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Full-Text Articles in Law

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …


Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum Jan 1991

Pro Bono Publico Meets Droits De L'Homme: Speaking A New Legal Language, Stephen A. Rosenbaum

Publications

In this Article, the author examines ways that legal aid advocacy organizations in the U.S. can utilize international human rights doctrine and procedures to advance the interests of poor and marginalized Americans in domestic and foreign venues. This is a sympathetic account of some of the efforts undertaken by legal services lawyers in this burgeoning field of law. The first section briefly describes the history and structure of the quasi-public legal aid programs funded by the Legal Services Corporation (LSC). Section two details practical reasons why attorneys may want to look to international instruments or forums to achieve their clients' …


Is The Uniform Foreign Money-Judgments Recognition Act Potentially Unconstitutional? If So, Should The Texas Cure Be Adopted Elsewhere?, Jon H. Sylvester, Richard J. Graving Jan 1991

Is The Uniform Foreign Money-Judgments Recognition Act Potentially Unconstitutional? If So, Should The Texas Cure Be Adopted Elsewhere?, Jon H. Sylvester, Richard J. Graving

Publications

Recent political events of historic and global proportion afford a wealth of challenge and opportunity for international legal practice. The breakup of the former Soviet Union, the reunification of Germany, and, in general, the collapse of command-style central planning as a viable approach to economic organization seem certain to expedite globalization of markets and increase the volume of international business transactions. An increase in transactions means an increase in disputes. While arbitration is generally considered the preferred device for resolving transnational business disputes, litigation is frequently unavoidable, either as a substitute for arbitration or as a consequence of it. As …


The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman Jan 1991

The Exigent Circumstances Exception To The Warrant Requirement, H. Patrick Furman

Publications

No abstract provided.


Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson Jan 1991

Sex, Lies And Videotape: The Pornographer As Censor, Marianne Wesson

Publications

The legal branch of the women's movement, although of one mind on some subjects, is divided on the proper approach to pornography. Some feminists oppose the imposition of any legal burdens on pornography because they fear that feminist speech will be caught in the general suppression, and others believe that any such burdens must violate the first amendment. Professor Wesson suggests that pornography should be defined to include only those materials that equate sexual pleasure with the infliction of violence or pain, and imply approval of conduct that generates the actor's arousal or satisfaction through this infliction. So defined, pornography …


Indigenous Rights Norms In Contemporary International Law, S. James Anaya Jan 1991

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.


Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark Jan 1991

Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark

Publications

In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …


Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur Jan 1991

Death And Taxes: The Taxation Of Accelerated Death Benefits For The Terminally Ill, Wayne M. Gazur

Publications

No abstract provided.


One Hundred Years Of Wyoming Water Law, Mark Squillace Jan 1991

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.


Specialized Courts In Administrative Law, Harold H. Bruff Jan 1991

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.


Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes Jan 1991

Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes

Publications

No abstract provided.


Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi Jan 1991

Waiver Of Rights In The Interrogation Room: The Court's Dilemma, William T. Pizzi

Publications

No abstract provided.


The Problem Of The Subject, Pierre Schlag Jan 1991

The Problem Of The Subject, Pierre Schlag

Publications

No abstract provided.


Stances, Pierre Schlag Jan 1991

Stances, Pierre Schlag

Publications

No abstract provided.


In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson Jan 1991

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.


Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman Jan 1991

Punishing Ethical Violations: Aggravating And Mitigating Factors, H. Patrick Furman

Publications

No abstract provided.


Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman Jan 1991

Criminal Law 1991 Legislative Update, Philip A. Cherner, H. Patrick Furman

Publications

No abstract provided.


Capturing The Literature Of The Bar: A Proposal For Library Package Plans, Georgia Briscoe Jan 1991

Capturing The Literature Of The Bar: A Proposal For Library Package Plans, Georgia Briscoe

Publications

Publications of state and local bar associations are difficult for libraries to acquire and maintain because bar associations' publication activities are often not centralized. Standing orders or package plans will enhance services of bar associations. The American Bar Association and Illinois State Bar Association offer models for other states to follow.


Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun Jan 1991

Workplace Discrimination: Truthfulness And The Moral Imagination, Emily Calhoun

Publications

No abstract provided.


The Case For Integrated Pollution Control, Lakshman Guruswamy Jan 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.


Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff Jan 1991

Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff

Publications

The limited liability company is one of the newest forms of business organization. This form combines the limited liability of a corporation with the tax benefits normally associated with a partnership. The authors examine various implications and ramifications of this organizational form.


Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy Jan 1991

Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy

Publications

No abstract provided.


Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

Publications

No abstract provided.


Normativity And The Politics Of Form, Pierre Schlag Jan 1991

Normativity And The Politics Of Form, Pierre Schlag

Publications

No abstract provided.