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

Law Commons

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

Articles 1 - 11 of 11

Full-Text Articles in Law

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich Dec 1998

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich

Federal Communications Law Journal

Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more …


Neonaticide: Less Than Murder?, James J. Dvorak Nov 1998

Neonaticide: Less Than Murder?, James J. Dvorak

Northern Illinois University Law Review

This comment examines the crime of infanticide. The comment includes a brief history of infanticide and an explanation of how the crime is treated in common law countries. A comparison of the United States and other common law countries leads the author to suggest that the United States should adopt an infanticide statute similar to that of other common law countries.


The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver Oct 1998

The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver

Dalhousie Law Journal

In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.


Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci Apr 1998

Antidiscrimination And Affirmative Action Policies: Economic Efficiency And The Constitution, Edward M. Iacobucci

Osgoode Hall Law Journal

This article assesses the economic efficiency of race-based antidiscrimination and affirmative action policies with a view to assessing relevant Canadian and American constitutional law. The article reviews economic arguments about why antidiscrimination laws may be efficient in addressing externalities, in hastening the exit of bigoted employers from the market, and in preventing the potentially inefficient use of race as a proxy for information; affirmative action may be efficient in accounting for differential signaling costs across race. The article concludes that economic analysis supports the approach in section 15 of the Charter which generally bans discriminatory government action, but recognizes that …


Trends. A Strategic Defense Initiative Against Biological Warfare: Sense? Nonsense? Mal Vu, Mal Dit?, Ibpp Editor Mar 1998

Trends. A Strategic Defense Initiative Against Biological Warfare: Sense? Nonsense? Mal Vu, Mal Dit?, Ibpp Editor

International Bulletin of Political Psychology

The author discusses the Strategic Defense Initiative (SDI) that was initiated by United States (US) President Ronald Reagan during his first term.


Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney Jan 1998

Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney

Saint Louis University Public Law Review

No abstract provided.


Proceedings Of The Seminar Jan 1998

Proceedings Of The Seminar

Maryland Journal of International Law

No abstract provided.


International Treaties And Constitutional Systems Of The United States, Mexico And Canada - Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss Jan 1998

International Treaties And Constitutional Systems Of The United States, Mexico And Canada - Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.


The United States And Canada: A Comparison Of Corporate Nonrecognition Provisions, Catherine Brown, Christine Manolakas Jan 1998

The United States And Canada: A Comparison Of Corporate Nonrecognition Provisions, Catherine Brown, Christine Manolakas

Case Western Reserve Journal of International Law

No abstract provided.


Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin Jan 1998

Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin

Michigan Journal of International Law

Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.


The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko Jan 1998

The Cy Pres Doctrine In The United States: From Extreme Reluctance To Affirmative Action, Frances Howell Rudko

Cleveland State Law Review

Perhaps no legal principle illustrates the use of Fourteenth Amendment equal protection jurisprudence more poignantly than the relatively obscure cy pres doctrine. The ancient doctrine which allowed both courts and the Crown in England to change trust purposes when the original trust purposes proved no longer viable was adopted belatedly, sporadically and partially by jurisdictions in the United States. In Part I, the author illustrates how the United States jurisdictions differ from England in the requirement for charitable intent. Earlier cases reveal the United States, unlike England, has resisted relaxation of the requirement. In Part II, the author uses the …