Law Commons^™

Oct. 1998 (Undated), Final Terms Of Reference Sent To Applicants Reflecting A Change Strengthening The Transparency Of Cao Reports, Cao

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).

Technocentrism And The Soul Of The Common Law Lawyer , Molly Warner Lien

American University Law Review

No abstract provided.

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.

Defending The Weak And Fighting Unfairness: Can Mediators Respond To The Challenge?, Michael Coyle

Osgoode Hall Law Journal

As mediation gains in popularity as a tool for resolving civil disputes, and particularly as a substitute for court decisions, some have questioned mediation's ability to assure fairness of process and outcome. Others have argued that the main strength of mediation lies in the power it gives the parties to invent their own approach to resolving their dispute, leaving little room for mediators to impose their own notions of fairness on the process. This article examines the extent to which mediators have an obligation to address issues of fairness in the processes they manage. Through a functional and context-based analysis …

Protecting The Confidentiality Of Communications In Mediation, Owen V. Gray

Osgoode Hall Law Journal

This article explores the justifications for protecting mediation communications from disclosure. It reviews the existing legal protections for mediated dispute settlement discussions. The major issues that seem to arise when statutory reform is considered are identified, and a recent study of the issue by the Manitoba Law Reform Commission is described and critiqued. The author argues that a distinction should be made between circumstances in which a party is required or permitted to testify about what took place in mediation, and circumstances in which the mediator may be required to do so. He suggests that mere extension to mediation of …

Unwilling Actors: Why Voluntary Mediation Works, Why Mandatory Mediation Might Not, Gary Smith

Osgoode Hall Law Journal

This article examines the debate over the introduction of mandatory mediation in civil litigation. It analyzes why and how voluntary mediation works in order to measure how the process might change under the new regime being implemented in Ontario. The underlying narrative structures of mediation are exposed using semiotic theories commonly employed in the study of theatre. This article will show that mediation, when imposed on unwilling parties, will hinder its efficacy and compromise its theatrical processes. The author concludes that the best way to ensure that making mediation mandatory does not discredit the efficacy and benefits of the process …

The Globalizing State, Alfred C. Aman

Vanderbilt Journal of Transnational Law

he primary purpose of this Article is to consider the relationship of globalization to domestic law, a topic that, for the most part, has been neglected by the legal literature to date. In so doing, this Article shall develop the concept of the globalizing state, a theory of the state based on states' new roles in furthering global competitiveness, as well as the transformative effects of these new roles on the state itself. This Article refers to globalization as an interpretive approach to issues no longer classifiable--or even understandable--in terms of classic dichotomies of domestic and global, public and private, …

The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy

Vanderbilt Journal of Transnational Law

The radical shift in and expansion of the concepts of European law wrought by the now more than five-year-old Treaty on European Union (TEU) are not fully appreciated in the United States. Until the TEU of 1992, European law was bounded by the reasonably well-defined and understood contours of the Treaty of Rome and its amendments. The expressly political TEU added new dimensions to European law, the relationships among the Member States, and the scope of activities to be pursued by the European Union. This expansion was accomplished through, among other provisions, (1) the TEU's monetary union provisions; (2) its …

Preface, Philip Girard

Dalhousie Law Journal

The foreword to the first issue of the Dalhousie Law Journal (September 1973) stated that the editors commenced the enterprise "without lofty pretensions." If the newjournal' s existence served "to encourage creative research and writing among law teachers, among students, and generally among the legal profession and related disciplines, that may be justification." The editors nonetheless concluded with a lofty enough mission statement: "we shall be endeavouring to produce a stimulating journal exemplifying those qualities that most people would characterize as scholarly, among them thoroughness, precision of thought, independence of judgment." The Editorial Board believes that the Journal has fulfilled …

Flattening The Claims Of The Flat Taxers, Neil Brooks

Dalhousie Law Journal

The idea that income tax rate brackets should be flattened has gained some support among neoclassical economists, right-wing think-tanks and Canadian politicians. Those propounding the idea argue that flattening the rate structure will simplify the tax system and reduce tax avoidance and evasion. They also argue that it would usher in an era of increased economic prosperity by encouraging talented Canadians to work harder, save and invest more, and remain in Canada. In defending progressive taxation, this article takes issue with each of these claims. It concludes that the fundamental differences between those who support flat taxes and those who …

The Pacific Salmon War: The Defence Of Necessity Revisited, Michael Keiver

Dalhousie Law Journal

In 1994, frustration with the Pacific salmon dispute between Canada and the United States, caused the Canadian government to impose a transit fee on American fishing vessels. The author reviews the legality of the measure vis-avis three legal regimes: the United Nations Convention on Law of the Sea, the defence of countermeasures, and the defence of necessity. In addition, the effectiveness of retaliatory measures are examined in viewof recent developments. The author concludes by recommending a two-track strategy: an alliance with NativeAmerican groups as well as environmentalnon-governmentalorganizations.

