Law Commons^™

Policy Considerations In Using Nuclear Weapons, Stephen J. Hadley

Duke Journal of Comparative & International Law

No abstract provided.

Tax Avoidance By Citizens Of The Russian Federation: Will The Draft Tax Code Provide A Solution?, Jennifer L. Franklin

Duke Journal of Comparative & International Law

No abstract provided.

Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James

Duke Journal of Comparative & International Law

No abstract provided.

Before The Morning After, Graham T. Allison

Duke Journal of Comparative & International Law

No abstract provided.

Nuclear Weapons Free Zones: Time For A Fresh Look, Mark E. Rosen

Duke Journal of Comparative & International Law

No abstract provided.

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …

Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer

William & Mary Law Review

No abstract provided.

Three Versions Of Tax Reform, Alvin C. Warren Jr.

William & Mary Law Review

No abstract provided.

"Derelicts," Recurring Misfortune, Economic Hard Times And Lifestyle Choices: Judicial Images Of Homeless Litigants And Implications For Legal Advocates, Wes Daniels

Buffalo Law Review

No abstract provided.

"Cinderella" Services In The Nhs Internal Market:Does Contracting Make A Difference?, David Hughes, Siobhan Mcclelland, Lesley Griffiths

Dalhousie Law Journal

This paper examines the impact of the NHS internal market reforms on an aspect of equity in the British system that features little in recent policy commentary: the allocation of resources between acute services for the entire population and nonacute services for the elderly, the mentally ill, and the disabled (the so-called "Cinderella" services). The authors' research on health planning and contracting in the NHS in Wales suggests that patterns of services have remained largely unchanged, and that pressures in the reformed system, such as the Patient's Charter initiative, prevent any major reallocation of resources away from the acute sector. …

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Eli Lilly & Co. V. American Cyanamid Co.: A "Patent Case" Of Dangerous Dicta In The Federal Circuit?, Nancy J. Flint

University of Miami Law Review

No abstract provided.

Capture Theory And The Courts: 1967-1983, Thomas W. Merrill

Chicago-Kent Law Review

No abstract provided.

In Search Of Universality, Equity, Comprehensivenessand Competition: Health Care Reform And Managedcompetition In Israel, Carmel Shalev, David Chinitz

Dalhousie Law Journal

Israel's ongoing health reform provides lessons regarding attempts to combine universal coverage under national health insurance with a version of managed competition. Based on principles of 'justice, equality and mutual aid," Israel's National Health Insurance Law, 1994 guarantees access to a broad basket of basic services to be provided by four competing sick funds, and the availability of resources adequate to finance the basket. The new rights of citizens to universal coverage and to move freely among sick funds constituted a major policy breakthrough. However, successive amendments to the Law reflect continuing controversy over the amount of resources required to …

The U.S. Epa Administrator's Assessment Of Civil Penalties: A Review Of The Sources Of Authority And The Administrator's Regulations, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

The Field Citation Program Under The Clean Air Act: Can Epa Apply It To Federal Facilities?, Kevin J. Luster

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Circuit Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The Fourth Circuit Summary provides a summary of prevailing environmental decisions decided by the United States Court of Appeals for the Fourth Circuit since the last issue of the William and Mary Environmental Law and Policy Review. It does not cover every environmental decision of the Fourth Circuit during that time period, but only those cases which the editors believe to be of the most interest to the subscribers.

Commentary On The Limits Of Compensation And Deterrence In Legal Remedies, William T. Allen

Law and Contemporary Problems

Allen comments on papers written by James Cox and Deborah DeMott regarding the deterrence of corporate misconduct. He examines the limits of compensation and deterrence as legal remedies.

Reforming The Private Sector’S Role In Deterring Corporate Misconduct, Stanley Sporkin

Law and Contemporary Problems

Sporkin discusses how the private sector has often had to fend for itself when it comes to deterring corporate misconduct.

