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Articles 12181 - 12210 of 14181

Full-Text Articles in Law

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.


Recent Trends In The Organization Of Legal Services, Frederick H. Zemans Jan 1996

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.


Culture And Mediation: A Red Herring, Cynthia A. Savage Jan 1996

Culture And Mediation: A Red Herring, Cynthia A. Savage

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams Jan 1996

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Michigan Journal of Gender & Law

The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different from …


The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna Jan 1996

The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.


Taking Responsibility: Law's Relation To Justice And D'Amato's Deconstructive Practice, Arthur J. Jacobson Jan 1996

Taking Responsibility: Law's Relation To Justice And D'Amato's Deconstructive Practice, Arthur J. Jacobson

Articles

The Essay challenges the conventional view of law's relationship with justice by defending the indeterminacy thesis, arguing that law enhances the opportunity for taking responsibility, contrary to the usual perspective that sees justice as liability and law as defining liability. It critiques both D'Amato's belief in absolute justice and Derrida's assignment of determinacy to law, asserting that both underestimate law's capacity for justice. The Essay distinguishes between assigned and taken responsibility, advocating for a dynamic conception of law that aligns with substantive justice.


Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …


Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn Jan 1996

Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn

Michigan Journal of Gender & Law

This Article asks whether the "reasonable woman" should become the standard for women seeking relief from tax liabilities under the innocent spouse provision of the I.R.C. and whether an even more specific standard should be adopted for women who are also going through divorce or are in similar situations.


Review Essay: Interrogating Identity, Mary I. Coombs Jan 1996

Review Essay: Interrogating Identity, Mary I. Coombs

Articles

No abstract provided.


Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski Jan 1996

Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski

Seattle University Law Review

Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …


The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr Jan 1996

The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr

Faculty Works

No abstract provided.


Juror Empathy And Race, Douglas O. Linder Jan 1996

Juror Empathy And Race, Douglas O. Linder

Faculty Works

No abstract provided.


Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr. Jan 1996

Texas Private Real Property Rights Preservation Act: A Political Solution To The Regulatory Takings Problem Comment., George E. Grimes Jr.

St. Mary's Law Journal

Increasing environmental regulation has resulted in an antiregulation backlash and the growth of a property rights movement. Unable to successfully use the courts to protect private property from diminution in value due to government regulations, property rights advocates have looked to the federal and state legislatures for assistance. This has led to some states and the United States Congress to introduce private property rights protection. This protection generally takes one of two forms. The first requires the government to assess the possible effect on property rights before enacting regulations. The second requires the government to compensate property owners for the …


A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White Jan 1996

A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White

Other Publications

The editors of the Journal invited me to review James Boyd White's Acts of Hope. In response I proposed inviting Professor White to join me in a conversation about his work. First the editors and then he accepted the proposal. Professor White and I agreed that we might call a halt to this experiment at any time because we would not subvert our friendship in the attempt to enact an instance of it in print. The editors accepted the risk that we might at last have no pages for them. - MSB


The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams Jan 1996

The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams

St. Mary's Law Journal

Periods of rapid industrial growth and environmental degradation in the United States-Mexico Borderlands have historically coincided with negative shifts in Mexico’s economy. The Mexican economic crisis of 1982 sparked burgeoning growth in the maquiladora industry, with plants in the Borderlands increasing at a rate of fifteen percent per year. Due to the Mexican economic crisis of the mid-1990s, renewed industrial expansion and environmental degradation is once again expected. The maquiladora program is frequently used to identify cooperative industrial efforts between the United States and Mexico. The term refers to an assembly process in which twin plants operate on opposite sides …


Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho Jan 1996

Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho

St. Mary's Law Journal

Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …


The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault Jan 1996

The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault

Faculty Scholarship

Local government boundaries play an important role in the governance of metropolitan areas by defining local electorates and tax bases and the scope of local regulatory powers and service responsibilities. Yet, the close association of local powers with local boundaries generates spillovers, fiscal disparities, and interlocal conflicts. Real local autonomy is constrained but the local government system fails to provide a means for addressing regional problems. Public choice theorists and political decentralizationists oppose regional governments because of the threat to local autonomy that would result from removing powers from local hands. Richard Briffault's solution to the metropolitan governance problem is …


The Trouble With Hairdressers, Donald J. Herzog Jan 1996

The Trouble With Hairdressers, Donald J. Herzog

Articles

Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.


Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French Jan 1996

Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French

Book Reviews

Reviewing Martha Minow et al. eds., Narrative, Violence, and the Law: The Essays of Robert Cover (1992); Robin West, Narrative, Authority, and Law (1993); and Lila Abu-Lughod, Writing Women’s Worlds: Bedouin Stories (1992).


The Human Genome Project And The End Of Insurance, Roberta M. Berry Jan 1996

The Human Genome Project And The End Of Insurance, Roberta M. Berry

University of Florida Journal of Law & Public Policy

No abstract provided.


Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo Jan 1996

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.


Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico Jan 1996

Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico

University of Florida Journal of Law & Public Policy

No abstract provided.


The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites Jan 1996

The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites

University of Florida Journal of Law & Public Policy

No abstract provided.


Race Discourse And Proposition 187, John Sw Park Jan 1996

Race Discourse And Proposition 187, John Sw Park

Michigan Journal of Race and Law

Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …


Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza Jan 1996

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Michigan Journal of International Law

This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …


Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk Jan 1996

Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk

Law Faculty Articles and Essays

In recent years, defendants have proffered a multitude of novel theories of criminal defense in seeking to explain their criminal behavior in terms of internal and external influences beyond their control, including biological processes, chemical reactions, intra-psychic dynamics, social conditions, and cross cultural stresses. This Article focuses on one subset of this burgeoning class of defenses: those based upon the central premise that the defendant's criminal conduct was caused, or significantly influenced, by his exposure to social environmental factors or, if you will, toxins affecting his mental functioning. While a wide panoply of toxins exist within the fabric of our …


Race-Ing Legal Ethics, Anthony V. Alfieri Jan 1996

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.


Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc Jan 1996

Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc

IFC E&S Performance Standards

No abstract provided.


An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall Jan 1996

An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall

Fordham Urban Law Journal

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.


Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey Jan 1996

Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey

Faculty Publications By Year

No abstract provided.