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1998

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Articles 211 - 240 of 7674

Full-Text Articles in Law

The Justices Of Strategy, Frank B. Cross Dec 1998

The Justices Of Strategy, Frank B. Cross

Duke Law Journal

No abstract provided.


Nonexclusive Patent Licensees Unite: Use Bankruptcy Committees To Sue For Patent Infringement, J. Michael Strickland Dec 1998

Nonexclusive Patent Licensees Unite: Use Bankruptcy Committees To Sue For Patent Infringement, J. Michael Strickland

Duke Law Journal

No abstract provided.


Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty Dec 1998

Restrictions On Prisoners’ Religious Freedom As Unconstitutional Conditions Of Confinement: An Eighth Amendment Argument, Jeffrey Welty

Duke Law Journal

No abstract provided.


Holmes And The Romantic Mind, Anne C. Dailey Dec 1998

Holmes And The Romantic Mind, Anne C. Dailey

Duke Law Journal

Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.


Journal Staff Dec 1998

Journal Staff

Duke Law Journal

No abstract provided.


The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager Dec 1998

The U.S. Freedom Of Navigation Program, Procedure, And Future, Dennis Mandsager

International Law Studies

No abstract provided.


Index (Volume 72) Dec 1998

Index (Volume 72)

International Law Studies

No abstract provided.


Permanent Concerns, Legal Norms, And The Changing International Order, Robert S. Wood Dec 1998

Permanent Concerns, Legal Norms, And The Changing International Order, Robert S. Wood

International Law Studies

No abstract provided.


The Emerging Role Of Nato In Un Peace Enforcement Operations, James P. Terry Dec 1998

The Emerging Role Of Nato In Un Peace Enforcement Operations, James P. Terry

International Law Studies

No abstract provided.


The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman Dec 1998

The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman

Faculty Articles

Unfortunately for those whose businesses rely on the Internet, an increasing amount of legal conflict is also arising in reaction to this new business medium. As attorneys and the courts attempt to sort out the Internet’s legal status quo, both are considering such pressing substantive issues as electronic contracts, privacy, trademark, copyright, defamation, computer crimes, censorship, and taxation. It is imperative that information system professionals become aware of how evolving Internet law will affect the medium they are charged with administrating. An informed IS community is also much more capable of mounting legal and political challenges to law that might …


Breaking The Code: Was There A Moral Or Legal Obligation To Warn?, Shear-Yashuv Cohen Dec 1998

Breaking The Code: Was There A Moral Or Legal Obligation To Warn?, Shear-Yashuv Cohen

Cardozo Law Review

No abstract provided.


Secret Knowledge Of Genocide: British Failure To Disclose The Killing Of Jews In 1941, Kent Greenawalt Dec 1998

Secret Knowledge Of Genocide: British Failure To Disclose The Killing Of Jews In 1941, Kent Greenawalt

Cardozo Law Review

No abstract provided.


Why Now?, Israel Singer Dec 1998

Why Now?, Israel Singer

Cardozo Law Review

No abstract provided.


The Holocaust: Does Time Heal All Wrongs?, William Schwartz Dec 1998

The Holocaust: Does Time Heal All Wrongs?, William Schwartz

Cardozo Law Review

No abstract provided.


Justice, Dignity, And Restitution Of Holocaust Victims' Assets, Alfonse D'Amato Dec 1998

Justice, Dignity, And Restitution Of Holocaust Victims' Assets, Alfonse D'Amato

Cardozo Law Review

No abstract provided.


Neutrality Law In World War Ii, Detlev F. Vagts Dec 1998

Neutrality Law In World War Ii, Detlev F. Vagts

Cardozo Law Review

No abstract provided.


Resolving A Dilemma: The Inheritance Of Jewish Property, Michael J. Kurtz Dec 1998

Resolving A Dilemma: The Inheritance Of Jewish Property, Michael J. Kurtz

Cardozo Law Review

No abstract provided.


Shaping The Future Of The Profession, David N. Smith Dec 1998

Shaping The Future Of The Profession, David N. Smith

Research Collection Yong Pung How School Of Law

No abstract provided.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky Dec 1998

Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky

Articles

In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …


Against Free-Form Formalism, David M. Golove Dec 1998

Against Free-Form Formalism, David M. Golove

Articles

Article II, Section 2 of the Constitution provides that the President shall have the power to make treaties by and with the consent of two-thirds of tie Senate. Yet, most of the international agreements into which the United States has entered over the last fifty years, including NAFTA and the WTO Agreement, have been concluded as congressional-executive agreements-a procedure by which the President submits an agreement to both houses of Congress for simple majority approvaL In an article in the Harvard Law Review entitled "Is NAFTA Constitutional?," Professors Bruce Ackerman and David Golove attempted to provide this practice with constitutionalfoundations. …


The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder Dec 1998

The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder

Articles

The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …


Table Of Contents - Cardozo Law Review, Volume 20, Issue 2 Dec 1998

Table Of Contents - Cardozo Law Review, Volume 20, Issue 2

Cardozo Law Review

No abstract provided.


In Pursuit Of The Pursuer: British Silence During And After World War Ii From The Vantage Of Jewish Law, Norman Lamm Dec 1998

In Pursuit Of The Pursuer: British Silence During And After World War Ii From The Vantage Of Jewish Law, Norman Lamm

Cardozo Law Review

No abstract provided.


Framing The Issues, Malvina Halberstam Dec 1998

Framing The Issues, Malvina Halberstam

Cardozo Law Review

No abstract provided.


The U.S. Government And The Wartime Neutrals: History And Justice After Half A Century, Bennett Freeman Dec 1998

The U.S. Government And The Wartime Neutrals: History And Justice After Half A Century, Bennett Freeman

Cardozo Law Review

No abstract provided.


Sweden And The Nazi Gold, Sven Fredrik Hedin Dec 1998

Sweden And The Nazi Gold, Sven Fredrik Hedin

Cardozo Law Review

No abstract provided.


Looted Nazi Gold: The Brazilian Connection, Henry I. Sobel Dec 1998

Looted Nazi Gold: The Brazilian Connection, Henry I. Sobel

Cardozo Law Review

No abstract provided.


Switzerland's Response To The Claims Of Holocaust Victims: A Mid-Term Report, Roger M. Witten Dec 1998

Switzerland's Response To The Claims Of Holocaust Victims: A Mid-Term Report, Roger M. Witten

Cardozo Law Review

No abstract provided.


Nazi Gold And Other Assets Of The Holocaust: The Search For Justice, Eric Wollman Dec 1998

Nazi Gold And Other Assets Of The Holocaust: The Search For Justice, Eric Wollman

Cardozo Law Review

No abstract provided.