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Series

1997

American University Washington College of Law

Articles 1 - 30 of 39

Full-Text Articles in Law

Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck Apr 1997

Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck

Articles in Law Reviews & Other Academic Journals

In keeping with their religious traditions as devout Protestants, Bruce and Nancy Young regularly gave to their church in New Hope, Minnesota. From February 1991 to February 1992, the Youngs tithed $13,450 to their church.' Unfortunately-due to financial difficulties--the Youngs filed for Chapter 7 bankruptcy in February 1992. Because the Youngs tithed the $13,450 while insolvent, the bankruptcy trustee for their estate initiated a proceeding to void the transfers and return the contributions to the estate.

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The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson Feb 1997

The Uses And Abuses Of Risk Management: How Men Learnt To Bet Against The Gods, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement (London) conjoins two books - the first, by investment banker turned finance historian Peter L. Berstein, is a history of the idea of risk, as it developed from Renaissance times through contemporary finance. The second, by the former editor of the derivatives journal Risk, Lillian Chew, is an account of contemporary financial derivatives and their uses and abuses. The point of linking these two books in a single review is to point out that the basic ideas behind today's financial derivatives - forms of forwards, options, swaps, and so on - are …

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Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson Jan 1997

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

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Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker Jan 1997

Continuous Regulatory Reform At The Federal Trade Commission, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The Remoteness That Betrays Desire, Kenneth Anderson Jan 1997

The Remoteness That Betrays Desire, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

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Three Roles For The Private Equity Market In Foreign Investments: Comment On Mailander's "Seraching For Liquidity", Kenneth Anderson Jan 1997

Three Roles For The Private Equity Market In Foreign Investments: Comment On Mailander's "Seraching For Liquidity", Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Christopher J. Mailander's discussion of the private equity market identifies what is, by most measures, the central concern of equity investors in foreign enterprises-how to get out of a foreign investment after getting in it.' His strategy for resolving this problem is to make available the liquidity necessary for an investor to exit a foreign investment by tapping the United States capital markets. This can be accomplished, according to Mailander, through the use of American Depositary Receipts (ADRs) on the private equity markets and through the private equity markets themselves. It seems evident that the capital markets have adopted this …

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Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker Jan 1997

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker Jan 1997

Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Contemporary Empirical Merger Analysis, Jonathan Baker Jan 1997

Contemporary Empirical Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross Jan 1997

High-Tech Heroes, Virtual Villians, And Jacked-In Justice: Visions Of Law And Lawyers In Cyberpunk Science Fiction, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Paperwork Redux: The (Stronger) Paperwork Reduction Act Of 1995, Jeffrey Lubbers Jan 1997

Paperwork Redux: The (Stronger) Paperwork Reduction Act Of 1995, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Using Citizen Suits To Protect Biodiversity, William Snape Jan 1997

Using Citizen Suits To Protect Biodiversity, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Over the past several decades, environmental advocates have expended enormous effort attempting to pass laws that protect air, water, land and species.' But even the best written laws will not be effective unless they are implemented. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal agencies sometimes do not enforce or obey the laws they are charged to uphold. For instance, …

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Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder Jan 1997

Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Towards A Federal Counselor-Battered Woman Privilege, Fernando Laguarda Jan 1997

Towards A Federal Counselor-Battered Woman Privilege, Fernando Laguarda

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: In theory if not in fact, the purpose of a trial in the American legal tradition is to discern the truth related to a particular dispute. Although scholars have debated how well the adversary system actually promotes fair and accurate outcomes, this truth-seeking paradigm remains generally well-accepted. To ascertain the truth, information must be presented to the triers of fact for their consideration. The law of evidence thus provides the rules for introducing and considering such information in the adversary system.

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Science, Politics, And The Evolution Of Law And Neoclassical Economics, James May Jan 1997

Science, Politics, And The Evolution Of Law And Neoclassical Economics, James May

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No abstract provided.

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Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper Jan 1997

The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel Jan 1997

The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Accountability For Past Abuses, Juan E. Mendez Jan 1997

Accountability For Past Abuses, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Administrative Law In The 21st Century, Andrew Popper Jan 1997

Administrative Law In The 21st Century, Andrew Popper

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker Jan 1997

The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer Jan 1997

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …

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Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley Jan 1997

Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley

Articles in Law Reviews & Other Academic Journals

What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410

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The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross Jan 1997

The Legal Architecture Of Virtual Stores: World Wide Web Sites And The Uniform Commercial Code, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross Jan 1997

Putting The Cards Before The Purse: Distinctions, Differences, And Dilemmas In The Regulation Of Stored Value Card Systems, Walter Effross

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem Jan 1997

Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck Jan 1997

Revisiting Equality: Feminist Thought About Intermediate Scrutiny, Ann Shalleck

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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Reclaiming The Law Of Suretyship, Barlow Burke Jan 1997

Reclaiming The Law Of Suretyship, Barlow Burke

Articles in Law Reviews & Other Academic Journals

Business firms, including miners and mining companies, seek to preventloss in various ways. When their assets are real property, a mortgage mayprovide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgagedebt. The Latin word for security was securitas, translated as sponsor. The ideaof a mortgage lien or a security is that the property itself "sponsors" therepayment of the …

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Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson Jan 1997

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

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Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson Jan 1997

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

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