Law Commons^™

Making Certain Technical Corrections, United States Congress, Us Senate

US Government Documents related to Indigenous Nations

This report from the United States (US) Senate Committee on Indian Affairs dated November 19, 1993, was written to accompany US Senate Bill 1654 which proposes technical corrections to Indian laws. The report specifies that US Senate Bill 1654 proposes to extend the deadline for the sale of lands to their former owners (per the specifications of US Public Law 102-575 which contains the “Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act”). US Senate Bill 1654 became US Public Law 103-263 on May 31, 1994.

Constitutional Design And Law: The Political Economy Of Cabinet And Congressional Government, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The dissertation takes a political economy approach to constitutional design and legislation in the Westminster (Cabinet) and US (Congressional) models of government. Part I develops the economics of comparative political organization by constructing a theoretical framework for analyzing constitutional design. Part II applies the framework to distinguish the essences of the Cabinet and Congressional systems of constitutional design in the contexts of US and Canadian federal government. Part III analyzes the effects of the different constitutional designs on the processes of legislating in each system and on the substantive characteristics of legislation in each system. The analysis is subjected to …

The Hazardous Waste Land, Jerry L. Anderson

Jerry L. Anderson

This article was one of the first comprehensive critiques of the Superfund remediation and liability system. The article addresses systemic problems with the CERCLA mechanism that result in inequity and slow the pace of cleanups.

Maine Women's Lobby News Letter (1993 - November) No. 5, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Unspeakable Suspicions: Challenging The Racist Consensual Encounter, Peter Schoenburg, Risa Evans

Law Faculty Scholarship

[Excerpt] "In recent years, law enforcement officials have honed a new technique for fighting the "War on Drugs:" the suspicionless police sweep of stations and vehicles involved in interstate mass transportation. Single officers or groups of officers approach unfortunate individuals in busses, trains, stations and airline terminals. A targeted traveller is requested to show identification and tickets, explain the purpose of his or her travels, and finally, at times, to consent to a luggage search. As long as "a reasonable person would understand that he or she could refuse to cooperate," the encounter between the law-enforcement official and the traveller …

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …

Religious Contributions In Public Deliberation, Jeremy Waldron

San Diego Law Review

This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …

Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild

San Diego Law Review

This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.

San Diego Law Review

This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …

Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.

Two-Part Marginal Cost Pricing Equilibria With N Firms: Sufficient Conditions For Existence And Optimality, Aaron S. Edlin, Mario Epelbaum

Aaron Edlin

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Landscape Architecture & Regional Planning Faculty Publication Series

No abstract provided.

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Brief On The Bicycle-Pedestrian Pathway Dedication By The Rails-To-Trails Conservancy, The League Of American Bicyclists, The Bicycle Federation Of Oregon, National Wildlife Federation, And The American Society Of Landscape Architects As Amici Curiae In Support Of Respondent. Florence Dolan V. City Of Tigard, In The Supreme Court Of The United States, Andrea Ferster, Elizabeth A. Brabec, Glenn P. Sugamelli, Daniel L. Rabinowitz

Elizabeth Brabec

No abstract provided.

Cultural Identities And Global Political Economy From An Anthropological Vantage Point, Davydd J. Greenwood

Indiana Journal of Global Legal Studies

No abstract provided.

Santa Clara Magazine, Volume 36 Number 1, Fall 1993, Santa Clara University

Santa Clara Magazine

10 - DISCONNECTED A loss of continuity and connectedness could be the price we pay for this era of decentralized, customized technology. By Timothy J. Lukes

14 - STRETCHED TO THE LIMIT Private colleges scramble to control financial aid costs, and families struggle with too few aid dollars to go around. Here are the stories of four families who have worked in partnership with the University to make it through. By Elizabeth Fernandez '79, Overview by Elise Banducci '87

23 - THE MORAL LIFE In his recent encyclical, the pope speaks out on human nature, Christian boundaries, and universal truths. …

Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck

Indiana Law Journal

No abstract provided.

Putting It Together: Implications And Directions—Clashing Cultures, Clashing Economies, Clashing Values, Ed Marston

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

6 pages.

Contains references.

Ozgur 1993 Turkiye'nin Ozel Cevre Koruma Bolgeleri Politikasi (Specially Protected Areas Policy Of Turkey) Türkiye'nin Özel Çevre Koruma Bölgeleri Politikası: Foça Örneği, Huseyin Ozgur Prof.Dr.

Huseyin Ozgur Prof.Dr.

Specially protected areas (SPAs) in Turkey were initiated in 1990 with the special interest of Prime Minister Turgut Özal and pressure from international agreements signed by Turkish Government. As of 1992, there were 12 SPAs in 5 provinces, most of them were on shorelines of lakes or seas. The decision making of SPAs policy in Turkey fit to muddling through. It helped to protect special and sensitive areas to be protected. All these SPAs had several small settlements and controversial usages of the land and water areas. The policy helped to control dense and uncontrolled settlements however created issues on …

The Human Costs Of Nafta, Melvin Burke

School of Economics Faculty Scholarship

The proposed North American Free Trade Agreement between the United States, Canada, and Mexico is the logical and perhaps inevitable extension of the 1989 Free Trade Agreement between the United States and Canada. Both agreements are controversial, and massive public opposition exists in all three countries—for good reasons, as we shall see. The citizens of these three nations have never been provided with a credible explanation of the need for NAFTA. Contrary to the proclamations of NAFTA's proponents, there are no guarantees that the supposed benefits ofthe free trade agreement will be realized, nor is it clear who will gain …

Author Index To Volume Four, Risk Editorial Board

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

Index by author to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.

Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan

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

When faced with a risk for which an inexpensive solution is available, individuals often choose the risk rather than the solution. Protection from certain kinds of risks, e.g., using seat belts or condoms or insulating against radon, is largely under personal control, but individuals often choose not to comply with behaviors which would reduce the risk. The Theory of Reasoned Action (TRA) has been used to predict when individuals will comply. The authors attempted to validate aspects of the TRA by the use of scenarios. Factor analysis of their data supports the theory that intention is a major determinate of …

Title Index To Volume Four, Risk Editorial Board

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

Title index to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.

Book Review, Angela V. Tafro

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

Review of: VICE PRESIDENT AL GORE, EARTH IN THE BALANCE: ECOLOGY AND THE HUMAN SPIRIT. (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92- 34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]

Index Of Book Reviews For Volume Four, Risk Editorial Board

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

Index to book reviews published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.