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1992

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Articles 1531 - 1560 of 7926

Full-Text Articles in Law

Graun Bilong Mipela: Local Land Courts And The Changing Customary Law Of Papua New Guinea, Jean G. Zorn Jun 1992

Graun Bilong Mipela: Local Land Courts And The Changing Customary Law Of Papua New Guinea, Jean G. Zorn

Pacific Studies

No abstract provided.


Robert F. Rogers And Dirk A. Ballendorf's Review Of Arnold H. Leibowitz's Defining Status: A Comprehensive Analysis Of United States Territorial Relations, Robert F. Rogers, Dirk A. Ballendorf Jun 1992

Robert F. Rogers And Dirk A. Ballendorf's Review Of Arnold H. Leibowitz's Defining Status: A Comprehensive Analysis Of United States Territorial Relations, Robert F. Rogers, Dirk A. Ballendorf

Pacific Studies

No abstract provided.


Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Jun 1992

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 15, No 2 Edition of the Pacific Studies Journal


National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane Jun 1992

National Bellas Hess, Inc.: Obsolescent Precedent Or Good Law After Quill Corp. V. North Dakota?, Catherine V. Lane

Washington and Lee Law Review

No abstract provided.


Courts And Cultural Distinctiveness, Marie R. Deveney Jun 1992

Courts And Cultural Distinctiveness, Marie R. Deveney

University of Michigan Journal of Law Reform

The claim that minority ethnic and religious groups are culturally distinct from the dominant society is often, either implicitly or explicitly, a key element of demands these groups make to courts and legislatures for accommodation of their needs. In such cases, the decision maker's understanding of what constitutes "cultural distinctiveness" is crucial, for it can strongly influence the outcome of the accommodation question. In this brief Essay related to Peter Welsh's and Joseph Carens's papers and Dean Suagee's remarks delivered at the Preservation of Minority Cultures Symposium, I contrast these panelists' subtle and sophisticated understandings of cultural distinctiveness with the …


Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens Jun 1992

Democracy And Respect For Difference: The Case Of Fiji, Joseph H. Carens

University of Michigan Journal of Law Reform

In what follows, I will first offer a capsule history of Fiji. I then will identify some of the moral questions that emerge, both for the inhabitants of Fiji and for us as observers. I will present some tentative answers to these moral questions, reflecting as I go on what this tells us about the possibilities and limits of normative theory, but also trying to note where my normative judgments rest upon features of the story that I think others would want to contest and trying to indicate how alternative readings of the history would affect the normative judgments, if …


Emblems Of Federalism, Carol Weisbrod Jun 1992

Emblems Of Federalism, Carol Weisbrod

University of Michigan Journal of Law Reform

This Article reviews non-state federalism-more accurately "not only state federalism"- sometimes called pluralism or essential federalism, and contrasts it with conventional political federalism referred to here as "monumental federalism" and presented through a description of a painting by Erastus Field.


Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy Jun 1992

Deferral To The Intraunion Appellate Process: A Response, Paul Alan Levy

University of Michigan Journal of Law Reform

In their recent Article on the deferral policy of the National Labor Relations Board (Board or NLRB), two attorneys for the United Auto Workers (UAW), Leonard Page and Daniel W. Sherrick, argue that the Board has adopted "an indefensible double standard" by applying its policy of "deferral to arbitration" only to contractual dispute resolution processes but not to intraunion review procedures. By deferring to intraunion procedures, they contend, the Board would further many of the same policy objectives it now achieves by deferring to arbitration, with the added benefit of advancing the interest in democratic union self-government. Moreover, by drawing …


Introduction, Joseph L. Sax Jun 1992

Introduction, Joseph L. Sax

University of Michigan Journal of Law Reform

Reading through the articles in this Symposium is like walking deep into a dense forest. The experience is exhilarating but edged by a concern that the farther you go, the less sure you are of where you are. The articles here reveal the problem of cultural preservation in all its complexity and many-sidedness. This is not one of those symposia where the authors seek to outdo each other in self-condemnation for the wrongs perpetrated by colonial invaders on hapless indigenous people. Neither is it a lament for the assault on science by advocates of modish multiculturalism. The essays here are …


Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg Jun 1992

Balancing Cultural Integrity Against Individual Liberty: Civil Court Review Of Ecclesiastical Judgments, Michael G. Weisberg

University of Michigan Journal of Law Reform

This Note considers the standard of deference that civil courts should apply in cases where a religious judicatory already has decided an issue which subsequently is submitted for civil court resolution. It proposes a framework designed to protect the rights of religious groups to preserve their cultural integrity while also protecting individuals' personal liberty and the interests of the secular state. The analysis is necessarily framed by the opposing demands of the First Amendment's religion clauses. The Free Exercise Clause prohibits civil courts from intruding into religious societies' internal affairs, and the Establishment Clause limits religious authority over secular issues. …


In Support Of Huber, Jon F. Merz Jun 1992

In Support Of Huber, Jon F. Merz

RISK: Health, Safety & Environment (1990-2002)

The author takes exception to two recent reviews of GALILEO'S REVENGE.


