Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 48

Full-Text Articles in Law

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French Jul 1995

The Cosmology Of Law In Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.


Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis Jun 1995

Justice William Johnson And The History Of Supreme Court Dissent, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder Apr 1995

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …


In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall Jan 1995

In Re American Waste: A Clumsy Expansion Of The Right To Litigate Environmental Issues, Keith B. Hall

Journal Articles

No abstract provided.


Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson Jan 1995

Semantic Cover For Age Discrimination: Twilight Of The Adea, Judith J. Johnson

Journal Articles

In 1967, Congress recognized that the number of displaced older people in the workforce was growing, due in large part to the problems older people were encountering in finding new jobs once displaced from a job of many years. In these times of corporate downsizing, older workers are particularly vulnerable to bearing the brunt of workforce reductions due to the fact that they are often "paid a little more because they have been with the company a little longer." As a result, since 1967 older workers have been protected from discrimination based on their age by the Age Discrimination in …


Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett Jan 1995

Taking The Employer's Gun And Bargaining About Returning It: A Reply To "A Law, Economic, And Negotiations Approach" To Striker Replacement Law, William Corbett

Journal Articles

No abstract provided.


The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol Jan 1995

The Fifth Auxiliary Right (Book Review), Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Law And Endangered Species: Is Survival Alone Cause For Celebration?, John Henry Schlegel Jan 1995

Law And Endangered Species: Is Survival Alone Cause For Celebration?, John Henry Schlegel

Journal Articles

No abstract provided.


The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua Jan 1995

The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua

Journal Articles

No abstract provided.


War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell Jan 1995

War Crimes And Other Human Rights Abuses In The Former Yugoslavia, Robert T. Mounts, Jeffrey L. Bleich, Doug Cassell

Journal Articles

Mr. Cassel: Today, the world is witnessing in Europe the first genocide in half a century. Unfortunately, everyone has failed to date to do much about it. Everyone has seen it so often in the papers and on the television in the last two years, that it sounds almost banal at this point to repeat it. History, sociology and the law can get pretty dry. One of the things that the report of the U.N. Commission of Experts on Violations of International Humanitarian Law in the Former Yugoslavia attempted to do was to give all this a human face. This …


Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le Jan 1995

Are Litigating Attorneys Debt Collectors Under The Federal Fair Debt Collection Practices Act?, Tang Thi Thanh Trai Le

Journal Articles

In 1986 Congress amended the Fair Debt Collection Practices Act to include attorneys under the definition of debt collector. Now the Supreme Court is asked to determine if the law applies to attorneys suing debtors on behalf of clients, not just when they conduct debt-collection activities.

If the Supreme Court affirms the decision of the Seventh Circuit, thus finding for Jenkins, attorneys who litigate cases involving collection of debts may find themselves subject to liability for communications with the consumer or the consumer's attorney regarding the litigation. Furthermore, these attorneys would face personal liability for any violations of the Act …


An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick Jan 1995

An Independent Contractor Speaks His Mind: Can He Lose His Government Contract? An Analysis Of Heiser V. Umbehr, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Heiser v. Umbehr, 515 U.S. 1172 (1995). The author expected the Court to consider whether, and to what extent, a governmental unit can take into account an independent contractor's poltical speech in making decisions regarding the award or termination of government contracts.


Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule Jan 1995

Introduction: The Ancient Roots Of Modern Forfeiture Law, Jimmy Gurule

Journal Articles

Civil forfeiture is one of the most potent weapons available to prosecutors in the “war on drugs” and against traditional organized crime. Unlike criminal forfeiture it is in rem and based on a legal fiction that property used in violation of law must be held responsible for harm that it has caused. The conceptual underpinnings of civil forfeiture are long established and can be traced back to English common law, but they also create the potential for abuse. There is currently federal legislation that considers scaling back the reach of civil forfeiture and recent Supreme Court decisions have also limited …


United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig Jan 1995

United States: Deconstructing The American Family - Developments In Family Law During 1993, Lynn D. Wardle, Margaret F. Brinig

Journal Articles

Persons unfamiliar with the American legal system might be dismayed by the variety and inconsistency of developments in domestic relations law during 1993. The key to comprehending family law in the United States is to know that, within the broad parameters set by the Constitution and minimal federal legislation, each of the fifty American states retains substantial constitutional autonomy when regulating domestic relations. As a result, "a hundred flowers bloom" in American family law-in the form of tremendously varied (sometimes diametrically inconsistent) statutes, policies and doctrines. Despite national trends, novelties or developments of potentially broad interest that occur every year, …


Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey Jan 1995

Federal Criminal Law: The Need, Not For Revised Constitutional Theory Or New Congressional Statutes, But The Exercise Of Responsible Prosecutive Discretion, G. Robert Blakey

Journal Articles

My basic point is that major aspects of systems of legal justice deal with antisocial behavior. That an aspect of these systems may be categorized as “criminal,” “civil,” “state,” “federal,” or “international,” is relevant principally to a question of legal theory or governmental organization, which is fundamentally secondary to the character of the behavior itself. In short, we have to look at the behavior first–and only then ask questions of legal theory or governmental organization.

