Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2002

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 13951 - 13980 of 17913

Full-Text Articles in Entire DC Network

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell Jan 2002

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

Go to article

Teaching Tips From The Lotus Sutra, John W. Teeter Jr Jan 2002

Teaching Tips From The Lotus Sutra, John W. Teeter Jr

Faculty Articles

The Lotus Sutra reveals that everyone has the potential for unlimited spiritual growth and each of us should aspire to be a bodhisattva; one who assists others on the road to enlightenment. Applying ancient Buddhist tenets to the law school classroom, the Lotus Sutra exhorts professors to challenge and befriend their students through the use of “expedient means” inspired by Buddhist thought. The poetic beauty and idealism of the Lotus Sutra transcend denominational differences to inspire the way we conceptualize legal education and the professorial mission.

Go to article

The Uniform Trust Code (2000) And Its Application To Ohio, David M. English Jan 2002

The Uniform Trust Code (2000) And Its Application To Ohio, David M. English

Faculty Publications

This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported cases

Go to article

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer Jan 2002

Product Liability: A Commentary On The Liability Of Suppliers Of Component Parts And Raw Materials, David A. Fischer

Faculty Publications

The liability of suppliers of raw materials and component parts for harm caused by the product into which the materials have been incorporated poses difficult questions. When the raw material or component part is clearly defective, there is no question that the supplier is liable. Thus, where an ingredient in processed food is contaminated or where a truck tire has a flaw that causes a blowout, the supplier of the ingredient or the tire is liable. The difficult questions arise where the components are not inherently defective, but the finished product is defective because it lacks a safety feature or …

Go to article

The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr. Jan 2002

The Role Of Jury In Modern Malpractice Law, Philip G. Peters Jr.

Faculty Publications

This article explores the policy issues raised by the choice between a custom-based standard of care and a jury-determined reasonability standard. The author examines not only traditional legal arguments but also the recent findings of cognitive psychology, jury performance studies, and health industry research. Not surprisingly, this analysis reveals that both options are imperfect. However, the author cautiously recommends the reasonable physician standard. The revolutionary transformation of the health care industry in last quarter of a century has transferred considerable power from physicians to the health insurance industry, an industry that has not yet earned the privilege of self-regulation. Unlike …

Go to article

Of Mushrooms And Nullifiers: Rules Of Evidence And The American Jury, Stephan Landsman Jan 2002

Of Mushrooms And Nullifiers: Rules Of Evidence And The American Jury, Stephan Landsman

Saint Louis University Public Law Review

No abstract provided.

Go to article

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin Jan 2002

The Smart Growth Agenda: A Snapshot Of State Activity At The Turn Of The Century, Patricia E. Salkin

Saint Louis University Public Law Review

No abstract provided.

Go to article

The Divorce Case: Supervisory Teaching And Learning In Clinical Legal Education, Paulette J. Williams Jan 2002

The Divorce Case: Supervisory Teaching And Learning In Clinical Legal Education, Paulette J. Williams

Saint Louis University Public Law Review

No abstract provided.

Go to article

The Oregon Death With Dignity Act: Reversal Of The Department Of Justice’S Position On Physician Assisted Suicide And The Ensuing Court Battle, Richard J. Brumbaugh Jan 2002

The Oregon Death With Dignity Act: Reversal Of The Department Of Justice’S Position On Physician Assisted Suicide And The Ensuing Court Battle, Richard J. Brumbaugh

Saint Louis University Public Law Review

No abstract provided.

