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1998

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About The Reviewers, Farms Review Jan 1998

About The Reviewers, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

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Fair Use And Privatization In Copyright, Stephen M. Mcjohn Jan 1998

Fair Use And Privatization In Copyright, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article argues for a broad conception of copyright's fair use doctrine. Economic reliance on property rules has led some to argue that fair use should be limited to cases where market failures do not permit licensing transactions. Otherwise, allocation of rights should be left to the market. This article takes the position that differences between real property and intellectual property undercut the application of the tragedy of the commons to the fair use setting. While real property is a limited resource, intellectual property is not. The same parcel of land may not support an unlimited number of grazing sheep. …

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Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson Jan 1998

Recommendations For An Environmentally Sound Federal Policy On Western Water, Reed D. Benson

Faculty Scholarship

The organizations and individuals who have produced this report have worked for years to promote environmentally sound federal policy and action with respect to water in the American West. The Western Water Policy Review Advisory Commission's (the "Commission") evaluation of these issues presents an excellent opportunity to address long-standing concerns. We believe the Commission can help advance federal policy to promote sustainable use, management and protection of western waters. We begin with a brief look at current water problems in the West from our perspective. We then identify four general priorities for the federal government: taking steps toward restoring more …

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Strengthening What Remains, Christine Zuni Cruz Jan 1998

Strengthening What Remains, Christine Zuni Cruz

Faculty Scholarship

This paper is intended to encourage discussion and stimulate action and thought as well as to support the ongoing work in tribal courts in this area. We are involved in an ongoing process of developing an indigenous body of law and system of justice. We must pay particular attention to how we are going about the development of our court systems and look closely at what is developing. Incorporating customary law, whether wholly or partially, into our developing legal systems makes them truly unique to our individual tribes and reflective of the concepts we, as Indian people, have of law …

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Cover And Contents Jan 1998

Cover And Contents

Turkish Journal of Zoology

No abstract provided.

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Le Monoxyde De Carbone (Co) Et Les Chariots Élévateurs Au Propane : Y A-T-Il Un Problème? Oui, Pierre Bouliane, France Perron, Brigitte Roberge Jan 1998

Le Monoxyde De Carbone (Co) Et Les Chariots Élévateurs Au Propane : Y A-T-Il Un Problème? Oui, Pierre Bouliane, France Perron, Brigitte Roberge

Fiches

No abstract provided.

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Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman Jan 1998

Vicarious Liabiliy For Sexual Assault: The Two New Tests For Scope Of Employment In B.(P.A.) V. Curry And T.(G.) V. Griffiths, Sheila Wildeman

Dalhousie Journal of Legal Studies

Recently, Canadian courts have been divided on the issue of whether or in what conditions vicarious liability may be assigned for an employee's act of sexual assault. In particular, the controversy has focused upon the issue of the proper test for gauging whether a sexual assault may be deemed to have been committed within the scope of employment. The most radical new approach to scope of employment in the context of sexual assault has been that of the B.C. Court of Appeal in the case B.(P.A.) v. Curry and its companion judgment T.(G.) v. Griffiths. In B.(P.A.), the B.C. Court …

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Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston Jan 1998

Swimming Against A Legal Current: A Critical Analysis Of The Pacific Salmon Treaty, Brent R.H. Johnston

Dalhousie Journal of Legal Studies

The 1985 Pacific Salmon Treaty between the United States and Canada was intended to establish ongoing cooperative management of the west coast salmon stocks. In recent years, however, disputes over Pacific salmon have recurred, and relations between the parties have become increasingly acrimonious. This paper critically reviews the Pacific Salmon Treaty and identifies aspects of the Treaty which tend to frustrate cooperative relations. From this analysis, it is concluded that concerns over long-term resource conservation and short-term resource allocation are poorly reconciled under the Treaty. Finally recommendations far improving the bilateral salmon management effort are outlined. *** Le Traité sur …

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Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward Jan 1998

Mandatory Indeterminate Sentences Under Dangerous Offender Legislation, Jennifer J. Soward

