Law Commons^™

The Lobbyist No. 20 (December 1997), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Equal Justice Volume 2 No. 1, Political Science/Pre-Law Association Of Touro College

Yearbooks and Newsletters

"News as it was meant to be." A Publication of the Political Science/Pre-Law Association of Touro College.

The Political Economy Of The Bankruptcy Reform Act Of 1978, Eric A. Posner

Michigan Law Review

These are the goals of this article. In particular, this article analyzes the legislative history of the Bankruptcy Reform Act of 19783 and related materials, in the hope of describing the influence of interest groups on the final statute. It has, of course, long been assumed that certain narrow provisions of the 1978 Act reflect the influence of interest groups - for example, the section that gives special protection to security and lease interests in aircraft. This article goes farther and argues that fundamental elements of the 1978 Act reflect political compromises among competing interest groups. In particular, I claim …

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …

The Lobbyist No. 19 (August 1997), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Legislative Heart And Phase Transitions: An Exploratory Study Of Congress And Minority Interests, Vincent Di Lorenzo

William & Mary Law Review

No abstract provided.

The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey

American University Law Review

No abstract provided.

Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck

Articles in Law Reviews & Other Academic Journals

In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.

The American Corporation In The Twenty-First Century, Marleen A. O'Connor, George Triantis, Mark Roe, Ronald J. Gilson, Jeffrey N. Gordon

University of Richmond Law Review Symposium

"Opportunistic Downsizing of Senior Workers: Exploring the Fiduciary/Contract Distinction to Enforce Implicit Employment Agreements" lecture given by Marleen A. O'Connor, Professor of Law at Stetson College.

"The Motivational Implications of Debt Financing" lecture given by George Triantis, Nicholas E. Chimicles Research Professor of Business Law and Regulation at the University of Virginia and the Director of the John M. Olin Program in Law and Economics.

"Political Backlash and the Corporation" lecture given by Mark Roe, Professor of Law at Columbia University and Director of the Columbia Law School Sloan Project on Corporate Governance.

"Venture Capital and the Structure of Capital …

The Lobbyist No. 18 (February 1997), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Congress, The Courts, And The Long Range Plan , Patrick E. Longan

American University Law Review

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Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Kenneth Anderson

Book Review Of Law And Politics: A Cross-Cultural Encyclopedia, James S. Heller

Library Staff Publications

No abstract provided.

Commentary [Symposium: Politicians On Judges: Fair Criticism Or Intimidation], Susan Herman

Faculty Scholarship

No abstract provided.

Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman

Reviews

John Anthony Maltese has written a genial book on a subject of enormous importance and enduring interest-presidential selection and senatorial consideration of Supreme Court nominees. Readers new to this field will find The Selling of Supreme Court Nominees a helpful introduction to it. Those more familiar with it will not find much that is surprising.

The Fallacy Of Neutrality: Diary Of An Election Observer, Jeanne M. Woods

Michigan Journal of International Law

Neutrality is one of many conceptual fictions of liberal discourse. A legal fiction is "contrived by the law" to facilitate adjudication of issues. Such fictions may serve as symbols, to make abstract concepts tangible or, they may be myths designed to promote some normative principle or goal. The problem arises when these fictions cease to be recognized as inventions, or as "presumptions about reality," and are believed to have an independent existence in reality. Then, they "purport to provide us with an objective and impersonal criterion, but they do not." According to the philosopher Alasdair MacIntyre, a fiction is "a …

Judicial Review As A Tool For The Safeguard Of Human Rights: Prospects And Problems Of The U.S. Model In Malawi, Janet Laura Banda

LLM Theses and Essays

Judicial review is a judicial action that involves the review of an inferior legislative or executive act for conformity with a higher legal norm, with the possibility that the inferior norm may be invalidated or suspended if necessary. Although judicial review has been explicitly provided for in some written post-independence African constitutions, such review has not developed into a significant principle of African juridical democracy. This lack of development can be attributed to the emergence of dictatorships in the post-colonial era. However, Malawi’s weak judiciary system was remedied by the 1994 Constitution which gave the Malawian judiciary a central position, …

Press Law Debate In Kenya: Ethics As Political Power, David N. Dixon

Communication Educator Scholarship

Journalists in many African countries have long been caught between differing ideals i n their relationship between press and government. Two models vie for dominance-the western, libertarian and development journalism models. This article uses Walzer's (1983) theory of distributive justice to illuminate the ethical significance of this debate. A t issue is political power. A case study of the 1996 proposed press law i n Kenya illustrates the ethical arguments mounted for each press model and how the arguments are marshaled not necessarily for moral purposes but to gain political advantage. Finally, a viable third alternative avoids a false dilemma …

The "Chief Executive" And The Quiet Constitutional Revolution, Cynthia R. Farina

Cornell Law Faculty Publications

Book Review, S. James Anaya

Publications

No abstract provided.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Reinventing Government: The Promise Of Comparative Institutional Choice And Government Created Corporations, Nancy J. Knauer

Nancy J. Knauer

This Article focuses on a subset of private/public partnerships - those that involve relationships between the public sector and charitable organizations, specifically "government created charitable organizations" (GCCOs). For example, the first President Bush, known as the "Education President," championed the creation of the New American Schools Development Corporation (NASDC) as the cornerstone of his education policy. Designed as an independent charitable organization, the NASDC's proposed budget relied on private corporate contributions. In this way, the federal government could assert that it would fund its new educational program without increasing the federal bureaucracy, raising taxes, or cutting other budget items. To …

Searching For A Coherent National Policy: The Problem Of Foreign Money In United States Politics, Celeste M. Murphy

Buffalo Journal of International Law

No abstract provided.

The Role Of The World Bank In Controlling Corruption, Susan Rose-Ackerman

Philip A. Hart Memorial Lecture

In 1997, Professor of Law and Political Science, Susan Rose-Ackerman of Yale University, delivered the Georgetown Law Center’s seventeenth Annual Philip A. Hart Memorial Lecture: "The World Bank’s Role in Controlling Corruption."

Susan Rose-Ackerman is Henry R. Luce Professor of Law and Political Science, Yale University, and Co-director of the Law School’s Center for Law, Economics, and Public Policy. She holds a Ph.D. in economics from Yale University and has held fellowships from the Guggenheim Foundation and the Fullbright Commission. She was a visiting Research Fellow at the World Bank in 1995-96 where she did research on corruption and economic …

Transitional Jurisprudence: The Role Of Law In Political Transformation., Ruti Teitel

Articles & Chapters

No abstract provided.

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Law Of The Jubilee In Modern Perspective, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Law And The Coming Environmental Catastrophe, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Roundtable Discussion: Visions For The Future, Daniel L. Greenberg (Moderator), Anthony V. Alfieri, Michelle Adams, Edgar S. Cahn, Jennifer Gordon, Luis Garden Acosta, Alan W. Houseman, Errol G. Louis, Esmerelda Simmons, David A. Thomas

Articles

No abstract provided.