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1998

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Articles 5641 - 5670 of 7680

Full-Text Articles in Law

Comments: Should Race Be A Factor In Law School Admissions? A Study Of Hopwood V. Texas And How The Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner Jan 1998

Comments: Should Race Be A Factor In Law School Admissions? A Study Of Hopwood V. Texas And How The Equal Protection Clause Makes Race-Based Classifications Unconstitutional, Michael A.B. Turner

University of Baltimore Law Review

No abstract provided.


Comments: State Of The Art Evidence In Products Liability Suits In Maryland, Patrick R. Buckler Jan 1998

Comments: State Of The Art Evidence In Products Liability Suits In Maryland, Patrick R. Buckler

University of Baltimore Law Review

No abstract provided.


Masthead, Volume 8 Issue 1 (1998) Jan 1998

Masthead, Volume 8 Issue 1 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine Jan 1998

Volume 8 Issue 1 (1998), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar Jan 1998

Emtala In The 90'S -- Enforcement Challenges, Joan M. Stieber, Linda J. Spar

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Masthead, Volume 8 Issue 2 (1998) Jan 1998

Masthead, Volume 8 Issue 2 (1998)

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala Jan 1998

Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament Jan 1998

Internet Psychotherapy: Current Status And Future Regulation, Deborah Pergament

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Book Review Of Employment Discrimination Law, James S. Heller Jan 1998

Book Review Of Employment Discrimination Law, James S. Heller

Library Staff Publications

No abstract provided.


Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah Jan 1998

Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah

LLM Theses

This work traces the historical development of the concept of copyright in literary works from the earliest forms of communication by human beings until the present day. By assessing the impact of implementing the recent international copyright agreements on literary works in Ghana, a developing country, and in Canada, a developed country, the work establishes that generally, the economies of developed countries are more suitable than those of developing countries to support a strengthened copyright regime. This is more so because the former have shorter transition periods in which to comply with the international copyright framework. The work also asserts …


Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge Jan 1998

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …


What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling Jan 1998

What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling

LLM Theses

This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …


The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker Jan 1998

The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker

LLM Theses

Two constitutional principles--constitutional supremacy and parliamentary supremacy--should not be treated as antagonistic. The task for the Supreme Court of Canada since its elevation as constitutional arbiter has been to find the balance between these two constitutional doctrines. It must do so within the limits prescribed by the judicial function. What are those limits in the context of criminal law? The definitional elements of the offence; the political and legal theory of classical liberalism; the Charter's constitutional, as opposed to statutory, character; the primacy of either crime control or due process values in judicial decision-making; the fluctuating balance in the criminal …


The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell Jan 1998

The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell

LLM Theses

This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …


Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul Jan 1998

Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul

LLM Theses

Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …


A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher Jan 1998

A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher

LLM Theses

This thesis concentrates on the question of whether or not voluntary, treatment incapable patients who have had their treatment consented to by a substitute decision-maker can be involuntarily treated. It is my opinion that under the current legislative scheme in Ontario the restraint of a voluntary, treatment incapable patient for the purposes of treatment is illegal subject to the following exceptions: (a) a guardianship order exists that contains authority to restrain and detain; or (b) a Power of Attorney for Personal Care has been executed by the now treatment incapable individual authorizing his substitute decision-maker to have him detained and …


Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale Jan 1998

Preventing Insider Misappropriation Of Not-For-Profit Health Care Provider Assets: A Federal Tax Law Prescription, John F. Coverdale

Washington Law Review

Not-for-profit health care providers are converting to for-profit status on an unprecedented scale. Directors and officers have too frequently taken advantage of the conversions to misappropriate the organizations' assets. Common law remedies have proven inadequate, and many states have no specific statutory remedies. The state statutory remedies that have been enacted range from fairly comprehensive to quite inadequate. Not-for-profit health providers are generally also subject to the federal tax rules governing tax-exempt organizations. Until recently, however, the only sanction available to the Internal Revenue Service (IRS) was to revoke the organization's tax-exempt status. The IRS rarely invoked this remedy both …


The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote Jan 1998

The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote

Washington Law Review

Being named to the Dan Fenno Henderson Professorship in East Asian Legal Studies is at one and the same time a proud and truly humbling moment. It is especially humbling to hold a professorship bearing the illustrious name of Dan Fenno Henderson. In the Japanese law field, Henderson is without peer. He created the field as we know it today, and his accomplishments are truly staggering.


Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent Jan 1998

Right Of Publicity Tarnishment And The First Amendment, Edgar Sargent

Washington Law Review

This Comment proposes a new cause of action for tarnishment of the right of publicity. The claim would protect the rights holder from uses that create offensive or degrading associations and thus harm the value of the protected persona. To prevent undue constraint upon First Amendment protected speech about public figures, publicity rights protection must be carefully balanced against free speech interests. In most cases, a speaker's right to refer to a public figure will be superior to the publicity rights holder's interest in controlling the manner in which a persona is used. However, publicity rights holders should prevail when …


Book Review, Daniel H. Foote Jan 1998

Book Review, Daniel H. Foote

Book Reviews

Professor Frank K. Upham's Law and Social Change in Postwar Japan represents a major contribution to Western understanding of the process of legal change in Japan. In four excellent case studies spanning subject matters as diverse as the treatment of minorities and industrial planning, Upham reveals a legal culture of considerable complexity, which challenges simple generalizations. From this material, Upham seeks to derive a number of central themes. Certain of these themes are insightful and solidly supported by Upham's own case studies and other materials on Japanese law. Other themes are more speculative, raising the danger that many of the …


Table Of Contents, Volume 42, Issue 1 Jan 1998

Table Of Contents, Volume 42, Issue 1

NYLS Law Review

No abstract provided.


Reflections On The Creation Of The Greater City Of New York And Its First Charter, 1898, David C. Hammack Jan 1998

Reflections On The Creation Of The Greater City Of New York And Its First Charter, 1898, David C. Hammack

NYLS Law Review

No abstract provided.


The New York City Charter And The Question Of Scale, Richard Briffault Jan 1998

The New York City Charter And The Question Of Scale, Richard Briffault

NYLS Law Review

No abstract provided.


The Public Advocate For New York City: An Analysis Of The Country’S Only Elected Ombudsman, Mark Green, Laurel W. Eisner Jan 1998

The Public Advocate For New York City: An Analysis Of The Country’S Only Elected Ombudsman, Mark Green, Laurel W. Eisner

NYLS Law Review

No abstract provided.


In The Interest Of Justice: The Impact Of Court-Ordered Reform On The City Of New York, Tamia Perry Jan 1998

In The Interest Of Justice: The Impact Of Court-Ordered Reform On The City Of New York, Tamia Perry

NYLS Law Review

No abstract provided.


Symposium: "Separation Of Powers In State Constitutional Law": Introduction, Carl T. Bogus Jan 1998

Symposium: "Separation Of Powers In State Constitutional Law": Introduction, Carl T. Bogus

Roger Williams University Law Review

No abstract provided.


The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser Jan 1998

The Interpretation Of The Remedial Provisions Of The Cisg, Evelina Wilhelmina Innocentia Visser

LLM Theses and Essays

The drafting process of the most successful international uniform law of the last decades, the 1980 United Nations Convention on the International Sale of Goods (CISG) reflected that in order to become a set of "well-balanced subsidiary rules," international uniform must be drafted and implemented carefully. It is essential that an international uniform law is adapted to diverse cultures. The different needs and demands of the varied socio-economic systems and legal structures, perceptions, procedures, and cultures of the distinct legal systems of this world are a main and omnipresent consideration and must be capable of absorbing the unified law. Either …


The Hidden History Of The Second Amendment, Carl Bogus Jan 1998

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1 Jan 1998

Table Of Contents - Cardozo Women's Law Journal, Vol. 5, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones Jan 1998

Reproductive Rights Of Women: Construction And Reality In International And United States Law, Kimberly A. Jones

Cardozo Journal of Equal Rights & Social Justice

The article examines the disparity between the legal recognition of women's reproductive rights and the reality of their ability to exercise these rights. It explores how international and United States laws construct reproductive rights differently, but both fail to address the cultural, economic, and social barriers that prevent women from realizing these rights. The analysis underscores the need for states to take affirmative actions to dismantle these barriers and ensure that women can fully exercise their reproductive rights.