Law Commons^™

International Law And International Relations In A Pluriform World, Sompong Sucharitkul

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The basic purpose of this cursory discourse is to explore the ways and means by which peace, progress and prosperity could be restored, maintained and enhanced in the relations among nations through the rule of international law for the benefit of mankind as a whole, taking into account the pluriformity of States and peoples that compose the international community.

The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark

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This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …

Transboundary Groundwaters: The Bellagio Draft Treaty, Robert D. Hayton, Albert E. Utton

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Increasing populations and industrial and agricultural development worldwide are placing much greater demands on groundwater supplies. Many of these groundwater basins or aquifers underlie two or more countries and are, thus, international or transboundary. Withdrawals from one country can drain life-giving water from a neighboring country and, as a consequence, be the source of severe and protracted conflict. Unfortunately, international law and treaty practice are only at a beginning stage. With the goal of advancing international law and institutions on the matter, a multi-disciplinary group of specialists over an eight-year period have developed a draft international groundwater treaty.

The draft …

Validity Of Post-Employment Non-Compete Covenants In Broadcast News Employment Contracts, Jon H. Sylvester

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This Article discusses whether, and to what extent, a broad-cast news employee may be bound by a contractual provision that purportedly relinquishes his right to contract subsequently for other employment. Specifically, this Article dis-cusses the applicable law of selected jurisdictions, critiques the rationale most often used in defending these covenants ("uniqueness of employee services"), reports the results of a survey regarding industry practices, and discusses the distinctions between legal enforceability and practical enforcement. Finally, this Article proposes changes in the law, including abandonment of the "unique services" rationale and adoption of specialized standards by which the validity of such contract …

Book Review: State Immunity: Some Recent Developments, Sompong Sucharitkul

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No abstract provided.

Exploring The Invisible Curriculum: Clinical Fieldwork In American Law Schools, Marc Stickgold

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The Harvard Report makes a number of recommendations to cure problems in legal education. I mean to focus on but one of them. The committee's Final Report concludes that clinical experience ought to be a substantial part of legal education. It discusses suggestions on how this can best be accomplished at Harvard. My focus is narrower. I will address the possibilities of developing the extemship model, ratherthan the "in-house" model, to resolve some of these "deeply troubling" curricular problems.

This article will probably raise more questions than it answers, but it will continue the process of replacing educational "neglect" with …

Quelques Questions Juridiques A L'Egard Des "Boat People" En Tant Que Refugies Politiques, Sompong Sucharitkul

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No abstract provided.

Evolution Continue D'Une Notion Nouvelle: Le Patrimoine Commun De L'Humanite, Sompong Sucharitkul

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No abstract provided.

Colorado Law Concerning Accomplices And Complicity, Marianne Wesson

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No abstract provided.

The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson

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No abstract provided.

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

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No abstract provided.

Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark

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The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Congressional Diversions: Legislative Responses To The Estate Valuation Freeze, Wayne M. Gazur

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No abstract provided.

Indian Consent To American Government, Richard B. Collins

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No abstract provided.

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

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No abstract provided.

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

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No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

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No abstract provided.

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

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No abstract provided.

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

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No abstract provided.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

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No abstract provided.

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

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No abstract provided.

Forgetting The Constitution, Robert F. Nagel

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No abstract provided.

Contradiction And Denial, Pierre Schlag

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No abstract provided.

Water Marketing In Wyoming, Mark Squillace

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No abstract provided.

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

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No abstract provided.

The Problem Of Transaction Costs, Pierre Schlag

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No abstract provided.

A Critical Look At Wyoming Water Law, Mark Squillace

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No abstract provided.

Presidential Management Of Agency Rulemaking, Harold H. Bruff

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No abstract provided.

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

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No abstract provided.

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

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The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s. …