Law Commons^™

Not Guilty By Reason Of Victimization, Susan Rutberg

Publications

As criminal defense lawyers we are privy to our clients' psycho-social histories in a way that others in the system are not. We have a responsibility to educate judges and juries about the relevance of traumatic events to the formationof specific intent, and to the significance of PTSD as a factor in mitigation at sentencing. We do much more for our clients if we can bring this information to light early on, as part of our representation of first-time offenders. While the PTSD defense has been employed almost exclusively in homicide cases, we must not hold this defense in reserve …

Prop. 65 Warnings: Do They Fulfill The Intent Of The Law?, Clifford Rechtschaffen

Publications

It is over three years since regulations amending the Proposition 65 warning regulations were first proposed by the Health and Welfare Agency. After a half dozen drafts and innumerable public workshops, the chances of substantial changes being made to the regulations before the 1994 elections now seem virtually nil.

Romania's Rapid Rule Of Law, Clifford Rechtschaffen

Publications

No abstract provided.

Sculptors And The Resale Royalty, Thomas Goetzl

Publications

No abstract provided.

The Right To Food And Freedom From Hunger In The Past Sixth Of A Century, Sompong Sucharitkul

Publications

It is proposed in the present paper to examine the process of practical implementation of the "right to food" as a human right and "the right to be free from hunger" or in a more fashionable parlance "freedom from hunger". Both aspects of this fundamental freedom or basic right can be found enshrined in paragraphs 1 and 2 of Article 11 (Basic Needs) of the United Nations Covenant on Economic, Social and Cultural Rights 1966 (hereinafter "the Covenant"). Our enquiry will cover the period following the Hague Lectures of President Eduardo Jimenez de Arichaga so as to complete the half …

Limitations On Use Of The California Homestead Exemption In Bankruptcy Cases: The Case For Following In Re Pladson, Leslie Burton, Jeffrey C. Wurms

Publications

Two decisions, a 1991 California Court of Appeal decision, Spencer v. Lowery, and a 1993 United States District Court for the Northern District of California decision, In re Pladson, severely restricted the homestead exemption available in bankruptcy cases filed in California. Some bankruptcy courts have refused to follow the Spencer and Pladson cases and the California Legislature has passed new legislation on the use of the homestead exemption in bankruptcy. This article will explore the background and rationale of the decisions and the legislative scheme, and offer support for limiting the Homestead exemption in bankruptcy cases.

The New New International Economic Order: Private International Law, Helen E. Hartnell

Publications

The domain of international law has expanded to encompass matters traditionally thought to be within domestic jurisdiction via private international law (PIL) conventions and related phenomena. I wish to refer broadly to the unification and harmonization of legal rules and procedures governing the relations between private parties. This is by no means a new phenomenon; it is not only going strong, but growing stronger. My goal today is not to survey current developments in this field so much as to reflect upon some pervasive themes.

A Constitution In Conflict: The Doctrine Of Independent State Grounds And The Voter Initiative In California, Rachel A. Van Cleave

Publications

Part I of this Article discusses the fundamental nature of the rights found in California's Declaration of Rights, and the need to maintain their stability. It also discusses the problems inherent in forcing the interpretation of California rights to follow federal interpretations. Part II traces the development of the independent state grounds doctrine in the United States, and specifically, in California. Part III explains the history and procedure of the voter initiative in California, while Part IV analyzes how Propositions 8 and 115 have limited the ability of the California judiciary to give independent meaning to California's Declaration of Rights. …

The Conservation/Free Trade Debate Resurfaces: The Uncertain Intersection Of The 1992 Driftnet Fisheries Act And Gatt, Paul S. Kibel

Publications

This Comment will explore the legal relationship between GATT and United States environmental legislation, employing the 1992 Driftnet Fisheries Act as an analytic focus.

Part I analyzes the 1991 GAIT panel decision, with special attention given to those GATT provisions which were found inconsistent with the MMPA. Part II discusses the international and domestic response to the panel decision. Part III summarizes the 1992 Driftnet Fisheries Act, focusing on the reasons for its adoption and the trade sanctions it contains. Part IV reveals potential inconsistencies between the 1991 GATT panel decision and the Driftnet Fisheries Act. Part V addresses the …

Asean And The Environment, Sompong Sucharitkul

Publications

This is part of a series of studies devoted to the Association of South-East Asian Nations (ASEAN), a dynamic regional organization for social, cultural and economic cooperation. This year marks the coming of age of the process of codification and progressive development of international law in the fields of environmental protection since the United Nations Conference on the Human Environment at Stockholm on June 5-16, 1972.

Association Agreements Between The Ec And Central And Eastern European States, Helen E. Hartnell

Publications

Association agreements that establish increased trade, dialogue and cooperation between the EC and the countries of Central and Eastern Europe have proliferated in recent years. Yet still the relationship between the EC and countries in this region has been characterized by a significant degree of mutual misunderstanding and dissatisfaction. On one side, the high expectations of the Central and East European countries are reflected in their equally high disappointment levels vis-a-vis the EC. And on the other side, one senses that the EC grows weary of what it perceives as complaints and ingratitude.

Against this background, I propose to examine …

Saybrook Manufacturing: Is Cross-Collateralization Moot?, Karen Gebbia, Lawrence E. Oscar

Publications

This article examines the Saybrook decision in the context of prior case law and the general principles underlying the Code. The first section lays the foundation for an analysis of Saybrook by identifying the fundamental tenets of the Code and outlining the protections available under the Code to preserve secured creditors' property interests in their collateral and to induce lenders to provide DIPs with new credit. The next section defines cross-collateralization, analyzes the Saybrook decision in the context of prior case law, and considers whether cross-collateralization is permissible under the Code's express provisions and general policies. The authors conclude that …

The Breadth Of Context And The Depth Of Myth: Completing The Feminist Paradigm, Emily Calhoun

Publications

No abstract provided.

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.

Silence And The Word, Paul Campos

Publications

No abstract provided.

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.

How To Do Things With The First Amendment, Pierre Schlag

Publications

No abstract provided.

Girls Should Bring Lawsuits Everywhere . . . Nothing Will Be Corrupted: Pornography As Speech And Product, Marianne Wesson

Publications

No abstract provided.

New Rule 50 May End Directed Verdicts For Plaintiffs, Michael J. Waggoner

Publications

No abstract provided.

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Publications

No abstract provided.

Peremptory Challenges: Free Strikes No More, H. Patrick Furman

Publications

No abstract provided.

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.

Some Worries About Sentencing Guidelines, William T. Pizzi

Publications

No abstract provided.

Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser

Publications

No abstract provided.

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff

Publications

No abstract provided.

Shaw V. Reno: On The Borderline, Emily Calhoun

Publications

No abstract provided.

Advocacy And Scholarship, Paul F. Campos

Publications

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it has …

Three Mistakes About Interpretation, Paul Campos

Publications

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …