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1992

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Institution
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Articles 1 - 30 of 87

Full-Text Articles in Law

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider Sep 1992

State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider

Articles

I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a ...


The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr. Jul 1992

The Porcupine's Dilemma: Strategic And Psychological Uncertainty In The Face Of Global Warming, William H. Rodgers, Jr.

Articles

No abstract provided.


The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal Jul 1992

The Public Trust Doctrine And Coastal Zone Management In Washington State, Ralph W. Johnson, Craighton Goeppele, David Jansen, Rachael Paschal

Articles

The public trust doctrine is an ancient doctrine that has recently emerged as a powerful tool to protect the public interest in tidelands and shorelands. Created and developed by the judiciary, the doctrine's principles have found their way into several of Washington's regulatory statutes, such as the Shoreline Management Act and the Aquatic Lands Act. This Article traces the development of the doctrine in Washington, and explains the relation between the state's police power and the public trust doctrine. This Article also sets forth the current contours of the public trust doctrine in Washington, and charts potential ...


Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider Jul 1992

Bioethics And The Family: The Cautionary View From Family Law, Carl E. Schneider

Articles

For many years, the field of bioethics has been specially concerned with how the authority to make medical decisions should be allocated between doctor and patient. Today the patient's power-indeed, the patient's right-is widely acknowledged, at least in principle. But this development can hardly be the last word in our thinking about how medical decisions should be made. For one thing, sometimes patients cannot speak for themselves. For another, patients· make medical decisions in contexts that significantly include more participants than just the patient and doctor. Now, as this conference demonstrates, bioethics is beginning to ask what role ...


Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly Apr 1992

Fifth Amendment Takings Implications Of The 1990 Native American Graves Protection And Repatriation Act, Ralph W. Johnson, Sharon I. Haensly

Articles

In November 1990, Congress passed the Native American Graves Protection and Repatriation Act ("NAGPRA"). NAGPRA provides for the protection and disposition of Native American cultural items discovered on federal or tribal lands after NAGPRA's effective date. NAGPRA also addresses disposition of those objects currently held or controlled by federal agencies and museums. NAGPRA represents Congress' attempt to resolve years of debate between tribes, archaeologists, and museums. Like any legislative pronouncement, however, Congress left key issues to agencies and courts to resolve. This article focuses upon one such area, namely, Fifth Amendment takings questions that may arise when tribes or ...


The Channelling Function In Family Law, Carl E. Schneider Apr 1992

The Channelling Function In Family Law, Carl E. Schneider

Articles

On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have ...


A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr. Jan 1992

A Superfund Trivia Test: A Comment On The Complexity Of Environmental Laws, William H. Rodgers, Jr.

Articles

Professor Rodgers examines the reasons for the American obsession with trivia. While unable to determine the cause of the obsession, he does provide some insight on the usefulness and need for the information in the study of environmental law.


Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka Jan 1992

Extending The New Patent Misuse Limitation To Copyright: Lasercomb America, Inc. V. Reynolds, Toshiko Takenaka

Articles

This Article examines the decisional history that shaped the misuse doctrine and the interplay between the misuse defense and antitrust liability in patent and copyright infringement litigation. In particular, by examining the public interest and policy considerations underlying patent and antitrust laws, this Article compares and evaluates the new view that misuse must be analyzed by the conventional antitrust theories expressed by Judge Posner in USM Corp. v. SPS Technologies Inc. and the traditional view that was derived from the equity doctrine expressed in Morton Salt v. G.S. Suppiger.

Furthermore, this Article reviews the legislative history and the impact ...


Introduction: The Bounds Of Advocacy, Robert H. Aronson Jan 1992

Introduction: The Bounds Of Advocacy, Robert H. Aronson

Articles

I was asked, as Reporter for the American Academy of Matrimonial Lawyers' Bounds of Advocacy, to provide an Introduction to the substantive issues discussed by members of the Committee in succeeding articles. This article will therefore "set the stage" by indicating the need for the Bounds of Advocacy, the charge to the Committee, the process by which the Standards and Comments were drafted, re-drafted, and then re-drafted again, and the appropriate scope, purpose and use of the Standards and Comments.


Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble Jan 1992

Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble

Articles

No abstract provided.


Of Wolves And Welfare Ranching, Dale Goble Jan 1992

Of Wolves And Welfare Ranching, Dale Goble

Articles

No abstract provided.


