Law Commons^™

The Trial Of Oliver Wendell Holmes, Rodney A. Smolla

Scholarly Articles

Not available.

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

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Not available.

Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis

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None available.

West On Story And Theory, Lewis H. Larue

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The Problem Of Theory In Poethics, Lewis H. Larue

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Organized Crime And Prohibition: What Difference Does Legalization Make?, Nora V. Demleitner

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None available.

Forced Prostitution: Naming An International Offense, Nora V. Demleitner

Scholarly Articles

This paper presents an argument for recognizing “forced prostitution” as an international of- fense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women’s customers can be held criminally liable. While the international debate has at- tempted to characterize forced prostitution as slavery, the term ”slavery” fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional or- ganizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing ...

Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon

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None available.

Sullivan's Paradox: The Emergence Of Judicial Standards Of Journalism, Brian C. Murchison

Scholarly Articles

In this article, the authors examine the development of libel law in America since the Supreme Court's watershed decision in New York Times Co. v. Sullivan and suggest that Sullivan affords members of the press less protection than many think. Sullivan's actual malice standard invites judges to create norms of acceptable journalistic conduct for news gathering, which members of the press and their lawyers use as maps to navigate around libel liability. The authors examine a large number of these judicial decisions and note the types of journalistic conduct at issue and what conduct the courts view positively ...

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

No abstract provided.

The Death Of Treaty, Geoffrey R. Watson

Scholarly Articles

This Article explores the decline and fall of Treaty. Part I of the Article traces the origins and development of treaties. It argues that Treaty reached its political and doctrinal zenith in the nineteenth century, the "classical" era of international law, when diplomacy revolved around shifting bilateral treaty relations, and a state's promise was binding only if made in the context of a formal international agreement. Treaties were the centerpiece of a "contract" model of international relations. Part II explores the subsequent doctrinal disintegration of Treaty. It asserts that the traditional "contract" model of treaty doctrine has been challenged ...

Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington

Scholarly Articles

I would like to make several points in this essay. First, the historians of national legal systems are still, by and large, balkanized. They study, explain, and trace the history of their legal systems with only a cursory nod in the direction of the Ius commune. Second, within the Ius commune, some historians still approach a topic as if its various parts can be studied in isolation. A Romanist will study a doctrine of Roman law as if canon and feudal law had only tangential influence on the development of the thought of the civilians.

The Scope Of The Fourteenth Amendment Liberty Interest: Does The Constitution Encompass A Right To Define Oneself Out Of Existence? An Exchange Of Views With John A. Powell, Legal Director, American Civil Liberties Union, Robert A. Destro

Scholarly Articles

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Hostages In The ‘Hood, Robert A. Destro

Scholarly Articles

The goal of this essay is to sketch out an approach which attempts to highlight the multiplicity of interests necessarily included in, but not always identified in, debates over gang control policy. The intent is not so much to suggest a way in which to resolve these often competing interests (which would be impossible in any event), or even to attempt an exhaustive discussion of the most important ones. It is, rather, to suggest that a feel for context and a sense of proportion is or ought to be critical in all discussions of gang control policy.

Images Of Women In U.S. Immigration Policy: The Paradox Of Domestic Violence, Stacy Brustin

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No abstract provided.

An Analysis Of Realistic Due Process Rights Of Children Versus Parents, Raymond C. O'Brien

Scholarly Articles

The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misdirected. In particular, the Article posits that the clear and convincing standard adopted by the Court deprives the child of his or her due process rights. The minimum standard should be reduced to at least one of preponderance of the evidence. Such a standard would recognize the so-called parental presumption, i.e. the historical preference given to parents, but give greater recognition to the rights of the child.

This Article examines the due process concerns of parent and child from both a legal and ...

Gross Profits? Questions About Lawyer Billing Practices, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Sticks, Stones And Broken Bones: Military Law’S Criteria For Aggravated Assault, Michael F. Noone Jr., Mary Jo Wiley

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Exporting Bank Credit Card Rates And Charges, Ralph J. Rohner

Scholarly Articles

Banks enjoy virtually unlimited authority to export interest rates, late fees, and over-limit charges across state lines. Open issues include the exportability of other fees, the viability of consumer common law claims such as unconscionability, and the effect of home-state choice-of-law.

Schopenhauer's Theory Of Justice, Raymond B. Marcin

Scholarly Articles

This Article first delves briefly into Schopenhauer's life story. Then Schopenhauer's place in the line of Western philosophers is examined, particularly his positioning with respect to Kant and Hegel. Then follows an inquiry into the metaphysical bases of Schopenhauer's theory of justice, the theory of justice proper, and a discussion of some of its implications for the human condition. Interspersed throughout are analyses of the relationships between Schopenhauer's thought and contemporary quantum physics on the one hand, and Eastern philosophical approaches and understandings on the other. Because Schopenhauer's theory of justice is an ontology, there ...

Preface: Symposium On Pacific Rim Trade, Geoffrey R. Watson

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In Search Of The Market’S Moral Limits: Liberalism, Perfectionism, And ‘The Bad Man’ In Christian Perspective, William J. Wagner

Scholarly Articles

The orientation to law and values which can sustain specifically Christian arguments for, and against, the restriction of market exchanges requires reference to authentically Christian theological principles and values. It requires, equally, that such principles and values be set in profile against the assumptions of both liberalism and classical perfectionism. This essay aims to provide such a statement of the relevant Christian orientation to law and values.

In The Beginning: A Tenth Anniversary History Of The Journal Of Contemporary Health Law And Policy, George P. Smith Ii

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Survival Of Rights Under The Nuclear Non-Proliferation Treaty: Withdrawal And The Continuing Right Of International Atomic Energy Agency Safeguards, Antonio F. Perez

Scholarly Articles

In developing its thesis, this Article will review the history and purpose of IAEA safeguards and their relation to the NPT, and then show that special inspections in the DPRK represent a transitional moment for the IAEA safeguards system.

This Article will then consider two different arguments in favor of a continuing right to inspections even against a state exercising its right to withdraw from the NPT to escape its safeguards obligations: the first identifies circumstances under which a state would not have the right to withdraw from the NPT; and the second asserts that the effects of withdrawal from ...

Critical Thinking And The Law, J.P. "Sandy" Ogilvy, Dannye Holley

Scholarly Articles

This article traces the origins, and discusses key features of the Critical Thinking and the Law Program. In addition, this article evaluates and projects the implications of the Critical Thinking and the Law Program for legal education. The first section of the article reviews the rich literature on the teaching of thinking movement, and focuses upon those elements of the movement which have had the greatest influence on the design and execution of the Critical Thinking and the Law Program. This section also reports the findings of a survey formulated to determine the current involvement of North American law schools ...

A Tribute To J. Timothy Philipps, Andrew W. Mcthenia

Scholarly Articles

A tribute to Professor J. Timothy Philipps.