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1996

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Full-Text Articles in Law

Maine Women's Lobby News Letter (1996 - November) No. 17, Maine Women's Lobby Staff Nov 1996

Maine Women's Lobby News Letter (1996 - November) No. 17, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson Nov 1996

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson

BYU Law Review

No abstract provided.


The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps Oct 1996

The Rise Of Balanced Budget Laws In Canada: Legislating Fiscal (Ir)Responsibility, Lisa C. Philipps

Osgoode Hall Law Journal

Virtually unknown in Canada before the 1990s, balanced budget legislation has suddenly become popular across the country. The author examines the wide diversity of mechanisms being used to limit state fiscal powers, including spending caps, anti-deficit rules, and tax referenda. Evaluating these measures, the author raises concerns about the impact of balanced budget laws on economic stability, social justice, and political democracy. She warns against discounting either their instrumental effects or their power to shape public finance discourse. Though some provinces have adopted less severe versions, the author concludes that these efforts only partially mitigate the dangers of balanced budget …


Bosnian Elections, Reid Westrem Oct 1996

Bosnian Elections, Reid Westrem

Occasional Papers on Religion in Eastern Europe

No abstract provided.


Judicial Ethics, Law Clerks And Politics, Gerald Lebovits Sep 1996

Judicial Ethics, Law Clerks And Politics, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue Aug 1996

Bruce Lien Co. V. Three Affiliated Tribes, District Court Of North Dakota, Andrew W. Bogue

US Government Documents related to Indigenous Nations

This court case, decided on August 28, 1996, presented the problem of tribal council authority to enter the tribe into binding contracts. The disputing parties in this case entered a contract for co-operation of casino activities at Four Bears Motor Lodge while Wilbur Wilkinson was part of the Tribal Council. When the council changed leadership, the validity of the contract between Bruce Lien Co. and the Three Affiliated Tribes was challenged by the new leadership who alleged that Wilkinson did not have the authority to bind the Three Affiliated Tribes to the contract. Bruce Lien Co. felt they were entitled …


Courting Disrespect, Bruce Ledewitz Aug 1996

Courting Disrespect, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Maine Women's Lobby News Letter (1996 - August) No.16, Maine Women's Lobby Staff Aug 1996

Maine Women's Lobby News Letter (1996 - August) No.16, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The New World Order: Sovereignty, Human Rights And The Self-Determination Of Peoples, Mortimer N.S. Sellers Aug 1996

The New World Order: Sovereignty, Human Rights And The Self-Determination Of Peoples, Mortimer N.S. Sellers

Books

The end of the Cold War has allowed for the prospect of a New World Order, in which the United Nations and other 'international actors' may return to their post-war mandate of maintaining international peace and security through collective action. This book addresses the central question of sovereignty under the new regime: which internal actions of states will justify intervention by the international community? The unifying theme of these chapters — written from a wide variety of national and cultural perspectives — is the conflict between cultural relativism and human rights in the postmodern world. Eleven authors address these questions …


Maine Women's Lobby News Letter (1996 - May) No. 15, Maine Women's Lobby Staff May 1996

Maine Women's Lobby News Letter (1996 - May) No. 15, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Why Is This Man A Moderate?, Richard A. Epstein May 1996

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics


Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee May 1996

Federalism, Separation Of Powers, And The Legacy Of Garcia, Rex E. Lee

BYU Law Review

No abstract provided.


Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee May 1996

Federalism And The Protection Of Rights: The Modern Ninth Amendment's Spreading Confusion, Thomas B. Mcaffee

BYU Law Review

No abstract provided.


Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie May 1996

Civil Rights And Federalism Fights: Is There A "More Perfect Union" For The Heirs To The Promise Of Brown?, Pace Jefferson Mcconkie

BYU Law Review

No abstract provided.


How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger Apr 1996

How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger

Cornell Law Faculty Publications

No abstract provided.