A Mirror For The Magistrate, Paul Campos Ed. Jan 1992

A Mirror For The Magistrate, Paul Campos Ed.

Articles

No abstract provided.


Coordinating Judicial Review In Administrative Law, Harold H. Bruff Jan 1992

Coordinating Judicial Review In Administrative Law, Harold H. Bruff

Articles

No abstract provided.


The Forty-Third Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities: The Sub-Commission Under Scrutiny, Karen Reierson, David Weissbrodt Jan 1992

The Forty-Third Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities: The Sub-Commission Under Scrutiny, Karen Reierson, David Weissbrodt

Articles

Throughout 1988, the United Nations celebrated the fortieth anniversary of its seminal human rights instrument, the Universal Declaration of Human Rights.' At its August 1988 session the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities2 (hereinafter the Sub- Commission) noted a similar milestone in its history; it met for the fortieth time since its creation in 1947. While the fortieth anniversary of the Dec- laration has inspired self-congratulatory activities throughout the United Nations, the 1988 session of the Sub-Commission was marked more by self- evaluation. The Sub-Commission has been engaged in a process of taking stock of ...


Salvaging The Sentencing Guidelines In Seven Easy Steps, Michael Tonry Jan 1992

Salvaging The Sentencing Guidelines In Seven Easy Steps, Michael Tonry

Articles

No abstract provided.


Light Thoughts And Night Thoughts On The American Family, Judith T. Younger Jan 1992

Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

Articles

No abstract provided.


Mandatory Penalties, Michael Tonry Jan 1992

Mandatory Penalties, Michael Tonry

Articles

To many public officials, promotion and enactment of mandatory penalty laws are important symbols of their concern for public safety and citizens' fear of crime. In practice, mandatory minimum-penalty laws accomplish few of their stated objectives and produce unwanted consequences. Their deterrent effects range from nonexistent to short-lived. When they call for short mandatory prison terms for serious crimes, they are often irrelevant because longer sentences are generally imposed. When they mandate longer terms (five, ten, twenty years), they are often circumvented by lawyers and judges. They reduce defendants' incentives to plead guilty, reduce guilty plea rates, and lengthen case ...


Media Masala: Why Women's Control Matters, Sarah Krakoff Jan 1992

Media Masala: Why Women's Control Matters, Sarah Krakoff

Articles

No abstract provided.


Meta-Evidence: Do We Need It?, Christopher B. Mueller Jan 1992

Meta-Evidence: Do We Need It?, Christopher B. Mueller

Articles

No abstract provided.


Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil Jan 1992

Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil

Articles

No abstract provided.


A True Comprehensive Approach, Lakshman Guruswamy Jan 1992

A True Comprehensive Approach, Lakshman Guruswamy

Articles

No abstract provided.


Corporate Law And The Longterm Shareholder Model Of Corporate Governance, John H. Matheson, Brent A. Olson Jan 1992

Corporate Law And The Longterm Shareholder Model Of Corporate Governance, John H. Matheson, Brent A. Olson

Articles

The key to effective corporate accountability today appears to be the existence of a class of "permanent" owners, holding approximately one-quarter of the outstanding equity, who have an incentive to monitor the operations of the corporation. This is essentially the system in Germany, Britain, and Japan. . . . In the United States, encouraging a pattern of domestic institutional ownership will be a way of ensuring the continuance of effective governance. The challenge, then, for the United States is to identify its "permanent" shareholder institutions and to ensure that they have the incentive and ability to perform the monitoring function. As recently as ...


Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry Jan 1992

Gao Report Confirms Failure Of U.S. Guidelines, Michael Tonry

Articles

No abstract provided.


The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman Jan 1992

The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman

Articles

No abstract provided.


The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman Jan 1992

The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman

Articles

No abstract provided.


The Idea Of A Legal Unconscious, Arthur J. Jacobson Jan 1992

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Articles

No abstract provided.


John D. Appel, Arthur J. Jacobson Jan 1992

John D. Appel, Arthur J. Jacobson

Articles

No abstract provided.


The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack Jan 1992

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Articles

No abstract provided.


Dancer, Teacher, Colleague, Monroe E. Price Jan 1992

Dancer, Teacher, Colleague, Monroe E. Price

Articles

No abstract provided.


Autopoiesis And Justice, Michel Rosenfeld Jan 1992

Autopoiesis And Justice, Michel Rosenfeld

Articles

No abstract provided.