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1999

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Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse Jan 1999

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

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Proposal For A Small Business Development Center On The Fort Belknap Reservation, Eleanor Yellowrobe Jan 1999

Proposal For A Small Business Development Center On The Fort Belknap Reservation, Eleanor Yellowrobe

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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To Sing Of Egrets: Water Use Culture And Conflict On Montana's Bitterroot River, Katherine S. Deuel Jan 1999

To Sing Of Egrets: Water Use Culture And Conflict On Montana's Bitterroot River, Katherine S. Deuel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Martin Matuŝtík And Merold Westphal, Eds., Kierkegaard And Post/Modernity, Elizabeth Murray Morelli Jan 1999

Martin Matuŝtík And Merold Westphal, Eds., Kierkegaard And Post/Modernity, Elizabeth Murray Morelli

Faith and Philosophy: Journal of the Society of Christian Philosophers

No abstract provided.

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Revisiting Victim's Rights, Lynne Henderson Jan 1999

Revisiting Victim's Rights, Lynne Henderson

Utah Law Review

In a 1982 referendum, the voters of California approved Proposition 8-the first state "victim's rights" amendment-revising a number, of provisions of the California Constitution. I wrote The Wrongs of Victim's Rights in response to that referendum and the Reagan Administration's Task Force on Victims of Crime Final Report. At the time I wrote the article, I had recently been a victim of a violent rape committed by a burglar; I had had two friends murdered in separate killings; and I knew others who had had family members killed, as well as many friends who were victims of other crimes. I …

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A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson Jan 1999

A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson

Faculty Articles

The authors, themselves writing advisors at The John Marshall Law School and Seattle University School of Law respectively, have recently surveyed both Directors of Legal Writing and Writing Advisors across the country to learn more about the phenomena of Writing Advisors in law schools. This article will report the results of that survey. First, however, the authors will give a brief history of the events surrounding the arrival of Writing Advisors at law schools, including the rise of the writing-across-the-curriculum (WAC) movement, and then they will describe how these events set the stage for Writing Advisors at law schools. Second, …

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Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud Jan 1999

Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud

Faculty Articles

This review essay critically interrogates the discourse and practice of development. It is argued that models of alternative development remain imprisoned in the ontological categories of the development project, an ideological and institutional devise to consolidate the hegemony of the West over the rest. Finally, a framework to explore alternatives to development is suggested.

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The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton Jan 1999

The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton

Faculty Articles

Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.

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Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell Jan 1999

Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell

Faculty Articles

Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …

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Imperatives, Normativity, And The Law, Gregory Silverman Jan 1999

Imperatives, Normativity, And The Law, Gregory Silverman

Faculty Articles

In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …

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Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen Jan 1999

Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen

Faculty Articles

This article has two purposes; the first is to assess the value of certification requirements by describing their operation in foreign affairs legislation and by accounting for their use and the controversies that attend them. The second purpose of this article is to suggest ways to minimize the costs of certification requirements. The findings are presented in four sections. The author begins by sketching the features of certification requirements in current legislation. Next, the author discusses the constitutional background out of which these requirements arise. Then, in what forms the greater part of this article, the author describes and evaluates …

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Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang Jan 1999

Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang

Faculty Articles

Professor Robert Chang reviews Professor Eric Yamamoto’s Interracial Justice: Conflict And Reconciliation In Post-Civil Rights America. Professor Chang illustrates the analytic framework in Interracial Justice that shows us some of the ingredients necessary for a successful resolution. This book is the culmination of several years of activist lawyering and academic writing. In his book, Professor Yamamoto shares the lessons he has learned as an advocate and law professor.