Table Of Contents, Volume Three, Number Three, Summer 1992, Risk Editorial Board Jun 1992

Table Of Contents, Volume Three, Number Three, Summer 1992, Risk Editorial Board

RISK: Health, Safety & Environment (1990-2002)

Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).


Book Review, Kristin S. Shrader-Frechette Jun 1992

Book Review, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Review of the following: ELAINE DRAPER, Risky BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]


Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff Jun 1992

Polarized Voting And The Political Process: The Transformation Of Voting Rights Jurisprudence, Samuel Issacharoff

Michigan Law Review

This article attempts to provide an analytic framework for the evolved voting rights law as it confronts the persistent effects of racial factionalism in the electoral arena. Insight into the corrosiveness of racially polarized voting and its frustration of minority electoral opportunity has organized and guided the new voting rights jurisprudence. This article will argue that the combination of process distortions from majority domination of electoral outcomes and substantive deprivation from minority exclusion defines this area of law and protects it against challenge from currently fashionable academic currents. The central insights gathered from the focus on polarized voting, I will …


What Is A Postmodern Constitutionalism?, J. M. Balkin Jun 1992

What Is A Postmodern Constitutionalism?, J. M. Balkin

Michigan Law Review

I begin with a puzzle. It must certainly strike one as odd that the subject of postmodern constitutional law arises at a time when the actual arbiters of the Constitution - the federal judiciary and in particular the Supreme Court of the United States - appear to be more conservative than they have been for many years, and indeed, are likely to remain so for the foreseeable future. Postmodernism is often associated with what is new, innovative, and on the cutting edge of cultural development. Yet if we were to define the elements of a postmodern constitutional culture, it would …


Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison Jun 1992

Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison

Michigan Law Review

This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases. …


Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin Jun 1992

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …


Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar Jun 1992

Cumulative Trauma Disorders: Osha's General Duty Clause And The Need For An Ergonomics Standard, David J. Kolesar

Michigan Law Review

This Note argues that neither the Act nor its underlying policies supports OSHA's current use of the general duty clause to prosecute alleged ergonomics violations and that the only way to protect workers from CTDs fairly and effectively is through the promulgation of an ergonomics standard. Part I examines the purposes of the Act, as well as the function of the Act's general duty clause. Part II analyzes the four requirements of the general duty clause in the context of CTDs and finds that the clause does not apply to CTDs. Part III argues that the Act's intended policies support …


Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity Jun 1992

Some Thoughts On “Deossifying” The Rulemaking Process, Thomas O. Mcgarity

Duke Law Journal

No abstract provided.


Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony Jun 1992

Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like—Should Federal Agencies Use Them To Bind The Public?, Robert A. Anthony

Duke Law Journal

No abstract provided.


The Rulemaking Continuum, Peter L. Strauss Jun 1992

The Rulemaking Continuum, Peter L. Strauss

Duke Law Journal

No abstract provided.


Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas Jun 1992

Utmost Good Faith In Reinsurance: A Tradition In Need Of Adjustment, Steven W. Thomas

Duke Law Journal

No abstract provided.


Re-Inventing Rulemaking, E. Donald Elliott Jun 1992

Re-Inventing Rulemaking, E. Donald Elliott

Duke Law Journal

No abstract provided.


Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick Jun 1992

Copyright Protection For Architecture After The Architectural Works Copyright Protection Act Of 1990, Raphael Winick

Duke Law Journal

No abstract provided.


Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg Jun 1992

Constructing Homes For The Homeless? Searching For A Fourth Amendment Standard, David H. Steinberg

Duke Law Journal

No abstract provided.


Alaska’S Apportionment Of Damages Statute: Problems For Litigants, Laurence Keyes Jun 1992

Alaska’S Apportionment Of Damages Statute: Problems For Litigants, Laurence Keyes

Alaska Law Review

No abstract provided.


Journal Staff Jun 1992

Journal Staff

Alaska Law Review

No abstract provided.


The Statute Of Limitations For Profession Malpractice In Alaska After Lee Houston & Associates, Ltd. V. Racine, Scott Lawrence Altes Jun 1992

The Statute Of Limitations For Profession Malpractice In Alaska After Lee Houston & Associates, Ltd. V. Racine, Scott Lawrence Altes

Alaska Law Review

No abstract provided.


A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss Jun 1992

A Taxing Issue: Are Limited Entry Fishing Permits Property, Jon David Weiss

Alaska Law Review

No abstract provided.


Alaska Supreme Court And Court Of Appeals Year In Review 1991, Anne M. Lindner, Jeanne M. Meyer, Alison T. Wachterman Jun 1992

Alaska Supreme Court And Court Of Appeals Year In Review 1991, Anne M. Lindner, Jeanne M. Meyer, Alison T. Wachterman

Alaska Law Review

No abstract provided.