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2000

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Promotional Interactive Compact Disc, Arturo Maxwell Jan 2000

Promotional Interactive Compact Disc, Arturo Maxwell

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Commentary (Response To Article By H. David Rosenbloom), Reuven S. Avi-Yonah Jan 2000

Commentary (Response To Article By H. David Rosenbloom), Reuven S. Avi-Yonah

Articles

David Rosenbloom has delivered an important lecture on an important topic:' whether exploiting differences between the tax system of two different jurisdictions to minimize the taxes paid to either or both ("international tax arbitrage") is a problem, and if so, whether anything can be done about it in a world without a "world tax organization." As Rosenbloom states, international tax arbitrage is "the planning focus of the future,"2 and recently has been the focus of considerable discussion and debate (for example, upon the promulgation and subsequent withdrawal under fire of Notice 98-11).3 Rosenbloom's lecture is one of the first attempts …

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Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker Jan 2000

Private Remedies For Public Wrongs Under Section 5 (Symposium: New Directions In Federalism), Evan H. Caminker

Articles

The Supreme Court has ushered in the new millennium with a renewed emphasis on federalism-based limits to Congress's regulatory authority in general, and Congress's Section 5 power to enforce the Fourteenth Amendment in particular. In a recent string of cases, the Court has refined and narrowed Section 5's enforcement power in two significant ways.1 First, the Court made clear that Congress lacks the authority to interpret the scope of the Fourteenth Amendment's substantive provisions themselves, and may only "enforce" the judiciary's definition of Fourteenth Amendment violations. 2 Second, the Court embraced a relatively stringent requirement concerning the relationship between means …

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The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers Jan 2000

The Baker [Baker V. State, 744 A.2d 864 (Vt. 1999)] Case, Civil Unions, And The Recognition Of Our Common Humanity: An Introduction And A Speculation, David L. Chambers

Articles

Every. Vermonter seems to know about two recent decisions of the Vermont Supreme Court. In the first, the court struck down the system of local financing of public schools. Like similar decisions in many other states, the school financing case led to a struggle in the legislature and difficulties for legislators at election time. In the second and even more controversial decision, the court reached an outcome that no other state supreme court had ever reached: it held unconstitutional the state's marriage law on the ground that it inappropriately denied the legal benefits of marriage to same-sex couples. This decision, …

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Three Faces Of Private Property, Michael A. Heller Jan 2000

Three Faces Of Private Property, Michael A. Heller

Articles

Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …

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America As Pattern And Problem, Carl E. Schneider Jan 2000

America As Pattern And Problem, Carl E. Schneider

Articles

Since the days of Tocqueville, foreign observers have seen America as both a pattern and a problem. They still do, and in ways that illuminate the way law deals with bioethical issues both here and abroad. America was long exceptional in having a written constitution, in allowing its courts the power of judicial review, and in letting courts exercise that power to develop and enforce principles of human rights. Today, that pattern looks markedly less exceptional. After the Second World War, Germany and Japan were persuaded to adopt constitutions that included human rights provisions and that endowed courts with the …

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Linking The Visions, James Boyd White Jan 2000

Linking The Visions, James Boyd White

Articles

It is a major tendency of legal studies in our time to focus upon questions of general social policy, with argument centered on which theory or methodology ought to determine such matters. My own attention has been differently focused, on the nature and quality of legal thoughts itself, and of legal expression. It is to these matters that the work I do with the humanities – literature, classics, philosophy, and translation – many speaks.

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Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams Jan 2000

Michigan's Minority Graduates In Practice: Answers To Methodological Queries, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

Before making a few remarks in response to those who commented on our article (Lempert, Chambers, and Adams 2000), we would like to express our gratitude to the editors of Law and Social Inquiry for securing these commentaries and to the people who wrote them. The comments both highlight the potential uses to which our research and similar studies may be put and give us the opportunity to address methodological concerns and questions that other readers of our article may share with those who commented on it. The responses to our work are of two types. Professors Nelson, Payne, and …

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Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams Jan 2000

Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …

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Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick Jan 2000

Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick

Articles

America's troubled relationship with international law, in particular human rights law, is well documented. In many cases, the United States simply will not agree to be bound by international human rights treaties. For example, the United States has yet to ratify even such fundamental agreements as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on the Rights of the Child. When the United States does agree to become a party to an international human rights treaty, it has often sought to condition its acceptance …

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Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White Jan 2000

Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White

Articles

In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …

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Bye-Bye Bluebook?, Pamela Lysaght, Grace C. Tonner Jan 2000

Bye-Bye Bluebook?, Pamela Lysaght, Grace C. Tonner

Articles

In March 2000, Aspen Law & Business published a new citation manual, the ALWD Citation Manual-A Professional System of Citation.' Developed mostly as a "restatement of citation," the ALWD Citation Manual not only provides the legal academy with a text that simplifies teaching legal citation, but also provides judges and lawyers with a helpful desktop reference book. This article explains why a new citation manual was created and highlights some of its significant features?

