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An End To The Odyssey: Equal Athletic Opportunities For Women, Jeffrey H. Orleans Apr 1996

An End To The Odyssey: Equal Athletic Opportunities For Women, Jeffrey H. Orleans

Duke Journal of Gender Law & Policy

I. Preface Princess and maids delighted in that feast; then, putting off their veils, they ran and passed a ball to a rhythmic beat. 1 So Homer, c. 800 B.C., sings of Princess Nausikaa before she befriends Odysseus near a stream on the island of Skheria. Homer's adventurer ac- cepts his royal rescuer's "game of her own" without surprise. Three millen- nia later, many American colleges are still unsure how men and women can have as equal a chance to "pass a ball" against other colleges as to parse the epic of Odysseus and Penelope in their classrooms. Title IX …


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 …


Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam Jan 1996

Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam

Michigan Journal of International Law

This article considers an issue that, given its importance for the protection of combatants and civilians in armed conflict, has not attracted the attention it warrants: namely, the extent to which legal restraints derived from the ius in bello and the ius ad bellum apply to the Security Council when it is taking military enforcement action under Chapter VII of the United Nations Charter. Although a position not free from controversy, the recent practice of the Security Council in "authorizing" States to use force to restore international peace and security is treated as military enforcement action under Chapter VII of …


The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy Jan 1996

The Effectiveness And Fairness Of Superfund's Judicial Review Preclusion Provision, Michael P. Healy

Law Faculty Scholarly Articles

This article examines the effectiveness and fairness of section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). That broadly-worded provision forecloses judicial review of Superfund cleanups prior to enforcement or cleanup completion by requiring that any review action fall within several narrowly-defined exceptions.

After providing an overview of the statute, its enforcement mechanisms, and a context for considering section 113(h), the article summarizes how courts have applied CERCLA's timing of review provision, focusing principally on recent interpretations of the provision. Finally, the article evaluates the effectiveness and fairness of CERCLA review preclusion and concludes by …


The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon Jan 1996

The Economics Of Copyright, Robert G. Bone, Wendy J. Gordon

Scholarship Chronologically

Copyright law protects works of creative expression. At its relatively uncontroversial core lie songs, plays, novels, paintings, and other works of aesthetic value. But copyright is not confined solely to aesthetic subject matter; in many countries, it extends to works of fact, such as biographies, maps, and telephone directories, and to works with practical value. For example, one of the most controversial issues in copyright law today is whether and how much copyright should protect computer programs.


Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin Jan 1996

Crossroads For Federal Enforcement Of The Clean Air Act, Joyce M. Martin

Duke Environmental Law & Policy Forum

A major goal of the Clean Air Act 1 (hereinafter CAA or "Act") is to "protect and enhance the quality of the Nation's air resources." 2 The Act uses a two tiered approach to accomplish this goal. First, the Act focuses on the national attainment and maintenance of National Ambient Air Quality Standards (NAAQS) for "criteria" pollutants, 3 and second, the Act also sets specific standards for known hazardous air pollutants (HAPS) 4 . The Act emphasizes throughout its text that air quality problems are national in scope and often cross state boundaries. 5 Congress clearly intended that enforcement of …


Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman Jan 1996

Through A Glass Darkly: The Case Against Pilkington Plc. Under The New U.S. Department Of Justice International Enforcement Policy, Jeffrey N. Neuman

Northwestern Journal of International Law & Business

An inquiry into subject matter jurisdiction under the 1995 Guidelines and in U.S. v. Pilkington, plc. requires a brief examination of the history of extraterritorial enforcement policy since the mid-1970s. This is set forth in section II. Next, in section III, the comment analyzes the ebb and flow of judicial approaches to U.S. antitrust subject matter jurisdiction, focusing on the pre- and post-FTAIA eras. Section IV looks specifically at the 1995 Guideline and the Justice Department's grounds for asserting U.S. subject matter jurisdiction against Pilkington. In doing so, the comment suggests that in an interdependent global economy, an aggressive jurisdictional …


A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes Dec 1995

A "Civil" Method Of Law Enforcement On The Reservation: In Rem Forfeiture And Indian Law, Henry S. Noyes

Henry S. Noyes

Two of the greatest sustainable resources currently available to American Indian tribes in their struggle to gain economic independence are tourism and gambling. Both resources require tribes to admit large numbers of non-Indians onto their reservations. This article proposes and assesses in rem forfeiture as a viable method of law enforcement for American Indian tribes. It considers the scope and limits of tribal sovereignty and the civil/criminal jurisdictional dichotomy established by Oliphant v. Suquamish Indian Tribe and Montana v. United States. The article concludes that enacting and enforcing in rem forfeiture provisions would broaden the limited array of law enforcement …