Dalhousie Journal of Legal Studies

On September 17, 1996, Allan Rock, Minister of Justice and Attorney General of Canada, and Herb Grey, Solicitor General of Canada, announced "tough new measures" to deal with dangerous offenders. These measures were introduced in Bill C-55, which received Royal Assent on April 15, 1997. The following comment focuses on only one significant change to the dangerous offender legislation. As part of these measures, the new section 753(4) of the Criminal Code removes a judge's discretion to award a determinate sentence once an accused is found to be a dangerous offender. This discretionary power is which existed in the former …

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Implementation Of The 1996 Hazardous And Noxious Substances Convention: A Few Short Steps To Canadian Law, John Macdonald Jan 1998

Implementation Of The 1996 Hazardous And Noxious Substances Convention: A Few Short Steps To Canadian Law, John Macdonald

Dalhousie Journal of Legal Studies

Far more destructive than oil spills are spills of other hazardous and noxious substances (collectively "hazardous substances"). This is a comment on the International Convention on Liability and Compensation for Damage in Connection with the Carriage o f Hazardous and Noxious Substances by Sea, 1996. It is an international convention to apportion liability and facilitate compensation for victims of hazardous substances which was passed by the International Maritime Organization on May 1996. Canada became a signatory to the Convention on September 9, 1997. This comment will examine the history of the development of the HNS Convention, including the difficulties encountered …

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The Journalist's Legal Guide, Third Edition, Arnold Ceballos Jan 1998

The Journalist's Legal Guide, Third Edition, Arnold Ceballos

Dalhousie Journal of Legal Studies

Book review of The Journalist's Legal Guide, Third Edition by Michael G. Crawford and published by Carswell (Scarborough, Ont.), 1996. (380 pp.)

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The Criminal Jury Trial In Canada, Second Edition, Brent R.H. Johnston Jan 1998

The Criminal Jury Trial In Canada, Second Edition, Brent R.H. Johnston

Dalhousie Journal of Legal Studies

Book review of The Criminal Jury Trial in Canada, Second Edition by Christopher Granger and published by Carswell (Toronto), 1996. (358 pp.)

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Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn Jan 1998

Law And Language: An Empirically-Based Model For The Opening Moments Of Client Interviews, Gay Gellhorn

Clinical Law Review

This paper presents a model for lawyer-client interaction in the opening moments of an initial encounter. The model is derived from empirical data- videotaped and transcribed law student-client and attorney-client first interviews- which demonstrate that clients reveal critical self-information in their opening words, regardless of when those words occur and regardless of the legal interviewer's role in eliciting them. This information usually is not acknowledged by legal interviewers, with negative consequences. Failure to hear and see affects the legal interviewer's ability to form a relationship with a client, to comprehend the full range of information the client needs to share, …

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What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow Jan 1998

What If There Is No Client: Prosecutors As Counselors Of Crime Victims, Stacy Caplow

Clinical Law Review

As a teacher in a criminal practice-based clinic, I often feel like an eavesdropper on the discourse among clinicians about lawyering skills and professional values. Both the context of, and the language describing, criminal law practice, are sufficiently different from civil practice to make it difficult to teach many of the lessons and approaches developed in traditional texts used in clinical education, particularly those concerned with client-counseling. The dissonance between the sounds heard in a criminal and civil practice was loud when I was teaching a criminal defense clinic. When I moved on to teach an in-house prosecutor's clinic, the …

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Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin Jan 1998

Creating True Believers: Putting Macro Theory Into Practice, Minna J. Kotkin

Clinical Law Review

In 1986, Robert Condlin published an article, now somewhat notorious in clinical circles, entitled "Tastes Great, Less Filling": The Law School Clinic and Political Critique. There he attacked in-house clinical programs for failing to provide a political critique of lawyering. Political critique, he suggested, requires a critical theory, defined as "views on the nature of a fair and just legal system and the role of lawyer practices in operating and improving it." The paramount goal of clinical instruction is such critique, and without it, clinics "will remain relegated to training tasks not considered important enough over the long run by …

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Responding To The Value Imperative: Learning To Create Value In The Attorney-Client Relationship, Kenneth R. Margolis Jan 1998