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Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon Jan 1999

Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon

Faculty Articles

In this introduction, Professors Margaret Chon and Keith Aoki situate both Professor Yamamoto's work and the articles that respond to it. They also follow Yamamoto's advice and "perform" critical race praxis as it might relate to legal education and legal scholarship. Thus, the latter part of this introduction takes the form of an epistolary exchange, culled loosely from various e-mail messages between Professors Aoki and Chon. It is intended (in both form and content) to illustrate how conceptual tools that Yamamoto provides can be used to address the intergroup racial justice issues that permeate law schools.

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Power Of Negativity In The Wastelands Of T. S. Eliot And Samuel Beckett: A Study Of Absence In The Waste Land And Endgame, Dennis Hockman Jan 1999

Power Of Negativity In The Wastelands Of T. S. Eliot And Samuel Beckett: A Study Of Absence In The Waste Land And Endgame, Dennis Hockman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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So Close To Falling| The Removal Of Hydroelectric Dams On The Elwha And Kennebec Rivers, Rachel D. Wray Jan 1999

So Close To Falling| The Removal Of Hydroelectric Dams On The Elwha And Kennebec Rivers, Rachel D. Wray

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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The Octofoil, January/February 1999, Ninth Infantry Division Association Jan 1999

The Octofoil, January/February 1999, 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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The Distributive Foundation Of Corrective Justice, Hanoch Dagan Jan 1999

The Distributive Foundation Of Corrective Justice, Hanoch Dagan

Michigan Law Review

There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …

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Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni Jan 1999

Echoes From The Hill, Southwestern Oklahoma State University Office Of Institutional Advancement And Alumni

Echoes from the Hill

No abstract provided.

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China's Bid To The Wto— Hidtory Task Needs Joint Efforts, Lei Du Jan 1999

China's Bid To The Wto— Hidtory Task Needs Joint Efforts, Lei Du

LLM Theses and Essays

As one of the three international institutions formed in the aftermath of the Second World War constituted the postwar world economic order, the GATT was an international treaty with its central mission promoting free trade among the contracting parties. During the forty-seven years of its existence (1947-1994), the GATT provided a legal framework within which most international trades were conducted. On January 1, 1995, the WTO was established in accordance with the results of the Uruguay Round of Multilateral Negotiations under the auspices of the GATT. The replacement of the GATT by an institutional body, the WTO, ushered in a …

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Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi Jan 1999

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

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Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina Jan 1999

Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina

LLM Theses and Essays

For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …

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Trade Liberalization: A Study Of The Agricultural Trade Policies Of The United States And European Community And Its Effect On Developing Countries (Africa), Andrea Osei-Nsafoah Jan 1999

Trade Liberalization: A Study Of The Agricultural Trade Policies Of The United States And European Community And Its Effect On Developing Countries (Africa), Andrea Osei-Nsafoah

LLM Theses and Essays

The purpose of this thesis is to study the various protectionist policies of the European Union and the United States and to ascertain its effect on developing countries. The focus of the thesis will be from the perspective of the Agreement of the World Trade Organization. In the course of this thesis, I will deduce that protectionism has limited the advancement of trade in agriculture and the fundamental principles of the General Agreement on Tariffs and Trade have often been disregarded. While the thesis proposes free trade it does not propose the abolition of all barriers to trade since this …

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Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk Jan 1999

Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk

LLM Theses and Essays

This thesis will focus on the experience of those developing countries whose FEZs have been regarded as successful in attracting foreign investment and creating a suitable environment for the activity of zone-based foreign enterprises. Furthermore, it will examine the major aspects of FEZ operations and legal and economic strategies of host countries. Chapter I will concentrate on issues relating to foreign investment, types of attitudes towards foreign investment and their relationship with investment policies of host countries and the role of legal systems in attracting foreign investment. Chapter II will provide an overview of various types and characteristics of FEZs, …

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Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou Jan 1999

Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou

LLM Theses and Essays

In the past twenty years, the Chinese government has been adopting open door and economic reform policies. Because of historical, economic, legal, and cultural traditions, a modern corporation system is far from being established in China. There are lots of things that need to do to establish a perfect corporate system. This thesis reviews diverse interpretations of the function of poison pills in light of recent judicial decisions and underlying empirical evidence. It also reviews recent judicial decisions regarding the new version of poison and dead hand pill. The author discusses the recent trend of by-law restrictions in an attempt …

