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Articles 1 - 28 of 28

Full-Text Articles in Law

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins Dec 2000

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller Oct 2000

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Articles in Law Reviews & Other Academic Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.


Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith Apr 2000

Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith

Articles in Law Reviews & Other Academic Journals

Consider the following scenario. A plaintiff is injured in a devastating automobile accident and a jury finds the other driver negligent. As a result of that driver's negligence, the plaintiff is now a quadriplegic. The jury, after careful deliberation and calculation, awards $4.5 million to the plaintiff consisting of both economic damages for past and future medical expenses, as well as non-economic damages for pain and suffering and loss of enjoyment of life. Now consider a similar scenario. The plaintiff is a patient who is injured during a low-risk surgical procedure and a jury finds the surgeon negligent. As a …


The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson Mar 2000

The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …


The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson Jan 2000

The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i Jan 2000

The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …


Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff Jan 2000

Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i Jan 2000

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …


Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll Jan 2000

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón Jan 2000

The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Imprint Of Kosovo On International Law, Diane Orentlicher Jan 2000

The Imprint Of Kosovo On International Law, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Building The World Community: Challenges For Legal Education, Claudio Grossman Jan 2000

Building The World Community: Challenges For Legal Education, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman Jan 2000

Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice Jan 2000

The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson Jan 2000

Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …


Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker Jan 2000

Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


“The Possibility Of A Beloved Place”: Residents And Placemaking In Public Housing Communities., Susan Bennett Jan 2000

“The Possibility Of A Beloved Place”: Residents And Placemaking In Public Housing Communities., Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley Jan 2000

Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley

Articles in Law Reviews & Other Academic Journals

It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …


The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck Jan 2000

The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.


Reflections On Being A Law School Dean In An Interconnected World, Claudio Grossman Jan 2000

Reflections On Being A Law School Dean In An Interconnected World, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

After reaching a certain level of momentum, a law school can pretty much run itself. Even in the absence of leadership, the law school will continue to function as it has in the past; students will come each year, and classes will be held. A sort of inertia results, in which nothing changes; things continue as they always have. Inertia is a dangerous thing in education, and it is the responsibility of the law school's dean to prevent it. A law school dean is charged with contributing to the development of a vision that will guide the law school in …


Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff Jan 2000

Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …


The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson Jan 2000

The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Resolving Tensions Between Copyright And The Internet, Walter Effross Jan 2000

Resolving Tensions Between Copyright And The Internet, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams Jan 2000

The Norm Of Justice And The Negotiation Of The Rambouillet/Paris Peace Accords, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel Jan 2000

The Bill Of Rights And The Constitution: Facing The Challenge Of The Future, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Symposium: Antitrust At The Millennium (Part I), Jonathan Baker Jan 2000

Symposium: Antitrust At The Millennium (Part I), Jonathan Baker

Articles in Law Reviews & Other Academic Journals

To commemorate the new millennium, the Antitrust Law Journal commissioned essays from a diverse group of antitrust specialists-legal academics, practitioners, and economists. The authors were asked to take a decision or other significant text from antitrust's past and use it as a springboard to discuss some important aspect of antitrust's future. The results of this unique publishing project will be printed in two parts, the first half in Volume 68, Issue 1 (this issue) and the second half in Volume 68, Issue 3 (later this year).


Foundational Myths And The Reality Of Dependency: The Role Of Marriage, Ann Shalleck Jan 2000

Foundational Myths And The Reality Of Dependency: The Role Of Marriage, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes Jan 2000

Reconciling Amnesties With Universal Jurisdiction, Juan E. Mendez, Garth Meintjes

Articles in Law Reviews & Other Academic Journals

No abstract provided.