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1994

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Full-Text Articles in Law

1994 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Nov 1994

1994 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff Nov 1994

Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Santa Clara Magazine, Volume 36 Number 4, Fall 1994, Santa Clara University Oct 1994

Santa Clara Magazine, Volume 36 Number 4, Fall 1994, Santa Clara University

Santa Clara Magazine

6 - THE MIND THIEF November is national Alzheimer's Disease Month, drawing attention to an illness that robs patients of their memories, their competence, sometimes their very personalities. By Maureen McInaney '85

12 - CREDIBILITY MAKES A DIFFERENCE A look at a key element of leadership: building trust. By James M. Kouzes and Barry Z. Posner

18 - PUTTING THE PIECES TOGETHER SCU's $125 million Challenge Campaign is transforming the University.

24 - NO PROBLEMO A racked-up knee, a forfeited football scholarship, an extra 50 pounds-no problemo. A work of short fiction. By Jan Maulhardt '90

28 - THE NUCLEAR …


True Blue? Whether Police Should Be Allowed To Use Trickery And Deception To Extract Confessions, Laure Hoffman Roppe Sep 1994

True Blue? Whether Police Should Be Allowed To Use Trickery And Deception To Extract Confessions, Laure Hoffman Roppe

San Diego Law Review

This Comment addresses whether or not, and if so, to what extent, police should be allowed to use trickery and deception to extract confessions from criminal suspects. It surveys the deceitful interrogation tactics included in the term "trickery" and summarizes the psychology of confessions. Major developments in the law regarding coerced confessions are analyzed and the author explores the policy arguments for and against the use of deception in police interrogations. The author recommends the prohibition of specific forms of trickery and offers an analytical approach as to whether a confession is admissible.


An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky Sep 1994

An Index And Table Of Contents To The Ali Reporters' Study On Enterprise Responsibility For Personal Injury, Jeffrey O'Connell, Alexander S. Glovsky

San Diego Law Review

In 1986, the American Law Institute (ALI) published a report to analyze and appraise the state of the tort system and to recommend reform. This study lacked crucial aids that could make it more accessible: it was devoid of any index and the table of contents did not contain any subheadings. The authors of this Article created an index and a comprehensive table of contents, in order to make the report more "user friendly." This Article contains a brief description of the 1986 ALI Reporter's Study, followed by an expanded table of contents and an index.


Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole Sep 1994

Deference, Tolerance, And Numbers: A Response To Professor Wright's View Of The Sentencing Commission, Kevin Cole

San Diego Law Review

The United States Sentencing Commission promulgates the Federal Sentencing Guidelines, which greatly constrain judicial discretion in choosing the sentence for federal crimes. One commentator, Professor Ronald Wright, has argued that the willingness of the courts and Congress to defer to a guideline promulgated by the Commission should depend on whether the Commission has justified the guideline by reference to empirical evidence. This Article explores the theoretical and practical difficulties of giving such effect to empirical justifications.


The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf Sep 1994

The Economics Of Federalism And The Proper Scope Of The Federal Commerce Power, Jacques Leboeuf

San Diego Law Review

The study of the economics of federalism has emerged as a distinct field. While the insights of that study have been applied in understanding the logic behind the dormant commerce clause, they have not been used in analyzing the affirmative scope of the federal commerce power. The author suggests that the economics of federalism can provide both a justification for and a limitation upon the federal commerce power. Specifically, he suggests that the federal government ought to be able to regulate only those areas of commerce where state regulation would be inefficient due to externalities. Furthermore, he argues, this conception …


Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff Sep 1994

Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger Sep 1994

Review Of: The Genetic Frontier: Ethics, Law, And Policy (Mark S. Frankel & Albert Teich Eds., American Association For The Advancement Of Science 1994), Suzanne A. Sprunger

RISK: Health, Safety & Environment (1990-2002)

Review of: The Genetic Frontier: Ethics, Law, and Policy (Mark S. Frankel & Albert Teich eds., American Association for the Advancement of Science 1994). Acknowledgments, appendix, contributors, figures, index, introduction, notes, references, tables. LC 93-37230, ISBN 0-87168-526-4. [260 pp. Paper $22.95. 1333 H St., NW, Washington DC 20005.]


Review Of: Richard 0. Gamble Ii, How To Reduce Professional Liability For Engineers And Architects, Erik C. Swanson Sep 1994

Review Of: Richard 0. Gamble Ii, How To Reduce Professional Liability For Engineers And Architects, Erik C. Swanson

RISK: Health, Safety & Environment (1990-2002)

Review of Richard 0. Gamble II, How to Reduce Professional Liability for Engineers and Architects (Noyes Data Corporation 1987) Foreword, references, index, table of cases. LC: 87-12256; ISBN: 0-8155-1128-0. [102 pp. Cloth $36.00. Mill Road, Park Ridge NJ 07656.]


Santa Clara Magazine, Volume 36 Number 3, Summer 1994, Santa Clara University Jul 1994

Santa Clara Magazine, Volume 36 Number 3, Summer 1994, Santa Clara University

Santa Clara Magazine

7 - JAMAICA: THE OTHER SIDE OF PARADISE Religious organizations work to relieve the misery in a nation that, for some, is a vacation wonderland. By Mitch Finley '73 Political and economic analysis by Dennis R. Gordon

12 - I'll SEE YOU IN ADR! More and more people with civil disputes are finding themselves in alternative dispute resolution. But is ADR always the consumer's best choice? By Julie Sly '82

20 - UP CLOSE: MARIO BELOTTI The SCU economics professor of 35 years has become internationally renowned through hard work and (he says) being in the right place at the …


Radical Resisters, David B. Lyons Jul 1994

Radical Resisters, David B. Lyons

Faculty Scholarship

In the early 1840s Henry David Thoreau stopped paying the Massachusetts poll tax. When pressed for payment in 1846, he invited arrest and went to jail. He had wanted to protest his state's complicity in the federal government's support of chattel slavery and its policies towards Native Americans. By the time he delivered his lecture on civil disobedience, in 1848, events had produced another cause. Thoreau also condemned this country's expansionist war against Mexico.


Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit Jun 1994

Duncan Energy V. Three Affiliated Tribes (1994), United States Court Of Appeals, Eighth Circuit

US Government Documents related to Indigenous Nations

This court case, decided on June 8, 1994, was the result of an appeal of an earlier decision made on September 28, 1992. This suit was initially filed by Duncan Energy (and others) who were operating oil and gas wells in the northeast quadrant of the Fort Berthold Reservation. They contended that the northeast quadrant of land was not part of the Reservation per the act of 1910 and as such they were not subject to taxation and employment ordinances set by the Three Affiliated Tribes. The 1992 ruling found that act of 1910 did not diminish the Reservation and …


Technical Corrections In Certain Indian Laws, United States Congress, Us House Of Representatives Apr 1994

Technical Corrections In Certain Indian Laws, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This United States (US) House report from the Committee on Natural Resources, dated April 19, 1994, was written to accompany US Senate Bill 1654 which proposed technical corrections to existing Indian laws. This report provides a background on US Senate Bill 1654 and proposes amendments. Among other corrections, the bill proposes to amend the White Earth Reservation Land Settlement Act of 1985 and to extend the allotted time for land transfers as written in the Three Affiliated Tribes and the Standing Rock Sioux Tribe Equitable Compensation Act. US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.


Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff Apr 1994

Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Santa Clara Magazine, Volume 36 Number 2, Spring 1994, Santa Clara University Apr 1994

Santa Clara Magazine, Volume 36 Number 2, Spring 1994, Santa Clara University

Santa Clara Magazine

8 - SACRED MIX A mystical marriage of indigenous culture and Christianity, El Santuario de Chimay6, the most popular pilgrimage site in the United States, has an inexplicable pull. By Martin L. Cook

11 - UP CLOSE: CARROLL WILLIAMS SCU's athletic director discusses his plans and hopes for the future of Santa Clara's sports program. Interview by Jim Young

16 - AS INDIVIDUALS AND AS ONE Working as a community of individuals toward a shared vision, we will create the great Catholic, Jesuit university of our dreams. By Paul Locatelli, S.J.

20 - PUTTING DIVERSITY TO WORK With one of …


Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins Apr 1994

Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden Mar 1994

Policing The Religious Airwaves: A Case Of Market Place Regulation, Jeffrey K. Hadden

Brigham Young University Journal of Public Law

No abstract provided.


Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff Feb 1994

Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Foundations Of The Duty To Rescue, Steven J. Heyman Feb 1994

Foundations Of The Duty To Rescue, Steven J. Heyman

All Faculty Scholarship

No abstract provided.


Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons Feb 1994

Narrative, Luck, And Ethics: The Role Of Chance In Ethical Encounters, In Literature And Real Life Experiences, Nona Lyons

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 9, 1993.


Human Rights In The Social Sciences, Erika Loerner Friedi Feb 1994

Human Rights In The Social Sciences, Erika Loerner Friedi

Center for the Study of Ethics in Society Papers

This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.


Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr. Jan 1994

Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …


In Slime And Darkness: The Metaphor Of Filth In Criminal Justice, Martha Grace Duncan Jan 1994

In Slime And Darkness: The Metaphor Of Filth In Criminal Justice, Martha Grace Duncan

Faculty Articles

An article such as this one, which seeks to examine the labyrinthine chains of meanings that we associate with illegal behavior, cries out for an interdisciplinary approach. Specifically, it demands a source that can reveal our unconscious as well as our conscious associations. Such a source is classical literature -- works of fiction that, by virtue of being read and loved through centuries and across continents, have proven their capacity to strike a responsive chord in their readers. Therefore, in Part II of this Article, I employ the classics, supplemented by occasional examples from contemporary fiction, history, and theology, to …


The Potter Collection Bibliography, Joseph H. Parys Jan 1994

The Potter Collection Bibliography, Joseph H. Parys

Library Archive

This annotated bibliography is designed as a guide to a compilation of speeches, reports, statutes and other documents relating to the Rhode Island Constitution of 1843 known as "The Potter Collection." The seven volume set consists of documents collected by Elisha R. Potter from 1786 to 1861 involving the constitutional development of Rhode Island during this time period.


Architect As Artist: Artists' Rights And Historic Preservation, Patty Gerstenblith Jan 1994

Architect As Artist: Artists' Rights And Historic Preservation, Patty Gerstenblith

College of Law Faculty

No abstract provided.


Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings Jan 1994

Beyond The Civil Rights Agenda For Blacks: Principles For The Pursuit Of Economic And Community Development, James Jennings

William Monroe Trotter Institute Publications

Over the last several decades, this country has experimented with economic development and social welfare strategies and programs molded by liberals and conservatives, and embodied in the policies and politics of both Republicans and Democrats at the national level. However, given the continuing social and economic crisis, and gaps between African Americans and whites, it seems the approaches of both liberals and conservatives have been inadequate. Due to the failure of current policy strategies, in terms of black living conditions, debate in the black community should move from disagreements between liberals and conservatives, or Democrats and Republicans, towards the question …


Digital Image Reproduction, Distribution And Protection: Legal Remedies And Industrywide Alternatives, Jonathan A. Franklin Jan 1994

Digital Image Reproduction, Distribution And Protection: Legal Remedies And Industrywide Alternatives, Jonathan A. Franklin

Librarians' Articles

Section II of this article describes the existing legal claims and remedies available to creators and distributors of stock photos who are confronted with the unauthorized use of their images. Section III discusses the alternatives to individual licensing and enforcement actions. After concluding that a centralized computer distribution and accounting system would best'serve the creators and distributors, section IV suggests how existing industry standards can help tailor the implementation of the collecting society model. Section V briefly discusses the international implications of such a distribution scheme, focusing on the problems of variable copyright terms and foreign collecting societies.

This article …


Slavery Rhetoric And The Abortion Debate, Debora Threedy Jan 1994

Slavery Rhetoric And The Abortion Debate, Debora Threedy

Michigan Journal of Gender & Law

There are many things that could be, and have been, said about the question of abortion. This article focuses on the rhetoric of the abortion debate. Specifically, I discuss how both sides of the abortion debate have appropriated the image of the slave and used that image as a rhetorical tool, a metaphor, in making legal arguments. Further, I examine the effectiveness of this metaphor as a rhetorical tool. Finally, I question the purposes behind this appropriation, and whether it reflects a lack of sensitivity to the racial content of the appropriated image.


Values, Pierre Schlag Jan 1994

Values, Pierre Schlag

Pierre Schlag

No abstract provided.