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International Cooperative Enforcement Agreements And Antitrust Extraterritoriality In The 21st Century, Basil Dominic Udotai Jan 1999

International Cooperative Enforcement Agreements And Antitrust Extraterritoriality In The 21st Century, Basil Dominic Udotai

LLM Theses and Essays

It is the focus of this thesis to critically evaluate the cooperative enforcement option proffered by the US authorities with a view to judging its attractiveness to other nations and its adequacy in solving problems posed by extraterritoriality in today's highly liberalized economy. In this regard, we shall see that the various models of cooperative enforcement arrangements adopted within the United States have failed to result in productive bilateral cooperation. This is due in large part, to the commitment of individual countries to satisfying national interests over cooperative obligations arising under the agreements. Because of these insufficiencies, the thesis reiterates …

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The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt Jan 1999

The Legal Status Of Teachers: A Comparative Study Between The System In The United States And The System In Belgium., Hildegard Ann Schmidt

LLM Theses and Essays

The legal status of the teacher refers to his life both inside and outside the classroom. The most obvious part of his job is teaching, which consists of the passing of knowledge to his students. Yet before he enters the classroom, there are issues to be resolved. For instance, the nature of the employment contract must be determined. Since job security is a substantial matter, the teacher needs to know whether the employment contract is at will. If it is not an at-will contract, the reasons for dismissal should be clearly established. The teacher also will be concerned about the …

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Bulletin 1999-2000, Seattle University School Of Law Jan 1999

Bulletin 1999-2000, Seattle University School Of Law

Viewbooks

No abstract provided.

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An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross Jan 1999

An Emerging Right For Mature Minors To Receive Information, Catherine J. Ross

GW Law Faculty Publications & Other Works

This article argues that parental objections should not be allowed to block minors from accessing information from government agencies, including schools and libraries. This is particularly important when a mature minor seeks information that is essential to meaningful decisions about the exercise of autonomy rights that are constitutionally protected for teenagers, such as reproductive rights including the right to contraception and abortion. The right to receive information is also implicated where minors seek information to facilitate emerging identity choices that may conflict with those of their parents, such as religion and reliance on medical care. Part I analyzes the nature, …

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School-Based Juvenile Boot Camps: Evaluating Specialized Treatment And Rehabilitation (Star), Chad R. Trulson, Ruth Triplett Jan 1999

School-Based Juvenile Boot Camps: Evaluating Specialized Treatment And Rehabilitation (Star), Chad R. Trulson, Ruth Triplett

Sociology & Criminal Justice Faculty Publications

Implemented in Montgomery County, Texas, STAR deviates from traditional boot camps in a variety of ways. The program is closely coupled with school jurisdictions, the juvenile court, and correctional authorities. In addition, the program is non-residential and serves status, misdemeanor, and felony juvenile offenders and mandates parental participation. STAR was initiated to address several goals: enable individuals to remain in school while reducing their disruptive behavior, use school expulsion as a last resort, improve the academic performance of participants, coordinate a joint effort between juvenile authorities and school jurisdictions, instill a sense of pride and discipline in participants, and reduce …

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Uniformly Antisymmetric Function With Bounded Range, Krzysztof Ciesielski Jan 1999

Uniformly Antisymmetric Function With Bounded Range, Krzysztof Ciesielski

Faculty & Staff Scholarship

The goal of this note is to construct a uniformly antisymmetric function f : R → R with a bounded countable range. This answers Problem 1(b) of Ciesielski and Larson [6]. (See also the list of problems in Thomson [9] and Problem 2(b) from Ciesielski’s survey [5].) A problem of existence of uniformly antisymmetric function f : R → R with finite range remains open.

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