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Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita Jan 2000

Sentimental Stereotypes: Emotional Expectations For High-And Low-Status Group Members, Larissa Z. Tiedens, Phoebe C. Ellsworth, Batja Mesquita

Articles

Three vignette studies examined stereotypes of the emotions associated with high- and low-status group members. In Study 1a, participants believed that in negative situations, high-status people feel more angry than sad or guilty and that low-status people feel more sad and guilty than angry. Study 1b showed that in response to positive outcomes, high-status people are expected to feel more pride and low-status people are expected to feel more appreciation. Study 2 showed that people also infer status from emotions: Angry and proud people are thought of as high status, whereas sad, guilty, and appreciative people are considered low status. …

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Sayings And Doings Of Zen Master Raven A Fable In Progress, Robert Aitken Jan 2000

Sayings And Doings Of Zen Master Raven A Fable In Progress, Robert Aitken

International Journal of Transpersonal Studies

NA

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Is The Mind In Search O F Itself?, Herbert Guenther Jan 2000

Is The Mind In Search O F Itself?, Herbert Guenther

International Journal of Transpersonal Studies

NA

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Brushing Up Against The Buddha, Marshall Arisman Jan 2000

Brushing Up Against The Buddha, Marshall Arisman

International Journal of Transpersonal Studies

NA

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Waiting For Circus Animals' Desertion A True Story Of A Cryptic Spiritual Zoo In The Rag-And-Bone Shop O F My Heart, T. R. Soidla Jan 2000

Waiting For Circus Animals' Desertion A True Story Of A Cryptic Spiritual Zoo In The Rag-And-Bone Shop O F My Heart, T. R. Soidla

International Journal of Transpersonal Studies

NA

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Carlos Jurado: Master Alchemist, Philippe L. Gross Jan 2000

Carlos Jurado: Master Alchemist, Philippe L. Gross

International Journal of Transpersonal Studies

NA

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The Castrati ("Skoptsy") Sect In Russia History, Teaching, And Religious Practice, Irina A. Tulpe, Evgeny A. Torchinov Jan 2000

The Castrati ("Skoptsy") Sect In Russia History, Teaching, And Religious Practice, Irina A. Tulpe, Evgeny A. Torchinov

International Journal of Transpersonal Studies

NA

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Seasons Of Love And Grief, Robert D. Romanyshyn Jan 2000

Seasons Of Love And Grief, Robert D. Romanyshyn

International Journal of Transpersonal Studies

NA

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The Healing Power Of Shamanism In Transpersonal Psychology, Manuel Almendro Jan 2000

The Healing Power Of Shamanism In Transpersonal Psychology, Manuel Almendro

International Journal of Transpersonal Studies

NA

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Identifying Spiritual Content In Reports From Ayahuasca Sessions, Stanley Krippner, Joseph Sulla Jan 2000

Identifying Spiritual Content In Reports From Ayahuasca Sessions, Stanley Krippner, Joseph Sulla

International Journal of Transpersonal Studies

NA

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A Model Ofexperiential Comparative Religion, Andrew Rawlinson Jan 2000

A Model Ofexperiential Comparative Religion, Andrew Rawlinson

International Journal of Transpersonal Studies

NA

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Cat Haiku, Dee Ito, Marshall Arisman Jan 2000

Cat Haiku, Dee Ito, Marshall Arisman

International Journal of Transpersonal Studies

NA

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The Universe Of Meanings, V. V. Nalimov, Jeanna Drogalina-Nalimov, K. Zuyev Jan 2000

The Universe Of Meanings, V. V. Nalimov, Jeanna Drogalina-Nalimov, K. Zuyev

International Journal of Transpersonal Studies

NA

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Arthur, Philippe L. Gross, V. Kessler Jan 2000

Arthur, Philippe L. Gross, V. Kessler

International Journal of Transpersonal Studies

NA

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Psychological And Spiritual Roots Of Transpersonal Psychology In Europe, Laura Boggio Gilot Jan 2000

Psychological And Spiritual Roots Of Transpersonal Psychology In Europe, Laura Boggio Gilot

International Journal of Transpersonal Studies

NA

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Towards A Quintessential Approach To Crisis And Disease: The Crossroads-Crossfire-Turning Point- Conflict Theory (Ccpc), Salvador Harguindey Jan 2000

Towards A Quintessential Approach To Crisis And Disease: The Crossroads-Crossfire-Turning Point- Conflict Theory (Ccpc), Salvador Harguindey

International Journal of Transpersonal Studies

NA

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Beyond Mind Steps To A Metatranspersonal Psychology, Elías Capriles Jan 2000

Beyond Mind Steps To A Metatranspersonal Psychology, Elías Capriles

International Journal of Transpersonal Studies

NA

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About Our Contributors, Philippe L. Gross, S. I. Shapiro Jan 2000

About Our Contributors, Philippe L. Gross, S. I. Shapiro

International Journal of Transpersonal Studies

NA

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