Law Commons^™

Flying The Unfriendly Skies: A Year Of Reorganizing Airlines, Aircraft Lessors, And The Bankruptcy Code, Anthony Michael Sabino

Journal of Air Law and Commerce

No abstract provided.

Jet Fuel Taxation: Current State Approach And The Need For Congressional Limitations, Robert L. Mandel

Journal of Air Law and Commerce

No abstract provided.

Obstacles To Increasing Airspace: Jumping Through Environmental Law Hoops, Tom Jr. Neuhoff

Journal of Air Law and Commerce

No abstract provided.

Perfecting The Special Use Election: Congress Giveth, And The Service Taketh Away, Mark R. Gillett

Faculty Articles

No abstract provided.

Civil Rights Procedural Problems, Carl W. Tobias

Law Faculty Publications

Congress passed the Civil Rights Act of 1991 primarily to modify numerous Supreme Court opinions of the 1988 Term that jeopardized the rights of minorities and women. Particularly striking about those Supreme Court cases was the number which involved procedural questions and process values. These included the timing of litigation, both when employment discrimination victims must commence actions and when non-parties can reopen civil rights cases resolved through consent decrees; litigant responsibility for the expense of lawsuits; and proof requirements.

Most of the procedural developments in civil rights and employment discrimination litigation of the 1988 Term, however, were only recent …

Islamic Constitutionalism And The Concept Of Democracy, Azizah Y. Al-Hibri

Law Faculty Publications

This article will discuss select, basic principles of Islamic law relating to democratic governance, pointing out in the process certain areas of disagreement surrounding them in the literature and the grounds for such disagreements. Part II of this article presents a brief overview of Islamic law in order to provide a foundation for later discussion. The article then assesses the Islamic system of government in light of two major principles of Western democracies. They are (1) the principle that the will of the people shall be the basis of the authority of the government (Principle A) and (2) the principle …

Protecting The Right To Live In Isaiah's Brave New World, Jonathan K. Stubbs

Law Faculty Publications

No abstract provided.

Amending The Other Party Joinder Amendments, Carl W. Tobias

Law Faculty Publications

Comparatively little controversy attended the semi-annual meeting of the Civil Rules Advisory Committee which was held in late November, 1991. During that meeting, however, the Committee preliminarily considered the prospect of amending Federal Rule of Civil Procedure 23, which governs class actions.

The Advisory Committee is now contemplating possible revision of Rule 23 governing class actions. If that effort proceeds, the Committee should seriously consider reexamining Rules 19 and 24(a)(2), the other two party joinder provisions that were simultaneously changed and integrated with Rule 23 more than a quarter-century ago. This would enable the Committee to propose an integrated package …

Civil Justice Reform Roadmap, Carl W. Tobias

Law Faculty Publications

All three branches of the federal government have instituted initiatives aimed at reducing expense and delay in civil litigation. On October 23, 1991, President Bush issued an Executive Order that imposes a number of requirements on government lawyers who participate in civil litigation. During February 1992, the Administration sponsored introduction of the Access to Justice Act, its legislative proposal for civil justice reform. The bill did not pass, because it included certain provisions that apparently proved unacceptable to many members of the House and Senate.

Regardless of how the controversy over civil justice reform is ultimately resolved, the reform effort …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Masthead, Volume 42 Issue 1 (1992)

Case Western Reserve Law Review

No abstract provided.

Smoking And Parenting: Can They Be Adjudged Mutually Exclusive Activities, Victoria L. Wendling

Case Western Reserve Law Review

No abstract provided.

In Re Mansfield Tire & Rubber Company: A Penalty By Any Other Name Is Not A Penalty, Laurie F. Humphrey

Case Western Reserve Law Review

No abstract provided.

The Sullivan Case: A Direct Product Of The Civil Rights Movement, Fred D. Gray

Case Western Reserve Law Review

No abstract provided.

An Epistemological Approach To Class Certification: A Classy Understanding Of The Problems Of Class Certification, Michael C. Protos

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 43 Issue 1 (1992)

Case Western Reserve Law Review

No abstract provided.

Dispensing With Wills' Act Formalities For Substantively Valid Wills, J. Rodney Johnson

Law Faculty Publications

This article's thesis is that if it can be established by clear and convincing evidence (i) that a writing was intended to be a will, (ii) that the putative testator had the requisite capacity, and (iii) that the writing was not the product of fraud, duress or undue influence, then the writing ought to be admitted to probate as a will, even though it might fail to comply with some of the formalities contained in the statute of wills. Those who accept this thesis will agree that the present practice ofrequiring strict compliance with the formalities of the statute of …

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 1 (1992-93)

Cardozo Journal of International and Comparative Law

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 1, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Acknowledgments

Cardozo Journal of International and Comparative Law

No abstract provided.

Introduction, Frank Macchiarola

Cardozo Journal of International and Comparative Law

No abstract provided.

An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland

Cardozo Journal of International and Comparative Law

The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …

Privatization And Economic Rights In Central Europe, Robert Jystad

Cardozo Journal of International and Comparative Law

The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …

The United States' Approach To Trade With Poland, Hungary And Czechoslovakia: Exports, Export Financing And Multilateral Relations, Giovanna M. Cinelli

Cardozo Journal of International and Comparative Law

No abstract provided.

Accelerating Privatization In Eastern Europe: The Case Of Poland, Jeffrey D. Sachs

Cardozo Journal of International and Comparative Law

The need to accelerate privatization is the paramount economic policy issue facing Eastern Europe. If there is no breakthrough in the privatization of large enterprises in the near future, the entire process could be stalled for years to come. Privatization is urgent and politically vulnerable; such international institutions as the World Bank and the European Bank for Reconstruction and Development can help speed the process byprovidingfinancial and technical support for the key operations of mass privatization. Because most of the effort in the next few years will involve industrial firms that are already subject to domestic or international competition, privatization …

Address Of His Excellency, Mikhail Sergeyovich Gorbachev

Cardozo Journal of International and Comparative Law

No abstract provided.

The Unplanned Society: Poland During And After Communism; Janine R. Wedel, Ed., Sophia Drewnowski

Cardozo Journal of International and Comparative Law

No abstract provided.

Right Of Privacy - A Look Through The Kaleidoscope, Arthur R. Miller

SMU Law Review

No abstract provided.

Partnerships, Steven A. Waters, Matthew D. Goetz

SMU Law Review

No abstract provided.

Criminal Law, Chuck Miller, Lisa Dotin, Kathryn Holland

SMU Law Review

No abstract provided.