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Full-Text Articles in Law

The Power Issue In Public Sector Grievance Arbitration, Roger Abrams Sep 1982

The Power Issue In Public Sector Grievance Arbitration, Roger Abrams

Roger I. Abrams

This Article explores the possible reasons for the prevalence of the power issue in public sector grievance arbitration and evaluates the impact of the power issue on the arbitration process and on public enterprise in general. First, however, the Article examines briefly how public employers have raised the power issue in arbitration. For purposes of discussion, management's arguments on the power issue are divided into four categories: 1) substantive and procedural arbitrability; 2) reserved managerial prerogatives; 3) controlling external law; and 4) limitations on remedial power.


Clandestine Warfare: Morality And Practical Problems Confounded, John Murphy Jul 1982

Clandestine Warfare: Morality And Practical Problems Confounded, John Murphy

John F. Murphy

No abstract provided.


Legal Recognition Of Unmarried Cohabitation: A Proposal To Update And Reconsider Common-Law Marriage, David Caudill Jul 1982

Legal Recognition Of Unmarried Cohabitation: A Proposal To Update And Reconsider Common-Law Marriage, David Caudill

David S Caudill

No abstract provided.


Legal Controls And The Deterrence Of Terrorism: Performance And Prospects, John Murphy Jul 1982

Legal Controls And The Deterrence Of Terrorism: Performance And Prospects, John Murphy

John F. Murphy

No abstract provided.


The Soviet Union And International Terrorism, John Murphy, Donald Brady Jul 1982

The Soviet Union And International Terrorism, John Murphy, Donald Brady

John F. Murphy

No abstract provided.


Understanding Judicial Discretion, Barry Hoffmaster Dec 1981

Understanding Judicial Discretion, Barry Hoffmaster

C. Barry Hoffmaster

The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise discretion, the second involves whether judges are entitled to exercise discretion, and the third is about the proper institutional role of judges. In this context, the views of Dworkin, Raz, Perry, Greenawalt, and Sartorius are examined. Finally, it is suggested that a resolution of the judicial …


Federal Tax Consequences Of Surrogate Motherhood, James Edward Maule Dec 1981

Federal Tax Consequences Of Surrogate Motherhood, James Edward Maule

James Edward Maule

No abstract provided.


Thirty-Fifth Session Of The Sub-Commission Of Protection Of Minorities, Connie De La Vega, Ellen E. Lutz Dec 1981

Thirty-Fifth Session Of The Sub-Commission Of Protection Of Minorities, Connie De La Vega, Ellen E. Lutz

Connie de la Vega

This article provides a brief synopsis of the 35th Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which took place in Geneva, August 16 - September 10, 1982. At the 35th Session there were advances in several areas, particularly regarding the setting of international standards and the improvement of information-gathering procedures. Also promising for the promotion and protection of human rights was that the Working Group on Indigenous Peoples were allowed to present information to the Sub-Commission. At the same time, several dangerous precedents were set which appeared to make it more difficult for non-governmental organizations …