Law Commons^™

Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case

William & Mary Bill of Rights Journal

No abstract provided.

An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt

William & Mary Bill of Rights Journal

No abstract provided.

General Index

Penn State International Law Review (1982 - 2011)

No abstract provided.

Prosecuting Iraqi Crimes: Fulfilling The Expectations Of International Law After The Gulf War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

Applying U.S. Law To Halt Deforestation In Southeastern Myanmar: A Survey Of Potential Strategies, Douglas J. Kelso

Washington International Law Journal

As the twentieth century draws to a close, the threat posed by environmental degradation grows increasingly apparent. Climatic change, ozone depletion, hazardous wastes, and numerous other ecological concerns gain growing prominence in national and international policy debates. Environmental degradation causes the loss of valuable atmospheric, hydrological, geological, and biological resources. In terms of resource depletion, the rapid destruction of tropical rain forests poses one of the greatest ecological threats to our planet today. This paper proposes that proper application of United States law might discourage tropical deforestation abroad, using the nation of Myanmar (formerly Burma) as an example.

Section 301 And U.S. Trade Law: The Limited Impact Of The 1988 Omnibus Trade And Competitiveness Act On American Obligations Under Gatt, Josh Schein

Washington International Law Journal

In 1988, President Reagan signed the Omnibus Trade and Competitiveness Act (OTCA), a broad set of trade laws overlying a sizable preexisting legal framework which included Section 301 of the Trade Act of 1974.1 The OTCA changed some U.S. trade law provisions while leaving other areas undisturbed. Foreign trading partners reacted sharply to the passage and implementation of the OTCA, arguing that it conflicted with American obligations under the General Agreement on Tariffs and Trade (GATT). Although no trading partner has formally challenged the OTCA under GATT thus far, the potential for conflict exists. This Comment will briefly summarize GATT …

The National Wildlife Refuge System: Incompatible Recreational And Economic Uses Of Refuge Lands, Kimberley J. Priestley

Washington International Law Journal

This Comment addresses the problem of incompatible uses on refuge lands. Section I briefly summarizes the history and management of the NWRS and sets forth the basic tenets of the NWRS Administration Act's "compatibility" standard. Section II points out the problems of incompatible secondary uses on refuge lands. Section III examines the possible reasons behind the FWS's acquiescence to these incompatible recreational and economic uses and proposes solutions. Finally, this Comment concludes that an organic act, coupled with increased funding, would help the NWRS achieve its primary goal of providing protection for wildlife resources and their habitats.

Japanese Foreign Aid: Suggested Legislation To Guide Administrative Distribution Of Foreign Aid, Darin R. Greenen

Washington International Law Journal

This Comment analyzes the need for guiding legislation in the Japanese foreign aid program. First, the Comment describes the Japanese aid program and its shortcomings. It then suggests guiding legislation and analyzes the improvements such legislation will effectuate.

The Worst Evidence Principle: The Best Hypothesis As To The Logical Structure Of Evidence Law, Edward J. Imwinkelried

University of Miami Law Review

No abstract provided.

Justice Barkett's Feminist Jurisprudence, Lanae Holbrook

University of Miami Law Review

No abstract provided.

Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel

William & Mary Bill of Rights Journal

No abstract provided.

The Adoption Of The Bill Of Rights, Maeva Marcus

William & Mary Bill of Rights Journal

No abstract provided.

Uniform Commercial Code Revisions--State Bar Of Georgia Legislative Process, Richard P. Kessler Jr.

Mercer Law Review

The National Conference of Commissioners on Uniform State Laws ("NCCUSL") was created by the various states to draft and promote uniform laws for adoption by all states. For over ninety years the NCCUSL has drafted and proposed numerous uniform laws which the various states have enacted, the most notable of which being the Uniform Commercial Code ("UCC"). The UCC was offered to the states for their consideration in 1951.

The UCC has evolved over the last forty years and revisions adopted by the NCCUSL in response to changing commercial conditions have been submitted to the states for consideration. The State …

The Practitioner's Guide To Uncertified Securities Under The Revisions To Article 8 In Georgia, Shawn M. Story

Mercer Law Review

The Corporate and Banking Law Section of the Georgia Uniform Commercial Code Committee has recommended to the Georgia General Assembly that the use of uncertificated securities be made available to Georgia companies by adoption of Article 8 of the Uniform Commercial Code ("U.C.C.") as revised in 1977. The 1977 version of U.C.C. Article 8 provides for the issuance of uncertificated securities and governs the transfers, security interests, and rights of creditors involved with such securities. Uncertificated securities are presented as a solution to the amount of paperwork and time expended with the use of certificates. By enabling participants in the …

The Uniform Commercial Code: Will The Experiment Continue?, Fred H. Miller

Mercer Law Review

The first meeting of what was to become the National Conference of Commissioners on Uniform State Laws ("NCCUSL") was held on August 24, 1892, at Saratoga Springs, New York. The purpose was to explore methods for obtaining uniformity of state legislation to compliment what could be accomplished on the federal level. At this date, the Conference perceived that the power of the federal government was severely limited in dealing with many matters of state concern, and a viable alternative to attempting to obtain state laws to cover such. matters through agreement among the several states, a task many perceived almost …

The Revision Of U.C.C. Articles Three And Four: A Process Which Excluded Consumer Protection Requires Federal Action, Mark E. Budnitz

Mercer Law Review

The 1990 official revision to Articles 3 and 4 of the Uniform Commercial Code ("U.C.C.") represents a major failure in process. A crying need exists for a comprehensive national reevaluation of the law of payment systems as it affects all consumers. Instead, the sponsors of the revisions, the American Law Institute and the National Conference of Commissioners on Uniform State Laws, chose to exclude entirely issues of concern to consumers. The failure of process, however, goes beyond this omission. Recent developments in the provision of government benefits to those without bank accounts raise the question whether the uniform state laws …

U.C.C. Article Two Warranty Disclaimers And The "Conspicuousness" Requirement Of Section 2-316, Bernard F. Kistler Jr.

Mercer Law Review

Under Uniform Commercial Code ("U.C.C.") section 2-314, a warranty that goods are "merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind." Among other definitions, this means that the goods will be "fit for the ordinary purposes for which such goods are used." A warranty of merchantability is implied in every contract for sale, "[uinless excluded or modified," because the expectation that goods will be fit for their ordinary purpose "is so commonly taken for granted that its exclusion from the contract is a matter threatening surprise and …

The Federal Courts In The Political Order: Judicial Jurisdiction And American Political Theory, James Hopenfeld

Michigan Law Review

A Review of The Federal Courts in the Political Order: Judicial Jurisdiction and American Political Theory by Martin H. Redish

Murdering The Spirit: Racism, Rights, And Commerce, Robin West

Michigan Law Review

A Review of The Alchemy of Race and Rights: The Diary of a Law Professor by Patricia L. Williams

Lying: A Failure Of Autonomy And Self-Respect, Jane Zembaty

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1992.

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber

Reforming Products Liability, Suzanne M. Lambert

Michigan Law Review

A Review of Reforming Products Liability by W. Kip Viscusi

Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace

University of Miami Law Review

No abstract provided.

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin

Oh No! A New Bluebook!, James D. Gordon Iii

Michigan Law Review

A Review of The Bluebook: A Uniform System of Citation

The Impact Of Taiwan's Political Reform On Its Mainland China Policy: Pragmatic Economic Relations And Conflicting Political Ideology, Lawrence B. Weiner

Washington International Law Journal

For nearly forty years, the Republic of China on Taiwan (ROC), acting under the Kuo Min Tang (KMT), or Nationalist Party, and the People's Republic of China (PRC), acting under the Chinese Communist Party (CCP), have ruled separate provinces across the Taiwan Straits, each claiming legitimate rule over China. During that entire time, neither side rescinded its threat to use military force, and the mainland regularly shelled islands controlled by the ROC. Recent events, however, have significantly altered relations between the two Chinas. In 1987, immediately after the ROC government repealed martial law, Taiwan residents were allowed to visit the …

The Meaningful Representation Of Children: An Analysis Of The State Bar Association Law Guardian Legislative Proposal, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

This article will outline the background and history of the law guardian system, summarize the Task Force proposal and analyze the proposal's effects. The intent is to present a synopsis of the issues addressed by the proposal, which has been forwarded to the Legislature for consideration during the 1992 session.

Vol. 02, No. 09 (May 1992)

Res Ipsa Loquitur

No abstract provided.

Shadowboxing: An Essay On Power , Richard Delgado

Cornell Law Review

No abstract provided.