Go to article

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon Jan 2002

The Precautionary Principle: Development Of An International Standard, Sonia Boutillon

Michigan Journal of International Law

This Note characterizes and evaluates the current status of the precautionary principle in international law and suggests how it could be more effectively incorporated into bodies of law such as trade law. Much of the literature focuses on whether the principle is a legal rule. This Note shows that precaution need not necessarily fit into the traditional categories of international legal sources' but may derive its legal force from being interpreted as a standard. While the theme-and thesis-of this Note will strike some as provocative, it will appear as an understatement to others, thereby reflecting the ongoing controversy about the …

Go to article

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth Jan 2002

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

Go to article

(Dis)Embedded Women, Rhoda E. Howard-Hassmann Jan 2002

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

Go to article

Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary P. Byrn Jan 2002

Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary P. Byrn

Faculty Scholarship

The South African Constitution is unlike any other in the world in terms of its inclusion of sexual orientation. The Constitutional Court has taken a clear position in interpreting the Bill of Rights and implementing its goal of protecting individuals and groups from discrimination. The Sodomy, Immigration, and Spousal Benefits Cases demonstrate that the Constitutional Court recognizes that homosexuals have a Constitutional right to equality, human dignity, and privacy, and that the Court is willing to protect gays and lesbians from discrimination and social prejudice.

Section I of this Note will discuss some of the key provisions of the South …

Go to article

Americans With Disabilities Act: Rehabilitating Congressional Intent, The;Legislative Reform, Beth Collins Jan 2002

Americans With Disabilities Act: Rehabilitating Congressional Intent, The;Legislative Reform, Beth Collins

Journal of Legislation

No abstract provided.

Go to article

Driving While Distracted: How Should Legislators Regulate Cell Phone Use Behind The Wheel;Note, Dusty Horwitt Jan 2002

Driving While Distracted: How Should Legislators Regulate Cell Phone Use Behind The Wheel;Note, Dusty Horwitt

Journal of Legislation

No abstract provided.

Go to article

2002 Agricola, Arkansas Tech University Jan 2002

2002 Agricola, Arkansas Tech University

ATU Agricola Collection (Yearbooks)

This is the 2002 yearbook of Arkansas Tech University.

Go to article

Kitty Hawk And Beyond: The Wright Brothers And The Early Years Of Aviation: A Photographic History, Ronald R. Geibert, Patrick B. Nolan Jan 2002

Kitty Hawk And Beyond: The Wright Brothers And The Early Years Of Aviation: A Photographic History, Ronald R. Geibert, Patrick B. Nolan

Books Authored by Wright State Faculty/Staff

This handsomely illustrated book tells the story of two twentieth-century heroes who fashioned from the raw materials of ingenuity and ambition a legacy that will live forever in aviation history. Aided by over 100 rarely seen photographs from the Wright brothers' personal collection, the authors tell the story of Wilbur and Orville Wright: how they went from operating a printing shop and bicycle store in Dayton, Ohio, to ushering in the Age of Flight; why Kitty Hawk, North Carolina, was chosen as the site of their initial experiments; and how Orville made the crucial discovery that led to man's first …

Go to article

Wright State University Men's And Women's Swimming And Diving Media Guide 2002-2003, Wright State University Athletics Jan 2002

Wright State University Men's And Women's Swimming And Diving Media Guide 2002-2003, Wright State University Athletics

Athletics Publications

A media guide for Wright State University's 2002-2003 Swimming and Diving team. This guide includes photographs, player stats, game results, and records.

Go to article

Celebrating The Life Of Joseph C. Andrews, 2002, Black Faculty And Staff Association Jan 2002

Celebrating The Life Of Joseph C. Andrews, 2002, Black Faculty And Staff Association

BFSA Collection - Textual Materials

No abstract provided.

Go to article

Something To Have At Heart: Another Look At Memorization, Gina Briefs-Elgin Jan 2002

Something To Have At Heart: Another Look At Memorization, Gina Briefs-Elgin

The Journal of the Assembly for Expanded Perspectives on Learning

After tracing the history of learning by heart, this essay explores its advantages and suggest that we restore this time-honored practice which can enrich our students' relationships with words and books and empower their personal lives.

Go to article

Umm Telephone Extensions 2002-03, University Of Minnesota, Morris Jan 2002

Umm Telephone Extensions 2002-03, University Of Minnesota, Morris

UMN Morris Directories

No abstract provided.