Labor And The Supreme Court: Review Of The 1996-1997 Term, Keith N. Hylton

Faculty Scholarship

The U.S. Supreme Court's 1996-1997 Term will surely not be remembered among lawyers for its decisions in the employment area. Most of these decisions involved narrow questions of statutory interpretation, and for the most part the Court has handed down opinions consistent with existing case law. There was not one National Labor Relations Act (NLRA) decision this Term and the two employment discrimination cases involved fairly technical issues of statutory interpretation. The feeling of a quiet year is put across by simply reading the statutes at issue other than Title VII: the Federal Employers' Liability Act (FELA) (one case), the …

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Publications

The first area of discussion is the structure of each government system. This analysis not only sets the legal framework for later analysis, but demonstrates how both Israel and Iran have brought religion into the very fabric of their legal institutions.The second area of analysis in Part II focuses on the principles of sovereignty and constitutional interpretation utilized by each State. Familiarity with these concepts is necessary in order to learn which religious principles, if any, are incorporated into each nation's general legal environment. These principles, which are implicitly understood by members of the society, are often unstated in judicial …

Deterrence Of Corporate Fraud Through Securities Litigation: The Role Of Institutional Investors, Keith L. Johnson

Law and Contemporary Problems

Johnson suggests that institutions are uniquely positioned to enhance the deterrence function of securities litigation without undermining the compensation goal.

Borders (En)Gendered: Normativities, Latinas, And A Latcrit Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, developed in a prologue and three parts, adopts Latinas'/os' world traveling as a metaphor for Latina/o multidimensionality and as a springboard for LatCrit theorizing. The Prologue is a brief diary entry of unfin de semana viajando mundos - a weekend of actual traveling between New York and Miami; law and familia; profesora and learner; colleague and hija; español and English; norte y sur; normativa and other; indigenous and alien. This abbreviated record of a Latina's life reveals, exposes, and unveils Latinas'/os' daily crossdressing simply by virtue of their latinidad. This Prologue thus serves as a concrete backdrop for …

Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay, an expansion of remarks delivered at the LatCrit I Conference -- the first conference ever convened to discuss and explore critical legal thought from a Latina/o perspective -- develops a basis for articulating a LatCrit theory. As the introductory section, "LatCrit: The Voice for Latina/o Narratives" sets out, Latinas/os are a diverse community, whose identity components -- race, sex, ethnicity, language, and sexuality to name a few of the pertinent ones -- are indivisible yet diverse and varied. Such diversity, to date, has not allowed for a cohesive Latina/o theoretical model to be articulated. Rather, it has been …

Diversity: The Red Herring Of Equal Protection, Sharon E. Rush

UF Law Faculty Publications

Couching the constitutional inquiry in cases like Bakke and VMI in the context of integration also puts in perspective the diversity justification. Affirmative action policies are constitutional because they integrate state programs. Integration on the basis of race and sex also diversifies state programs. In contrast, attempts to justify sex-segregation in state programs by arguing the policy promotes diversity is irrelevant to an equal protection analysis. Voluntarily created all-female schools should be constitutional because they promote the equal citizenship of women without damaging the equal citizenship stature of men. This is true for voluntarily race-segregated programs for minorities; as well. …

Note, Moving Ground, Breaking Traditions: Tasha’S Chronicle, Angela Onwuachi-Willig

Faculty Scholarship

This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.

Clark Memorandum: Fall 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Where Art Thou? (Marlin K. Jensen)
• A Song to Sing (James D. Gordon, III)
• We Are to Love God and Our Neighbors (H. Reese Hansen)

Addressing The Cloud Over Employee References: A Survey Of Recently Enacted State Legislation, Alex B. Long

William & Mary Law Review

No abstract provided.

A Politics Of Intellectual Property: Environmentalism For The Net?, James Boyle

Duke Law Journal

This Essay argues that we need a politics, or perhaps a political economy, of intellectual property. Using the controversy over copyright on the Internet as a case study and the history of the environmental movement as a comparison, it offers a couple of modest proposals about what such a politics might look like-what theoretical ideas it might draw upon, and what constituencies it might unite.

Symbolic Statues And Real Laws: The Pathologies Of The Antiterrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Mark Tushnet, Larry Yackle

Duke Law Journal

Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences. The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …