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1998

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Articles 1231 - 1260 of 7679

Full-Text Articles in Law

"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman Jul 1998

"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman

Washington International Law Journal

This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …


Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey Jul 1998

Square Pegs And Round Holes: Fitting Modern Title Into Traditional Societies In Indonesia, Timothy Lindsey

Washington International Law Journal

In Indonesia, diverse interests in land recognised by dozens, maybe hundreds, of different adat (traditional customary legal systems) coexist with a Dutch-derived system of land title. The most problematic adat interest is traditional communal title, or hak ulayat. Indonesia's New Order government sees adat rights—and hak ulayat in particular—as incompatible with the demands of economic development. Although some adat rights are recognised in the key statute regulating interests in land, the Basic Agrarian Law, the New Order government has systematically subverted the standing of adat. Likewise, the land registration system has become a corrupt failure, with the consequence …


Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan Jul 1998

Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan

Washington International Law Journal

As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.


An Overview Of Washington's Growth Management Act, Eric S. Laschever Jul 1998

An Overview Of Washington's Growth Management Act, Eric S. Laschever

Washington International Law Journal

Beginning in the 1970s, a number of states began adopting state wide growth management statutes. In response to increasing population pressures, Washington State enacted its Growth Management Act ("GMA") in 1990. This article examines the GMA's requirements for comprehensive plans, its enforcement and appeals provisions, and the relationship of the GMA to other Washington State laws, including the State Environmental Policy Act and the Shoreline Management Act. The GMA has significantly changed the land use planning process in Washington, and its effects can already be seen in wide spread protection of critical areas, the designation of urban growth policies, and …


Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan Jul 1998

Customary Title, Heritage Protection, And Property Rights In Australia: Emerging Patterns Of Land Use In The Post-Mabo Era, Maureen Tehan

Washington International Law Journal

The Mabo decision represented a major doctrinal change in the relationship between Indigenous people and the settler legal system. However, significant legislative developments in land use and management recognizing some Indigenous interests in land had already laid the groundwork for joint land management schemes and concurrent land uses. These developments have formed the basis for ongoing expansion of coexistent land uses with the negotiation of formal and informal agreements for co-management of land. A range of factors influence these agreements, including the existence of enforceable property rights and non-property based heritage protection legislation. These regimes are currently in a state …


The Many Faces Of Judicial Independence, Alex Kozinski Jul 1998

The Many Faces Of Judicial Independence, Alex Kozinski

Georgia State University Law Review

No abstract provided.


Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia Jul 1998

Constitutional Law: A Ruse For Government By An Intellectual Elite, Lino A. Graglia

Georgia State University Law Review

No abstract provided.


Duking It Out: Beating The Complete Preemption Of Erisa Under Dukes V. U.S. Healthcare, Inc., Natalie Zellner Jul 1998

Duking It Out: Beating The Complete Preemption Of Erisa Under Dukes V. U.S. Healthcare, Inc., Natalie Zellner

Georgia State University Law Review

No abstract provided.


Table Of Contents Jul 1998

Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez Jul 1998

Like Alice In Through The Looking Glass: Grounds For Statutory Reformation Of The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, Raisa Martinez

University of Miami Inter-American Law Review

No abstract provided.


Does Gideon Still Make A Difference, Thomas F. Liotti Jul 1998

Does Gideon Still Make A Difference, Thomas F. Liotti

City University of New York Law Review

No abstract provided.


Employment Protection And Domestic Violence: Addressing Abuse In The Labor Grievance Process, Jennifer Atterbury Jul 1998

Employment Protection And Domestic Violence: Addressing Abuse In The Labor Grievance Process, Jennifer Atterbury

Journal of Dispute Resolution

The effects of domestic violence are not limited to the home environment. Its effects are felt in employment when abused employees are absent from work and when violent incidents erupt in the workplace. For example, a bruised employee might be too injured and embarrassed to attend work, or an estranged spouse might stalk and harass a victim on the job. Another issue arises in that employers often discipline victims of domestic violence for absenteeism and incidents of violence that occur in the workplace. Discipline of union members is governed by collective bargaining agreements and subject to the labor grievance process. …


Utilitarian Analysis Of The Objectives Of Criminal Plea Negotiation And Negotiation Strategy Choice, Joseph W. Vanover Jul 1998

Utilitarian Analysis Of The Objectives Of Criminal Plea Negotiation And Negotiation Strategy Choice, Joseph W. Vanover

Journal of Dispute Resolution

This article examines the repercussions of choosing a negotiating style for the present criminal case on the actions of opposing counsel in future cases. It scrutinizes the criminal plea negotiating process from the perspective of both a prosecuting attorney and a defense attorney. It analyzes this process using two philosophical theories: act utilitarianism and rule utilitarianism.


