Law Commons^™

The Golden State Of Labor Preemption: The Circuit Courts Have Gone Too Far, Tod A. Cochran

UC Law Journal

The doctrine of preemption is widely considered to be the most confusing area in labor law. In 1986, the Supreme Court changed the preemption playing field with its holding in Golden State Transit Corporation v. City of Los Angeles. Golden State and the circuit court interpretations of it expand the degree to which state and local actions are preempted by the National Labor Relations Act (NLRA). This Note argues that many of the circuit decisions have misinterpreted the Golden State doctrine in ways that expressly disadvantage workers and frustrate the principles of the NLRA.

A coherent analytical framework has yet …

Electing The U.N. Secretary-General After The Cold War, Joakim E. Parker

UC Law Journal

This Note examines the rules governing the election of the United Nations Secretary-General. The rules, developed at the nascency of the Cold War, reflect an effort to accommodate superpower conflicts, and seem to contradict the broad principles that guided the development of the United Nations Charter.

This Note argues that the electoral rules are the catalyst for the regionalism, deadlock, and political maneuvering that plague elections of the Secretary-General. These problems, and the realities of a changing global political order, affirm the need to alter the electoral rules. The Note proposes a redefinition of each stage of the election, using …

Competition Law And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Bankruptcy-Based Discrimination, Douglass G. Boshkoff

Articles by Maurer Faculty

No abstract provided.

Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Court Reform: A View From The Bottom, Julia C. Lamber, Mary Lee Luskin

Articles by Maurer Faculty

No abstract provided.

Book Review: The Greater Yellowstone Ecosystem: Redefining America's Wilderness Heritage, By Robert B. Keiter And Mark S. Boyce (Eds)., Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

State Constitutional Analyses Of Public School Finance Reform Cases: Myth Or Methodology?, Jonathan Banks

Vanderbilt Law Review

The public education system in the United States fails to educate economically disadvantaged children. Students from poor families are more likely to repeat grades,' to have below average basic academic skills, to drop out of school, and to forego attending college. These gaps in educational achievement translate into an inability to compete effectively in the employment market place. In an attempt to remedy these inequalities, plaintiffs have attacked the most obvious source of disparity: state school financing schemes.

Rape And Responsibility, Lynne Henderson

Articles by Maurer Faculty

I am a "lucky" survivor of a rape committed by a stranger - "lucky", because people believed me, a jury convicted the man of raping me, and he is still in prison ten years later. I know many women who have been raped who were not so fortunate, because they believed the rape was their fault, because no one else believed them, because they knew their rapist, or because they were married to him and it wasn't a crime. We share some things - the anger, the pain, the anguish, the fear - and not others; nevertheless, this is what …

Some Problems With "Origins", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Developments In The Law Of Evidence, Sophia Goodman, Henry C. Karlson, Kathleen M. Mulligan

Articles by Maurer Faculty

The purpose of this Article is to alert Indiana practitioners to significant 1991 developments in the law of evidence. The Article first discusses Indiana developments. It then briefly highlights Seventh Circuit and United States Supreme Court decisions of note.

Mandatory Planning For Divorce, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Fetal Protection Policies No Longer A Bona Fide Occupational Qualification Defense? International Union, Uaw V. Johnson Controls, 111 S. Ct. 1196 (1991)., Theresa M. Scannell

Marquette Law Review

No abstract provided.

The World Of Law, Science And Medicine, According To George P. Smith, Ii, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

The Chancery Court Of Nova Scotia: Jurisdiction And Procedure 1751-1855, Jim Cruickshank

Dalhousie Journal of Legal Studies

The Court of Chancery in Nova Scotia enjoyed a history that may best be described as a progression from obscurity to infamy. During its first half-century, the Court operated with an intermittent caseload and remained out of the public eye. During its final years, the Court came under increasing public criticism as an unnecessary and inefficient institution. This paper seeks to delve behind these criticisms to ask two questions: what did the Court do and how did it do it? This inquiry into jurisdiction and procedure is undertaken with the criticisms of the Court in mind. Indeed, I hope that …

Deconstruction And Marxism: Implications For Legal Theory, Michael G. Mcquade

Dalhousie Journal of Legal Studies

Let us pretend that two people, one a Marxist political theorist and the other a deconstructionist literary theorist, come across a sign bearing the above epigram from Anatole France. The Marxist theorist interprets the sign from a politico-economic perspective and concludes that 'law reflects the interest of the ruling class, and is a means of perpetuating a social order.' The deconstructionist theorist says, 'this sign reflects the prevailing ontological and epistemological perspectives, in that it accepts both the existence of a thing called 'law' per se, and that the world consists of a series of oppositional pairs' (here, for example, …

The Gitksan-Wet' Suwet'en As 'Primitive' Peoples Incapable Of Holding Proprietary Interests: Chief Justice Mceachern's Underlying Premise In Delgamuukw, B. Douglas Cox

Dalhousie Journal of Legal Studies

In May of 1987, the Gitksan aboriginal people entered the Canadian legal system to seek justice. It was an unprecedented opportunity for Chief Justice McEachern of the British Columbia Supreme Court to find a just and lawful process to place the Gitksan within the context of Canada. Almost four years later, the Chief Justice handed down his "Reasons for Judgement" in Delgamuukw et al. v. The Queen (8 March 1991). The decision in Delgamuukw was a stunning disappointment. The Chief Justice concluded that according to Anglo-European law the Royal Proclamation of 1763 does not apply in British Columbia and that …

Law And The Community: The End Of Individualism?, Subrata Bhattacharjee

Dalhousie Journal of Legal Studies

Book review of Law and the Community: The End of Individualism? by A.C. Hutchinson & L.J.M. Green, eds. and published by Carswell (Toronto), 1989. (297 pp.)

The Separation Of Powers, Institutional Responsibility, And The Problem Of Representation, Richard A. Champagne Jr.

Marquette Law Review

No abstract provided.

Hauerwas On Religious Freedom, John H. Garvey

Scholarly Articles

No abstract provided.

Simplifying International Jurisdiction For United States Transfer Taxes: Retain Citizenship And Replace Domicile With The Green Card Test, Robert J. Misey Jr.

Marquette Law Review

No abstract provided.

Sticks And Stones May Break My Bones, But Words Can Never Hurt Me: Regulating Speech On University Campuses, Steven R. Glaser

Marquette Law Review

No abstract provided.

The Background Of The New Mississippi Business Corporation Act, Robert W. Hamilton

MC Law Review

Mississippi Focus

Sobriety Checkpoints: A Constitutional Faux Pas - Michigan Department Of State Police V. Sitz, Michael K. Graves

MC Law Review

Notes

Table Of Contents-Issue 2, Mc Law

MC Law Review

Table of Contents - Issue 2

The Role Of Theorists In Constitutional Cases, Abner J. Mikva

University of Colorado Law Review

No abstract provided.

Does The United States Need An Establishment Clause?: God Loveth Adverbs, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Coping With A Turbulent Environment: Development Of Law Firm Training Programs, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation Of Ecosystems, Harmful Conditions And Emergency Situations, And Protection Of Water Installations, Ved P. Nanda

Colorado Environmental Law Journal

No abstract provided.

Observations On The International Law Commission's Draft Rules On The Non-Navigational Uses Of International Watercourses: Articles 1–4, Robert D. Hayton

Colorado Environmental Law Journal

No abstract provided.