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1998

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Articles 691 - 720 of 7679

Full-Text Articles in Law

Thinking Morally, Gerard V. Bradley Oct 1998

Thinking Morally, Gerard V. Bradley

Journal Articles

The Way of the Lord Jesus, Vol. 3: Difficult Moral Questions. By Germain Grisez. Franciscan Press (217-228-5670). 927 pages. $35.

Here is a uniquely valuable work, practical and direct, written in plain English by a mature scholar who wears his immense learning lightly. The "difficult moral questions" it treats are two hundred in number, each with an Analysis and a Reply. (And there are two narrative Appendices.)


The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf Oct 1998

The Relevance Of Federal Norms For State Separation Of Powers, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin Oct 1998

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

William & Mary Law Review

No abstract provided.


Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix Oct 1998

Bargaining In The Shadow Of Love: The Enforcement Of Premarital Agreements And How We Think About Marriage, Brian Bix

William & Mary Law Review

No abstract provided.


Law, Language, And Lenity, Lawrence M. Solan Oct 1998

Law, Language, And Lenity, Lawrence M. Solan

William & Mary Law Review

No abstract provided.


Moratorium On The Death Penalty For Juveniles, Victor L. Streib Oct 1998

Moratorium On The Death Penalty For Juveniles, Victor L. Streib

Law and Contemporary Problems

Streib offers a sketch of the sentences and actual executions in the juvenile death penalty system for the past quarter-century. The ABA's moratorium calls for the complete prevention of the execution of offenders under age 18 at the time of their crimes.


Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker Oct 1998

Defending Categorical Exemptions To The Death Penalty: Reflections On The Aba’S Resolutions Concerning The Execution Of Juveniles And Persons With Mental Retardation, Carol Steiker, Jordan Steiker

Law and Contemporary Problems

Steiker and Steiker discuss the ABA's resolutions regarding the execution of juveniles and persons with mental retardation. The strongest legal case for the ABA's position requires a more nuanced argument than the ABA has advanced.


The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau Oct 1998

The Execution Of The Innocent, Michael L. Radelet, Hugo Adam Bedau

Law and Contemporary Problems

Radelet and Bedau discuss the continuing and regular incidence of American trial courts sentencing innocent defendants to death, which was one of the problems that gave rise to the ABA's moratorium on capital punishment.


The American Bar Association And Federal Habeas Corpus, Larry W. Yackle Oct 1998

The American Bar Association And Federal Habeas Corpus, Larry W. Yackle

Law and Contemporary Problems

Yackle evaluates the ABA's claims touching federal habeas corpus in death penalty cases. Neither the Supreme Court nor the Anti-Terrorism and Effective Death Penalty Act of 1996 embrace the ABA's policy for habeas corpus.


The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen Oct 1998

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.


Appendix: American Bar Association Resolution Oct 1998

Appendix: American Bar Association Resolution

Law and Contemporary Problems

The ABA's resolution and report regarding its moratorium on capital punishment is offered.


The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church Oct 1998

The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church

Law and Contemporary Problems

Church discusses the amicus brief to the US Supreme Court in the companion assisted suicide cases of "Washington v. Glucksberg" and "Vacco v. Quill," in which six philosophers offer their views. The philosophers' charge--that prohibiting physician-assisted suicide can only be based on impermissible sectarian religious or ethical premises--can be raised against their "neutral" liberal argument itself.


Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester Oct 1998

Sentenced For A “Crime” The Government Did Not Prove: Jones V. United States And The Constitutional Limitations On Factfinding By Sentencing Factors Rather Than Elements Of The Offense, Benjamin J. Priester

Law and Contemporary Problems

Priester argues that the Constitution does restrict the power of the legislature by requiring that certain facts be proved as elements of the offense. He notes the Supreme Court's missed opportunity in "Jones v. United States" to adopt the test proposed by Justice Scalia.


Journal Staff Oct 1998

Journal Staff

Law and Contemporary Problems

No abstract provided.


Bargaining Around The Trips Agreement: The Case For Ongoing Public-Private Initiatives To Facilitate Worldwide Intellectual Property Transactions, J. H. Reichman, David Lange Oct 1998

Bargaining Around The Trips Agreement: The Case For Ongoing Public-Private Initiatives To Facilitate Worldwide Intellectual Property Transactions, J. H. Reichman, David Lange

Duke Journal of Comparative & International Law

No abstract provided.


China’S Intellectual Property Rights Protection Towards The 21st Century, Duan Ruichun Oct 1998

China’S Intellectual Property Rights Protection Towards The 21st Century, Duan Ruichun

Duke Journal of Comparative & International Law

No abstract provided.


The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink Oct 1998

The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink

Duke Journal of Comparative & International Law

No abstract provided.


The Trips Agreement And Intellectual Property Protection In China, Zheng Chengsi Oct 1998

The Trips Agreement And Intellectual Property Protection In China, Zheng Chengsi

Duke Journal of Comparative & International Law

No abstract provided.


China’S System Of Trademark Administration, Liu Peizhi Oct 1998

China’S System Of Trademark Administration, Liu Peizhi

Duke Journal of Comparative & International Law

No abstract provided.


The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus Oct 1998

The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus

Duke Journal of Comparative & International Law

No abstract provided.


An Introduction To Administrative Protection For Pharmaceuticals, Gao Xia-Yun Oct 1998

An Introduction To Administrative Protection For Pharmaceuticals, Gao Xia-Yun

Duke Journal of Comparative & International Law

No abstract provided.


Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan Oct 1998

Administrative Management And Enforcement Of Copyright In China, Chen Zhaokuan

Duke Journal of Comparative & International Law

No abstract provided.


Juridical Protection Of Intellectual Property In China, Cheng Yong-Shun Oct 1998

Juridical Protection Of Intellectual Property In China, Cheng Yong-Shun

Duke Journal of Comparative & International Law

No abstract provided.


The S&L Crisis Revisited: Exporting An American Model To Resolve Thailand’S Banking Problems, Alvin K. Lim Oct 1998

The S&L Crisis Revisited: Exporting An American Model To Resolve Thailand’S Banking Problems, Alvin K. Lim

Duke Journal of Comparative & International Law

No abstract provided.


Privacy And The Press: The Impact Of Incorporating The European Convention On Human Rights In The United Kingdom, Les P. Carnegie Oct 1998

Privacy And The Press: The Impact Of Incorporating The European Convention On Human Rights In The United Kingdom, Les P. Carnegie

Duke Journal of Comparative & International Law

No abstract provided.


Editor’S Note Oct 1998

Editor’S Note

Duke Environmental Law & Policy Forum

No abstract provided.


The Puzzle Of Environmental Politics, Frank B. Cross, Jonathan Baert Wiener Oct 1998

The Puzzle Of Environmental Politics, Frank B. Cross, Jonathan Baert Wiener

Duke Environmental Law & Policy Forum

No abstract provided.


Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick Oct 1998

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.


Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein Oct 1998

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.


The Legislation Of Unintended Consequences, Rena I. Steinzor Oct 1998

The Legislation Of Unintended Consequences, Rena I. Steinzor

Duke Environmental Law & Policy Forum

No abstract provided.