We should not be talking about “federalization.” That is a constitutional question to which we now have a fairly clear constitutional answer. Little or no …


Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett Jan 1995

Can A Deficiency Notice To A Non-Filing Taxpayer Shorten The Time To Claim A Refund In The Tax Court?, Matthew J. Barrett

Journal Articles

Each year, about three million people overpay their federal income taxes but don't file returns. Taxpayers usually have three years to claim a refund. When a non-filer waits more than two years before seeking a refund, the IRS often seeks more tax because the taxpayer has not filed. If the taxpayer appeals to the Tax Court to avoid paying the additional tax, the IRS says the refund period is only two years. Now the Supreme Court decides if a deficiency notice can shorten the time to claim a refund in the Tax Court.


Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett Jan 1995

Are Back Pay And Damages In Age Discrimination Cases Subject To Income Taxes?, Matthew J. Barrett

Journal Articles

The Internal Revenue Code excludes damages received "on account of personal injuries" from federal income taxation. In this case, the Supreme Court decides if back pay and damages received under the Age Discrimination in Employment Act qualify for this exclusion. The Court's decision could affect thousands of workers who have brought, or may bring, federal age discrimination claims after losing their jobs in downsizings. It may also resolve the tax status of punitive damages.


Closing Argument, James H. Seckinger Jan 1995

Closing Argument, James H. Seckinger

Journal Articles

To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”

An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …


Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills Jan 1995

Profiling Minority Law Librarians: A Report On The 1992-93 Survey, Dwight B. King, Rhea A-L Ballard, Helena Lai, Grace M. Mills

Journal Articles

The authors present a demographic and professional profile of AALL minority law librarian members based upon responses to a detailed survey that elicited information about work experience and skills, professional activities and participation, and career aspirations. The results lead the authors to suggest some recruitment strategies to increase diversity in law librarianship and the level of minority participation in AALL.


Why Does The Church Have Law Schools?, Thomas L. Shaffer Jan 1995

Why Does The Church Have Law Schools?, Thomas L. Shaffer

Journal Articles

Why does the church have law schools?

The title I was given for this talk during the Marquette Conference of March, 1994, was "the mission of the religiously affiliated law school." The title raises the possibility that the church has a law school in order to carry out a mission. The church does not get its mission from the state or the civil community. The only workable meaning of the title I was given is that each of our law schools has a mission from God.

If the assignment of mission comes from the civil community or the state, the …


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Jan 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Journal Articles

Professor O'Connell discusses the traditional methods used for international law "enforcement," and she argues that international law is generally obeyed. Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement; however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …


Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau Jan 1995

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Journal Articles

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …


Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin Jan 1995

Reconsidering The Louisiana Doctrine Of Employment At Will: On The Misinterpretation Of Article 2747 And The Civilian Case For Requiring "Good Faith" In Termination Of Employment, John Devlin

Journal Articles

No abstract provided.


Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau Jan 1995

Codes As Straight-Jackets, Safeguards, And Alibis: The Experience Of The French Civil Code, Olivier Moreteau

Journal Articles

No abstract provided.


"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol Jan 1995

"Never Intended To Be Applied To The White Population": Firearms Regulation And Racial Disparity -- The Redeemed South's Legacy To A National Jurisprudence?, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring Jan 1995

Silent Beneficiaries: Affirmative Action And Gender In Law School Academic Support Programs, Darlene Goring

Journal Articles

No abstract provided.


Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel Jan 1995

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Journal Articles

No abstract provided.


Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer Jan 1995

Human Nature And Moral Responsibility In Lawyer-Client Relationships, Thomas L. Shaffer

Journal Articles

My interest here is ethics—whether observation, intuition, the ability to make appeals to human nature, and insight into the workings of the human heart are useful as guides for legal judgments in relationships between lawyers and clients. A modern American lawyer and her client use power as certainly as Solomon used power and, I suppose, are as manifestly subject to indirection in deciding how to use power as the kings of Israel were. In both cases the enterprise is undertaken, as W.H. Auden put it, on "a moral planet tamed by terror."


Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George Jan 1995

Marriage And The Liberal Imagination, Gerard V. Bradley, Robert P. George

Journal Articles

In an article marked by the intelligence and fairmindedness for which his work is widely-and rightly-admired, Stephen Macedo has argued against our view that sodomy, including homosexual sodomy, is intrinsically nonmarital and immoral. His goal is to show that "new natural law" theorists, such as Germain Grisez, John Finnis, and the two of us, have no sound argument for drawing moral distinctions-which would, in turn, provide a basis for legal distinctions (particularly in the area of marriage)­ between the sodomitical acts of "devoted, loving, committed homosexual partners" and the acts of genital union of men and women in marriage. We …


Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey Jan 1995

Shaping Today's Forfeiture Law: A Conversation With Senator Mcclellan, G. Robert Blakey

Journal Articles

In any society, the government's ability to interfere with life, liberty or property is always open for full discussion. In this conversation, Professor Blakey discusses property in the context of organized and white-collar crime, in addition to criminal forfeiture, and frames his discussion around his work with Senator John McClellan on drafting the Organized Crime Control Act.