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Articles 7351 - 7380 of 7926
Full-Text Articles in Law
Pollution And Hazardous Waste On Indian Lands: Do Federal Laws Apply And Who May Enforce Them?, Teresa A. Williams
Pollution And Hazardous Waste On Indian Lands: Do Federal Laws Apply And Who May Enforce Them?, Teresa A. Williams
American Indian Law Review
No abstract provided.
The Cherokee Cases: The Fight To Save The Supreme Court And The Cherokee Indians, Ronald A. Berutti
The Cherokee Cases: The Fight To Save The Supreme Court And The Cherokee Indians, Ronald A. Berutti
American Indian Law Review
No abstract provided.
De Novo Review: An Alternative To State And Federal Court Jurisdiction Of Non-Indian Minor Crimes On Indian Land, Ted Wills
American Indian Law Review
No abstract provided.
Address: To Do The Right Thing: Reaffirming Cherokee Traditions Of Justice Under Law, Rennard Strickland
Address: To Do The Right Thing: Reaffirming Cherokee Traditions Of Justice Under Law, Rennard Strickland
American Indian Law Review
No abstract provided.
Aboriginal Claims To Cultural Property In Canada: A Comparative Legal Analysis Of The Repatriation Debate, Catherine Bell
Aboriginal Claims To Cultural Property In Canada: A Comparative Legal Analysis Of The Repatriation Debate, Catherine Bell
American Indian Law Review
No abstract provided.
A New Corridor For The Maze: Tribal Criminal Jurisdiction And Nonmember Indians, William V. Vetter
A New Corridor For The Maze: Tribal Criminal Jurisdiction And Nonmember Indians, William V. Vetter
American Indian Law Review
No abstract provided.
The Policy Choices Tribes Face When Deciding Whether To Enact A Water Code, Thomas W. Clayton
The Policy Choices Tribes Face When Deciding Whether To Enact A Water Code, Thomas W. Clayton
American Indian Law Review
No abstract provided.
The Zuni Quest For Repatriation Of The War Gods: An Alternative Basis For Claim, Adele Merenstein
The Zuni Quest For Repatriation Of The War Gods: An Alternative Basis For Claim, Adele Merenstein
American Indian Law Review
No abstract provided.
One Is Missing: Native American Graves Protection And Repatriation Act: An Overview And Analysis, June Camille Bush Raines
One Is Missing: Native American Graves Protection And Repatriation Act: An Overview And Analysis, June Camille Bush Raines
American Indian Law Review
No abstract provided.
Book Review: American Indian Water Rights And The Limits Of Law By Lloyd Burton, Edward Janecek Iii
Book Review: American Indian Water Rights And The Limits Of Law By Lloyd Burton, Edward Janecek Iii
American Indian Law Review
No abstract provided.
Speaking Of Rights, Janet Ainsworth
Speaking Of Rights, Janet Ainsworth
Faculty Articles
Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.
The Innocent Spouse Rules, Richard C.E. Beck
Dilemmas Of Justice, Ruti G. Teitel
Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Sexual Predator Law: The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Faculty Articles
The Washington sexually violent predator commitment law presents some of the types of arbitrary legal processes that permeate Franz Kafka's The Trial.
A Modern Proposal, Sidney Delong
A Modern Proposal, Sidney Delong
Faculty Articles
This article humorously explains Jonathan Swift’s intention when he wrote “A Modest Proposal for Preventing the Children of Ireland from Being a Burden to Their Parents or Country.” Swift was not writing satirically, his analysis was purely written from an economic standpoint as was Landes and Posner’s modern proposal. Landes and Posner recognized the allocative efficiencies and wealth gains that can be realized when property rights are created in noncommodities, such as people, as did Jonathan Swift.
