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Series

All Faculty Scholarship

1996

Discipline
Institution
Keyword

Articles 31 - 60 of 73

Full-Text Articles in Law

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin Feb 1996

Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin

All Faculty Scholarship

No abstract provided.


Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin Feb 1996

Unemployment Compensation In A Time Of Increasing Work-Family Conflicts, Martin H. Malin

All Faculty Scholarship

No abstract provided.


The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal Jan 1996

The Limits Of Legal Discourse: Learning From The Civil Rights Movement In The Quest For Gay And Lesbian Civil Rights, Odeana R. Neal

All Faculty Scholarship

The African-American struggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. Through radical political struggle coupled with legal precedent, de jure segregation became a part of the past of the United States. Meticulous legal strategizing by the NAACP Legal Defense Fund culminated with the Supreme Court's decision in Brown v. Board of Education, which declared unconstitutional the governmental practice of segregating on the basis of race. Careful legislative lobbying—as well as the threats posed by radical black political groups who …


Comment On Tacsan's The Effectiveness Of International Law: Analternative Approach, Mortimer N.S. Sellers Jan 1996

Comment On Tacsan's The Effectiveness Of International Law: Analternative Approach, Mortimer N.S. Sellers

All Faculty Scholarship

To be "effective" international law must be obeyed. Often it is, even by unopposably powerful nations such as the United States of America. Why? Force and coercion cannot be the reason, but fear plays a role-the fear of appearing unjust in one's own eyes, or the eyes of one's friends.


Principled Silence, Tobias Barrington Wolff Jan 1996

Principled Silence, Tobias Barrington Wolff

All Faculty Scholarship

No abstract provided.


"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon Jan 1996

"Our National Hearthstone": Anti-Polygamy Fiction And The Sentimental Campaign Against Moral Diversity In Antebellum America, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.


Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews Jan 1996

Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews Jan 1996

The Shadow Health Care System: Regulation Of Alternative Health Care Providers, Lori B. Andrews

All Faculty Scholarship

No abstract provided.


Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman Jan 1996

Limitations Inherent In The Title To Wetlands At Common Law, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber Jan 1996

Global Technological Integration, Intellectual Property Rights, And Competition Law: Some Introductory Comments, David J. Gerber

All Faculty Scholarship

No abstract provided.


International Trade And Competition Law In Japan, David J. Gerber Jan 1996

International Trade And Competition Law In Japan, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber Jan 1996

The Implications Of The New Regime For Global Competition Policy: Intellectual Property Rights, Economic Power, And Global Technological Integration, David J. Gerber

All Faculty Scholarship

No abstract provided.


Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie Jan 1996

Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.


Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein Jan 1996

Making Criminal Codes Functional: A Code Of Conduct And A Code Of Adjudication, Paul H. Robinson, Peter D. Greene, Natasha R. Goldstein

All Faculty Scholarship

A traditional criminal code performs several functions. It announces the law's commands to those whose conduct it seeks to influence. It also defines the rules to be used in deciding whether a breach of the law's commands will result in criminal liability and, if so, the grade or degree of liability. In serving the first function, the code addresses all members of the public. In performing the second function, it addresses lawyers, judges, jurors, and others who play a role in the adjudication process. In part because of these different audiences, the two functions call for different kinds of documents. …


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


Self-Defense As A Rational Excuse, Claire Oakes Finkelstein Jan 1996

Self-Defense As A Rational Excuse, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman Jan 1996

Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman

All Faculty Scholarship

This article discusses recent efforts to reform the Russian bar and procuracy, the institutions’ responses, and the problem of criminal procedure reform as it relates to them.


Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman Jan 1996

Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman

All Faculty Scholarship

This article briefly discusses the history of the jury trial in the Soviet Union and the recent reform reinstating trial by jury in Russia. It focuses on specific case studies regarding Russian jury trials under the new system. The author personally observed many of the first jury trials from December 1993 to October 1994 and comprehensively studied the Russian jury reform through observations, interviews with judges and lawyers, and review of case files.


Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax Jan 1996

Technology Assessment And The Doctor-Patient Relationship, Amy L. Wax

All Faculty Scholarship

No abstract provided.


In Defense Of Naturalization Reform Symposium: Contributions, Arnold Rochvarg Jan 1996

In Defense Of Naturalization Reform Symposium: Contributions, Arnold Rochvarg

All Faculty Scholarship

In March 1996, a Symposium was held at Georgetown University Law School on the topic of reforming the naturalization process. Participating were members of Congress, professors, immigrant rights advocates, and representatives from several public policy think tanks. This article sets forth the argument that reform in the naturalization process is necessary, and disputes the arguments that proposed reforms "dumb down" and cheapen the naturalization process.


Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer Jan 1996

Territoriality And Moral Dissensus: Thoughts On Abortion, Slavery, Gay Marriage And Family Values, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter Jan 1996

The Enforceability Of Norms And The Employment Relationship, Edward B. Rock, Michael L. Wachter

All Faculty Scholarship

No abstract provided.


The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson Jan 1996

The Criminal-Civil Distinction And The Utility Of Desert, Paul H. Robinson

All Faculty Scholarship

The communist Chinese have distinct criminal and civil systems, as do the democratic Swiss, and the monarchist Saudis.1 The criminal-civil distinction also is a basic organizing device for Islamic Pakistan, Catholic Ireland, Hindu India, and the atheistic former Soviet Union, industrialized Germany, rural Papua New Guinea, the tribal Bedouins, wealthy Singapore, impoverished Somalia, developing Thailand, newly organized Ukraine, and the ancient Romans. Apparently every society sufficiently developed to have a formal legal system usesthe criminal-civil distinction as an organizing principle. Why? Why has every society felt it necessary to create a system to impose criminal liability distinct from civil liability?


Trusting Our Partners: An Essay On Resetting The Estate Planning Defaults For An Adult World, Henry Ordower Jan 1996

Trusting Our Partners: An Essay On Resetting The Estate Planning Defaults For An Adult World, Henry Ordower

All Faculty Scholarship

Demonstrates that there is no tax savings to be achieved by using a trust to restrict a donee's control of property and money transferred gifts during life or at death. Reviews reasons why donors wish to continue to control wealth even after death and suggests that such reasoning is fallacious. Recommends to the estate planning bar that it revise its approach to planning in order to fulfill its obligations to the principal client and other family members. Develops mathematical formulas for analysis of estate planning decisions.


A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr. Jan 1996

A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse Jan 1996

Blame And Danger: An Essay On Preventive Detention, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock Jan 1996

America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock

All Faculty Scholarship

No abstract provided.


The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein Jan 1996

The Irrelevance Of The Intended To Prima Facie Culpability: Comment On Moore, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank Jan 1996

Where's The Beef? The Interjurisdictional Effects Of New Jersey's Entire Controversy Doctrine, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts Jan 1996

Welfare And The Problem Of Black Citizenship, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.