New York Convention In The United States, Lijun Yang

LLM Theses and Essays

No abstract provided.

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Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner Jan 1998

Child-Custody Adjudication - The Twentieth Century Dilemma: Reconciling The Best Interest Of The Child In A Cross-Cultural Setting, Jasmine Rita Renner

LLM Theses and Essays

Child Custody determination in family law is a herculean task. It typically depends on the balancing of interests between two parents that works in tandem with the best interest of the child. This paper addresses the legal and constitutional factors that affect custody adjudication in the 20th century such as feminist jurisprudence, and the growing concept of joint custody with primary caretaker rule. The paper also examines the role and impact of assisted reproductive technology on custody adjudication. Most importantly, the paper focuses on the best interest of the child doctrine under Article 3(1) of the United Nations Convention on …

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Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li Jan 1998

Good Faith Principle Under Vienna Sales Convention - A Comparative Study, Chuan Li

LLM Theses and Essays

This paper focuses on the good faith principle in contracts and international trade. The paper examines the description of the good faith principle in common law and civil law jurisdictions and various approaches to Article 7 (1) of the Vienna Sales Convention that requires the need to promote the observance of good faith in international trade. The paper reviews the drafting history of the Article, interpretation of good faith under common law and civil law, the UNIDROIT and Uniform Commercial Code. The paper concludes by proposing a uniform understanding of the Convention’s good faith principle by clarifying its function, its …

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The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi Jan 1998

The United Nations Convention For The International Sale Of Goods (Cisg) And Related Issues Of Conflict Of Laws, Francesco Pifferi

LLM Theses and Essays

This paper addresses a need for legal predictability in international sale of goods. The author explores the twin purposes of the CISG to provide uniform substantive rules for international sale contracts and to solve conflict of laws problems through a uniform choice of law principle. The paper explores the regime of conflict of law rules in the CISG in comparison with the Hague Convention on the Law Applicable to the Contracts for the International Sale of Goods, EC Rome Convention on the Law Applicable to Contractual Obligations, and the Inter-American Convention on the Law Applicable to International Contracts. The scope …

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The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers Jan 1998

The Transboundary Movement Of Hazardous Waste A Comparative Analysis, Els Reynaers

LLM Theses and Essays

An analysis of the transboundary movement of hazardous waste requires a comparative examination of three main regulatory entities. First, the international Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal will be covered. More particularly, an inquiry of its raison d'etre, will be followed by a critical examination of its goals and mechanisms. The relationship the United States has with the Convention and its national approach towards the export of hazardous waste will be covered next. A brief investigation of the real situation impacts of the Basel Convention will finalize this chapter. The second …

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Grounded In Love: An Investigation Of The Fundamental Ignatian Teaching On Discernment Within The Tradition Of Askesis, Edward Horski Jan 1998

Grounded In Love: An Investigation Of The Fundamental Ignatian Teaching On Discernment Within The Tradition Of Askesis, Edward Horski

School of Theology and Seminary Graduate Papers/Theses

No abstract provided.

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Gloria Steinem At The Harvard Law Review Banquet, Ira C. Lupu Jan 1998

Gloria Steinem At The Harvard Law Review Banquet, Ira C. Lupu

GW Law Faculty Publications & Other Works

In the Spring of 1971, Gloria Steinem became the first woman to be the keynote speaker at the prestigious annual banquet of the Harvard Law Review. At that time, as an editor of the Review, I played an instigating part in the process that led to this controversial invitation. I attended the Banquet, and I paid close attention to the speech and its aftermath. In 1998, I decided to memorialize that experience in this essay, which frames the event in its cultural and political context – the rise of feminism, the Vietnam War, and American student radicalism, among other phenomena. …

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The Burdens Of Capability, Jean P. Peterson Jan 1998

The Burdens Of Capability, Jean P. Peterson

Department of Educational Studies Faculty Publications

I once specialized in counseling talented and gifted children. Before that, I taught these students in my high school English classes for many years, and they taught me about themselves through their writings and discussions. Motivated by what I had learned from my most memorably talented students, I began discussion groups for them when I became a "gifted education teacher" in the 1980s. I knew there was a need for affective support. I also knew that educators, coaches, and even parents sometimes forgot that these bright and complex students were more than just potential fulfillers of adults' dreams, more than …

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Enabling The Poor To Have Their Day In Court: The Sanctioning Of Contingency Fee Contracts, A History To 1940, Peter Karsten Jan 1998

Enabling The Poor To Have Their Day In Court: The Sanctioning Of Contingency Fee Contracts, A History To 1940, Peter Karsten

DePaul Law Review

No abstract provided.

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The History Of Contingency And The Contingency Of History, Stephan Landsman Jan 1998

The History Of Contingency And The Contingency Of History, Stephan Landsman

DePaul Law Review

No abstract provided.

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Contingency Fees In Mass Torts: Access, Risk, And The Provision Of Legal Services When Layers Of Lawyers Work For Individuals And Collectives Of Clients, Dennis E. Curtis, Judith Resnik Jan 1998

Contingency Fees In Mass Torts: Access, Risk, And The Provision Of Legal Services When Layers Of Lawyers Work For Individuals And Collectives Of Clients, Dennis E. Curtis, Judith Resnik

DePaul Law Review

No abstract provided.

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Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine Jan 1998

Mandatory Arbitration Of Employee Discrimination Claims: Unmitigated Evil Or Blessing In Disguise?, Theodore J. St. Antoine

Articles

One of the hottest current issues in employment law is the use of mandatory arbitration to resolve workplace disputes. Typically, an employer will make it a condition of employment that employees must agree to arbitrate any claims arising out of the job, including claims based on statutory rights against discrimination, instead of going to court. On the face of it, this is a brazen affront to public policy. Citizens are being deprived of the forum provided them by law. And indeed numerous scholars and public and private bodies have condemned the use of mandatory arbitration. Yet the insight of that …

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Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews Jan 1998

Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews

Seattle University Law Review

The focus of this Comment will be the 1993 amendment to Washington's general survival statute. In particular, the goal is to interpret how noneconomic damages for tortious death are to be treated under the new survival statute and to answer the question of what noneconomic damages are available to the victim's survivors. Because of Washington's complex statutory scheme, each of five potentially applicable statutes will be examined for available noneconomic damages, the survivability of these damages, the beneficiaries of the action, and possible duplication of damages. In answering these questions, this comment will also address the issue of survivability of …

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A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young Jan 1998

A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young

Seattle University Law Review

This Essay responds to a casebook review published in the previous annual Casebook Review issue.

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Casebooks And Constitutional Competency, David E. Engdahl Jan 1998

Casebooks And Constitutional Competency, David E. Engdahl

Seattle University Law Review

Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper …

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Mastering Modern Constitutional Law, Thomas E. Baker Jan 1998

Mastering Modern Constitutional Law, Thomas E. Baker

Seattle University Law Review

Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. There are several reasons for this thorough difficulty. First, it is not an exaggeration to say that the fate of the nation is often at stake in constitutional cases and controversies, and constitutional decisions have shaped our history as a people. Second, we Americans can lay claim to inventing the field, and we have been continuously preoccupied with reinventing it for more than two centuries of applied political philosophy. Third, the Supreme Court is one of the most fascinating institutions inside or …

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Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt Jan 1998

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.

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David C. Penn, David C. Penn Jan 1998

David C. Penn, David C. Penn

The House on 24th Avenue

The recollections of David C. Penn about his time at the Nashville Christian Institute.

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