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Faculty Articles
The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her article, Professor Ainsworth asserts that the way in which Western scholars to date analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship. Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. This …
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Faculty Articles
Professor O’Kelley comments on a familiar problem in the law of closely held business associations - the alleged exploitation of weaker or minority investors by stronger or majority participants. The fact pattern is simple. At the outset of the cooperative venture, a stronger participant assumes the role of proprietor, partner, or majority shareholder, while the weaker participant assumes the role of agent, partner, or minority shareholder. For whatever reason, the venturers do not explicitly guarantee or protect the weaker participant’s right to income or continued participation in the venture. Consequently, at some later date the stronger participant reduces or eliminates …
Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee
Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee
Faculty Articles
Professor McGee introduces two papers submitted to the 1990 UCLA School of Law seminar entitled Law and Development in Latin America. The first paper, written before the onset of negotiations for a free trade treaty between Mexico and the United States, deals with the then new regulations of the Mexican Secretary of the Treasurer (Secretaria de la Hacienda) designed to sweep away a labyrinth of rules and procedures which had traditionally vexed foreign investors who dealt with the Mexican bureaucracy. The second paper concerns the irony which inheres in Mexico's treatment of Central American immigration, a problem relatively undiscussed in …
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Faculty Articles
This article develops a more refined transaction-cost based theory which explains: why rational investors in jointly owned, closely held firms initially choose corporate form; why they leave the contractual gaps that they do; and how efficiency-minded judges should respond to postharmony disputes made possible by the form chosen and the gaps left. Professor O’Kelley’s theory takes into account not only the possibility that investors should have chosen partnership law, but also the advantages and disadvantages of organizing production as an implicit team, via long-term contracts between separate businesses or as a sole proprietorship. In explicating this theory of form choice, …
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
Faculty Articles
This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are "searches" and/or "seizures," and in these courts' Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of …
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Faculty Articles
Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia
LLM Theses and Essays
This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.
The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy
The Deregulated Airline Industry: Legal Challenges For The Nineties, Vijayesh D. Roy
LLM Theses and Essays
The United States is one of the few nations where private airline ownership and more than one carrier are permitted, but traditionally the airline industry was heavily regulated by the Civil Aeronautics Board (CAB) with direct regulation of routes, rates, entry, and exit. However with the Airline Deregulation Act of 1978 and the International Air Transportation Competition Act of 1979, Congress removed many restrictions on the airline industry and allowed airlines to make their own economic decisions and operate as traditional commercial enterprises. Although deregulation has produced many benefits like improved efficiency, reduced costs, and a wider range of services, …
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
Policy And Legal Aspects Of Technology Transfer From The United States To China, Yongman Zhang
LLM Theses and Essays
One of the major international transactions today is the transfer of technology between nations. Because the U.S. and China are on opposite ends of the technology spectrum, one an advanced technological nation and the other technologically backward, they make excellent trading partners of technology. China’s history of self-reliance and its modern Open Door policy to realize its Four Modernizations are reviewed. This policy of openness is the key to the modernization of China’s economy through the importing of foreign technology. Likewise, the evolution of U.S. policy toward trade with China is analyzed. The U.S. has moved from a policy of …
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
Reinsurance: Bad Faith Considerations And Insolvency Dilemma, Hui-Ju Hsieh
LLM Theses and Essays
Reinsurance is insurance that an insurance company purchases from another insurance company. The original insurance company is called the reinsured, and the insurance company that is contracted is called the reinsurer. The main purpose of reinsurance is to disperse or spread the risk of loss. The reinsurance relationship is frequently characterized as an exercise of fiduciary responsibility based upon an undertaking of utmost good faith between contracting parties. However, disputes arise; most litigation involving reinsurance has been between reinsurers and persons not party to the reinsurance agreement. This paper’s first major area of discussion is the relationship between the reinsurer …
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Kuwayaway
LLM Theses and Essays
The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …
Privatization: A Way To Rethinking The Role Of Government, Abdelsamie E. Elfadil
Privatization: A Way To Rethinking The Role Of Government, Abdelsamie E. Elfadil
LLM Theses and Essays
This LL.M. thesis provides a comprehensive analysis of privatization as an economincally-sound strategy for the provision of public goods and services. The work begins by providing a robust backdrop of the privatization phenomenon by tracing its theoretical foundations, competing defintions, and analyzing the principal techniques of implementation—including divestiture through public share offerings and private sales, load shedding, vouchers, freemarket, user fees, franchise agremeents, and contracting out. The thesis then examines privatization as a means of reducing government size, the potential for franchise agreements to serve as an alternate appoach to public service delivery, and, finally, the critical legal issues arising …