The Law Of Patronage At A Crossroads, Cynthia Grant Bowman Apr 1996

The Law Of Patronage At A Crossroads, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry Apr 1996

Democratic National Committee V. Edward J. Rollins: Politics As Usual Or Unusual Politics?, Rachel E. Berry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson Mar 1996

Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson

All Faculty Scholarship

Regardless of his finish in the primaries, Mr. Buchanan is determined to be heard from at the Republican National Convention in late summer. Mr. [Bob Dole] would like his endorsement for the votes it would provide, but cannot be serious about hoping "that Pat Buchanan would find it in his heart as a good Republican to join forces and close ranks." Can good Republicans be outright bigots? Does Mr. Dole have a political death wish?

What's in Mr. Buchanan's heart is the cause. "We'll go forward," he vowed on national television, "fighting for the cause." But the purity of the …


Maine Women's Lobby News Letter (1996 - March) No. 14, Maine Women's Lobby Staff Mar 1996

Maine Women's Lobby News Letter (1996 - March) No. 14, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards Mar 1996

Defining Political Corruption: The Supreme Court's Role, Paul S. Edwards

Brigham Young University Journal of Public Law

No abstract provided.


Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse Feb 1996

Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about the …


Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor Feb 1996

Vote Dilution And The Census Undercount: A State-By-State Remedy, Christopher M. Taylor

Michigan Law Review

This Note argues that groups seeking to correct underrepresentation caused by the differential undercount do not have standing to sue the Secretary of Commerce but that they can sue their state governments in an effort to force them to use the best population data available in the construction of congressional districts. Part I details the deeply rooted character of the differential undercount, describes statistical means that could have been employed to adjust the 1990 census, and demonstrates that the adjusted count surpasses the official census as an accurate representation of the true population. Part II examines recent litigation that has …


Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald Jan 1996

Can Minority Voting Rights Survive Miller V. Johnson, Laughlin Mcdonald

Michigan Journal of Race and Law

Part I of this Article reviews the congressional redistricting process in Georgia, particularly the State's efforts to comply with the Voting Rights Act and avoid the dilution of minority voting strength. Part II describes the plaintiffs' constitutional challenge and the State's asserted defenses, or more accurately its lack of asserted defenses. Part III argues that the decision of the majority rests upon wholly false assumptions about the colorblindness of the political process and the harm caused by remedial redistricting. Part IV notes the expansion in Miller of the cause of action first recognized in Shaw v. Reno. Part V …


Standards, Change, Politics, And The Millennium, Erica Moeser Jan 1996

Standards, Change, Politics, And The Millennium, Erica Moeser

Loyola University Chicago Law Journal

No abstract provided.


Eulogy: Hamilton Fish, Jr., Roger J. Miner '56 Jan 1996

Eulogy: Hamilton Fish, Jr., Roger J. Miner '56

Memorials and Eulogies

No abstract provided.


Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller Jan 1996

Staking Their Claim: The Impact Of Kentucky Women In The Political Process, Penny M. Miller

Kentucky Law Journal

No abstract provided.


Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr. Jan 1996

Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr.

William Monroe Trotter Institute Publications

W.E.B. Du Bois demonstrated poignant insight into the character of American society when he predicted in 1901 that the fundamental problem of the 20th Century would be the problem of the color line. Du Bois was writing in the aftermath of the first reconstruction that saw the institutionalization of Jim Crow and white dominance across the South. This period was symbolized by the infamous Plessy v. Ferguson decision in 1896. It was also marked by the capitulation of white Republican custodians of Reconstruction to the racist demands of southern politics, including the massive ejection of Black politicians from public office, …


Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh Jan 1996

Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh

Articles by Maurer Faculty

Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …


Progress And Constitutionalism, Robert F. Nagel Jan 1996

Progress And Constitutionalism, Robert F. Nagel

Publications

No abstract provided.


This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag Jan 1996

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.