Go to article

January 2002, Buffalo Belles Jan 2002

January 2002, Buffalo Belles

Buffalo Belles Newsletters

No abstract provided.

Go to article

Sm 601 602 603 Exl Supervised Ministries Handbook, Asbury Theological Seminary Jan 2002

Sm 601 602 603 Exl Supervised Ministries Handbook, Asbury Theological Seminary

Syllabi

GENERAL GOALS: 1. Integrate theological academic disciplines and ministry experience in order to form a comprehensive competence in the work of ministry. 2. Enable interaction between academic theological knowledge and contextual life situations from the perspective of the theology, function, mission and ministry of the Church.

Go to article

Co 730 Advanced Issues In Cross-Cultural Counseling, Tapiwa N. Mucherera Jan 2002

Co 730 Advanced Issues In Cross-Cultural Counseling, Tapiwa N. Mucherera

Syllabi

(1) Fukuyama, M., & Sevig Todd D., Integrating Spirituality into Multicultural Counseling. London: Thousand Oaks, 1999. (2) Pedersen, Paul et al. Counseling Across Cultures. California: Sage Publications, 1996 (3) Sue and Sue, Counseling the Culturally Different New York: John Wiley & Sons, 1990. (4) Mucherera, Tapiwa N. Pastoral Care From a Third World Perspective: A Pastoral Theology of Care from an Urban Contemporary Shona in Zimbabwe New York: Peter Lang, 2001

Go to article

2002-2003 Risd Course Announcement, Risd Registrar's Office, Risd Archives Jan 2002

2002-2003 Risd Course Announcement, Risd Registrar's Office, Risd Archives

RISD Course Catalogs / Announcements

No abstract provided.

Go to article

The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley Jan 2002

The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley

UIC Review of Intellectual Property Law

To succeed at the CAFC, the advocate must succeed in three stages of appeal. The first stage of appeal is actually the stage of proceedings in the trial court. The trial court proceedings are the first stage of appeal because in the absence of correct advocacy in the trial court, there is no opportunity for appeal. The action in the trial court need not be the success of winning at trial. It must, however, at least be the success of preserving issues for appeal – preserving critical error that cannot be remedied at the trial level. In the second stage …

Go to article

Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen Jan 2002

Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen

UIC Review of Intellectual Property Law

The problem of combating copyright infringement increases tenfold when considered in light of today’s global and digital environment. As more authors seek copyright protection, others seek to get around it by evading jurisdictional reach. The Council of Europe has developed the world’s first International Convention on Cybercrime, which incorporates harsh substantive copyright provisions but neglects to include effective enforcement protocols. This Comment proposes that the United States not rush to adopt the Council of Europe’s Convention, but rather seek a more definitive and effective solution in a singularly-focused agreement on intellectual property rights in a global economic context.

Go to article

The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii Jan 2002

The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii

UIC Review of Intellectual Property Law

Case law in the area of patent infringement has held that patent infringement cannot occur in the course of an insured's advertising activities as a matter of law. In 1996, the United States added “offer to sell” as one of the enumerated offenses of direct patent infringement to 35 U.S.C. §271(a). Since that time, there has been little deviation or fluctuation from the above mentioned principle, especially in litigation where a patentee’s search for insurance coverage from their CGL policies “Adverting Injury” provision. This Comment discusses the necessity of the court system to reexamine the modification to 35 U.S.C. §271(a), …

Go to article

The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio Jan 2002

The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio

UIC Review of Intellectual Property Law

A Symposium on Intellectual Property Co-Sponsored by The Woodrow Wilson Center. Featuring the remarks of Scott A. Brown, J.D.; Q. Todd Dickinson, J.D.; Stephen P.A. Fodor, Ph.D.; Justin Gillis; Hon. Lee H. Hamilton; Eric S. Lander, Ph.D.; and Pilar Ossorio, Ph.D., J.D.

Go to article

An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman Jan 2002

An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman

UIC Review of Intellectual Property Law

No abstract provided.

Go to article

First Prev Next Last