Responding To The Value Imperative: Learning To Create Value In The Attorney-Client Relationship, Kenneth R. Margolis

Clinical Law Review

There is widespread agreement that law schools cannot do everything necessary to prepare students for the competent practice of law. Perhaps law schools are best suited to concentrate on basic legal skills and knowledge building a foundation for the more advanced skills and knowledge that every lawyer must possess in order to represent clients effectively. Even in clinical programs, there are limits to what can be taught to novice practitioners. How to relate to clients, basic factual investigation, fundamental legal research, how to prepare a simple statement to the court, how to plan for a negotiation - let alone the …

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Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes Jan 1998

Flexible Paradigms And Slim Course Design: Initiating A Professional Approach To Learning Advocacy Skills, Marcus Soanes

Clinical Law Review

Professional training programs in England seek to prepare students for a life-long journey of development in the world of practice. The aim is high, the students have much to learn and the tutors have a lot to teach. Many decisions have to be made about course content and the structure, form and method of the educational program. As part of the planning strategy the course designers have to ask themselves and others fundamental questions about the nature of the legal profession and the role of the lawyer in society. The answers to two such fundamental questions have influenced the way …

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Understanding Casablanca: A Values-Based Approach To Legal Negotiations, Roy Stuckey Jan 1998

Understanding Casablanca: A Values-Based Approach To Legal Negotiations, Roy Stuckey

Clinical Law Review

The central thesis of this Article is that each party's desire to attain personal happiness underlies all decisions in negotiations. While this paradigm does not resolve all of the uncertainties about negotiations, it does provide a simple reference point that can help us understand what the parties to a negotiation want, expect, and are willing to accept. It can also help us develop and employ effective strategies and tactics. The objective of all negotiators is to obtain satisfactory outcomes. As lawyers, we have a professional responsibility to try to maximize our clients' satisfaction with the results of negotiations. This requires …

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Coherence And Incoherence In Values-Talk, Paul R. Tremblay Jan 1998

Coherence And Incoherence In Values-Talk, Paul R. Tremblay

Clinical Law Review

The theme of the 1998 Conference of the Clinical Section of the Association of American Law Schools, held in Portland, Oregon, was "values"- what values law professors hold, how they might differ from those of their students, whether it is appropriate to "teach" about values, whether it is even possible not to teach about them, how to discuss values in a non-threatening fashion, whether some values might simply be wrong, and so forth. Important questions, generating productive conversation and debate, to the deep satisfaction, from all signs, of the participants, who are not known to be uncritical of such conferences …

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Clients' And Students' Stories: Avoiding Exploitation And Complying With The Law To Produce Scholarship With Integrity, Nina W. Tarr Jan 1998

Clients' And Students' Stories: Avoiding Exploitation And Complying With The Law To Produce Scholarship With Integrity, Nina W. Tarr

Clinical Law Review

The students sit in the clinic shaking their heads over their client's situation. The professor joins in the discussion and some other students gather around to hear the story, to add their comments and to assist in developing strategy. The next day, the professor listens while the students counsel the client who tells them some additional facts and looks worried. They step into the courtroom where the opposing counsel and judge waltz through the proceedings like old dance partners while the students make an excellent effort to keep up. On the way back to the law school, the professor and …

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A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear Jan 1998

A Review Of Federal Sentencing Treatises And Periodicals, Michael M. O'Hear

Faculty Publications

No abstract provided.

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The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes Jan 1998

The First Amendment In Its Third Century: Three Wisconsin Pieces To The Constitutional Puzzle, Peter K. Rofes

Faculty Publications

No abstract provided.