Is Alternative Dispute Resolution A Possibility In The Riverboat Gambling Quagmire - Akin V. Missouri Gaming Commission, Matthew Potter Jul 1998

Is Alternative Dispute Resolution A Possibility In The Riverboat Gambling Quagmire - Akin V. Missouri Gaming Commission, Matthew Potter

Journal of Dispute Resolution

During the 1990s, the emergence of riverboat gambling operations has led to an avalanche of social and political debates.' Since 1989, riverboat gaming has been electorally approved in several midwestern states, including Iowa, Illinois, Indiana, Mississippi, Missouri, and Louisiana.4 However, this voter acceptance of a formerly stigmatized industry has not come without a significant backlash. In particular, religious groups have denounced riverboat gambling, claiming that such activity inevitably leads to, inter alia, dissipated savings, chronic addictions, and other ancillary societal vices, including prostitution, alcoholism, and drug abuse.'


Title Page Jul 1998

Title Page

The Journal of Law and Education

No abstract provided.


Broad Ownership Of The Public Schools: An Analysis Of The T-Formation Process Model For Achieving Educational Adequacy And Its Implications For Contemporary School Reform Efforts, Tomiko Brown-Nagin Jul 1998

Broad Ownership Of The Public Schools: An Analysis Of The T-Formation Process Model For Achieving Educational Adequacy And Its Implications For Contemporary School Reform Efforts, Tomiko Brown-Nagin

The Journal of Law and Education

No abstract provided.


Students As Victims Of Sexual Harassment: The Evolving Law, Martha M. Mccarthy Jul 1998

Students As Victims Of Sexual Harassment: The Evolving Law, Martha M. Mccarthy

The Journal of Law and Education

No abstract provided.


Education Law Texts Usage: Survey Results, Kathleen A. Sullivan, Perry A. Zirkel Jul 1998

Education Law Texts Usage: Survey Results, Kathleen A. Sullivan, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Introduction: Lemon - Aid Or Sour Grapes, Perry A. Zirkel Jul 1998

Introduction: Lemon - Aid Or Sour Grapes, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.


Trojan Ponies: Undermining The Establishment Clause In The Name Of Child Benefit Theory, Lisa H. Thurau-Gray Jul 1998

Trojan Ponies: Undermining The Establishment Clause In The Name Of Child Benefit Theory, Lisa H. Thurau-Gray

The Journal of Law and Education

No abstract provided.


Recent Developments In The Law - Universities And Other Institutions Of Higher Learning Jul 1998

Recent Developments In The Law - Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.


Law Review Digests Jul 1998

Law Review Digests

The Journal of Law and Education

No abstract provided.


First Amendment Rights: May A School Ban Religious Symbols That Are Arguably Gang-Related, Renah R. Holmes Jul 1998

First Amendment Rights: May A School Ban Religious Symbols That Are Arguably Gang-Related, Renah R. Holmes

The Journal of Law and Education

No abstract provided.


Funding Public Education: The Constitutionality Of Relying On Local Property Taxes, Jim Fenwick Jul 1998

Funding Public Education: The Constitutionality Of Relying On Local Property Taxes, Jim Fenwick

The Journal of Law and Education

No abstract provided.


Keynote Address, Jeffrey Lang Jul 1998

Keynote Address, Jeffrey Lang

Cornell International Law Journal

No abstract provided.


Towards A Multilateral Agreement On Investment, Rainer Geiger Jul 1998

Towards A Multilateral Agreement On Investment, Rainer Geiger

Cornell International Law Journal

No abstract provided.


Mai: A European View, Patrick Juillard Jul 1998

Mai: A European View, Patrick Juillard

Cornell International Law Journal

No abstract provided.


International Regulation Of Foreign Direct Investment , Wesley Scholz Jul 1998

International Regulation Of Foreign Direct Investment , Wesley Scholz

Cornell International Law Journal

No abstract provided.


The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey Jul 1998

The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey

Cornell International Law Journal

No abstract provided.


Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg Jul 1998

Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg

Cornell International Law Journal

No abstract provided.