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Submission Of The Clinical Legal Education Association To The Supreme Court Of The State Of Louisiana Concerning The Review Of The Supreme Court's Student Practice Rule, Suzanne J. Levitt, Kim O'Leary, Barbara Bucholtz, Mark J. Heyrman Jan 1998

Submission Of The Clinical Legal Education Association To The Supreme Court Of The State Of Louisiana Concerning The Review Of The Supreme Court's Student Practice Rule, Suzanne J. Levitt, Kim O'Leary, Barbara Bucholtz, Mark J. Heyrman

Clinical Law Review

Although the history of modern clinical education is generally traced only to the 1960's, in fact, clinical education has its roots in the apprenticeship system of the late 1800's. The apprenticeship system, however, had serious drawbacks and, by the 1930's, legal educators were proposing that law schools develop in-house clinical programs. In clinics, students could work on real cases under the supervision of an attorney/teacher. The idea, in a nutshell, was to provide a place for students to practice their skills while preparing them to deal with the association between law and facts, client interactions and, importantly, to assist them …

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Living In The Palaces Of Love: Love And The Soul In A Vision Of St. Aldegund Of Maubeuge (Ca. 635–684), Isabel Moreira Jan 1998

Living In The Palaces Of Love: Love And The Soul In A Vision Of St. Aldegund Of Maubeuge (Ca. 635–684), Isabel Moreira

Quidditas

Abbess Aldegund of Maubeuge, in dictating her visions to the cleric Subnius in her later years, recalled a vision she had experienced in her youth. She saw herself entering a heavenly mansion, richly bejeweled and "steeped" with Christ's "sweet odor." The vision had made a great impression on her. She accredited it with having matured her spiritual understanding, for having first misunderstood the vision's meaning, she now understood it, "the scales having fallen from her eyes." Yet as historians we are not as fortunate as Aldegund claimed to be. Many centuries removed from the events of the seventh century, the …

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The Book Of Margery Kempe: Religious Discourse And The Carnivalesque Woman, Kathryn Summers Jan 1998

The Book Of Margery Kempe: Religious Discourse And The Carnivalesque Woman, Kathryn Summers

Quidditas

Both during her lifetime and since the full manuscript of her forceful autobiography was discovered, no one has quite known what to do with Margery Kempe. Even her staunchest contemporary supporters occasionally lost patience with her or worried that they had inadvertently allied themselves with the wrong side in the divine conflict. Margery followed all the conventional Christian forms: she passed repeated ecclesiastical trials for orthodoxy with flying colors; she went on all the right pilgrimages; she said numberless prayers and took countless communions; even her crying fits and most of her visions have been shown to reflect the experiences …

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Allen D. Breck Award Winner (1998): "The City's Usuries": Commerce And Cymbeline, Goran V. Stanivukovic Jan 1998

Allen D. Breck Award Winner (1998): "The City's Usuries": Commerce And Cymbeline, Goran V. Stanivukovic

Quidditas

Scholarship on early modern masculinity and male sexuality has not considered Cymbeline at any great length. Yet Cymbeline is jammed with men embroiled with the difficulties of the quest for national identity, a quest connected with the complications of shaping man's erotic identity. In Cymbeline the construction of masculinity depends upon one man's measuring of himself against another man, for example, Posthumus against Iachimo, Cloten against Posthumus; of one male community against another, of Romans against Britons. It has been a traditional tendency of gender-oriented criticism to interpret male subjectivity in Cymbeline as part of the process of forging British …

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The Politics Of Mtv: Beneficial Or Inimical?, Linsey Rae Sommers Jan 1998

The Politics Of Mtv: Beneficial Or Inimical?, Linsey Rae Sommers

Sigma: Journal of Political and International Studies

No abstract provided.

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In Their Own Words: Newspaper Soundbite Lenths In The 1956 And 1996 Presidential Elections, Brian Blake Jan 1998

In Their Own Words: Newspaper Soundbite Lenths In The 1956 And 1996 Presidential Elections, Brian Blake

Sigma: Journal of Political and International Studies

No abstract provided.

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The Limits Of National Diversity: The Origins And Future Of The Modern Corporation, Kristine Grigorian, Michael Murff, Robert Shull Jan 1998

The Limits Of National Diversity: The Origins And Future Of The Modern Corporation, Kristine Grigorian, Michael Murff, Robert Shull

Sigma: Journal of Political and International Studies

No abstract provided.

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Vol. 16, Pi Sigma Alpha Review, Pi Sigma Alpha Review Jan 1998

Vol. 16, Pi Sigma Alpha Review, Pi Sigma Alpha Review

Sigma: Journal of Political and International Studies

No abstract provided.

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