A Computer-Assisted Legal Research And Writing Course, Jocelyn Downie, Michael Deturbide, Laura Fraser

Dalhousie Law Journal

In this paper, the authors describe and assess their experience with the use of WebCT (a computer program that facilitates the creation and management of courses using the Internet) in the Dalhousie Legal Research and Writing Program. They explain what WebCT is, why they decided to use it, and how they used it. They assess its inaugural use and conclude that, despite some difficulties, the pilot project was a success and WebCT can be a useful tool for other teachers of legal research and writing.

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and …

Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English

Dalhousie Law Journal

In September 1788 a court found 114 men guilty of riotous assembly in the district of Ferryland the previous winter. This event is remarkable for the number involved (45% of the adult male population of the district); for the number of charges (21% of all civil and criminal actions heard in the district's courts over the next 25 years); for the absence of damage to property; and for the severity of the sentences, which included loss of wages, flogging, transportation and banishment. These proceedings occurred in a community where *the majority (Irish planters, fishermen and apprentices) were socially distinct from …

Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence

Dalhousie Law Journal

In 1835, Halifax lawyer William Young, who would later become premier and chief justice of Nova Scotia, as well as a founder of Dalhousie Law School, compiled a catalogue of his personal law library. In the catalogue, Young identifiedthe short title, the price, and if applicable, the number of copies or volumes, for each item in his collection. Through an examination of Young's catalogue, as well as contemporary correspondence, journals, and business records, and, where identifiable, Young's former texts, this study discusses the nature, sources, and to a certain extent, the actual use of Young's law library. This study demonstrates …

Assessing Levels Of Cooperation Between Pace And Patrol Officers In The City Of Norfolk Virginia Police Department, Michael G. Goldsmith

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study is to evaluate two facets of the Norfolk Police Department's Police Assisted Community Enforcement, or PACE, program. While there has been much research on how community policing affects officer and citizen attitudes, there has been very little that focuses on organizational aspects of implementing this philosophy. This research uses a survey instrument to examine how Norfolk's structuring of their community policing program may have an impact on the way the officers involved cooperate with one another. Levels of cooperation and training are measured, as well as the effects that years on the department and education …

The Commerce Clause Meets The Delhi Sands Flower-Loving Fly, John Copeland Nagle

Michigan Law Review

The protagonist in our story has six legs, is one inch long, and dies two weeks after it emerges from the ground. To the untrained eye, the Delhi Sands Flower-Loving Fly looks like, well, a big fly. Entomologists know better. This particular fly can hover like a hummingbird as it uses its long tubular nose to extract nectar from flowers. It can only live in particular fine soils - the Delhi sands - that appear in patches over a forty square mile stretch from Colton to Ontario, California. Today only a few hundred Delhi Sands Flower-Loving Flies survive in less …

Competition And Cooperation, Saul Levmore

Michigan Law Review

When do competitors share assets and other opportunities for mutual gain? Conversely, when do they prefer to distinguish themselves by establishing firm boundaries that produce a minimum of sharing or cooperation despite potential gains from trade? Why, for example, do competing law schools in a single city cooperate so little in offering joint programs and economizing on certain costs even as they use the same casebooks in their courses and borrow from one another's libraries? Why do two competing auto makers rarely sell one another components or use the same expert advertising agency or law firm but then quite often …

Rights Against Rules: The Moral Structure Of American Constitutional Law, Matthew D. Adler

Michigan Law Review

The Bill of Rights, by means of open-ended terms such as "freedom of speech," "equal protection," or "due process," refers to moral criteria, which take on constitutional status by virtue of being thus referenced. We can disagree about whether the proper methodology for judicial application of these criteria is originalist or nonoriginalist. The originalist looks, not to the true content of the moral criteria named by the Constitution, but to the framers' beliefs about that content; the nonoriginalist tries to determine what the criteria truly require, and ignores or gives less weight to the framers' views. Bracketing this disagreement, however, …

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen

Articles

Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.

In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …

A Tribute To Jonathan Mann: Health And Human Rights In The Aids Pandemic, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A tribute to Jonathan Mann, former head of the World Health Organization's global AIDS program and a key figure in the early fight against HIV/AIDS. The author discusses Mann's work in health and human rights, prevention of disease, and eliminating social injustice.

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.

Coming Out: Decision-Making In State And Federal Sodomy Cases, Susan Ayres

Faculty Scholarship

In 1791, American states were enacting laws against sodomy at the same time they ratified the Bill of Rights, the first ten constitutional amendments meant to safeguard fundamental rights of individuals in a free society. In a March 1789 letter to James Madison, Thomas Jefferson asserted that a bill of rights was necessary to give the judiciary the power to protect such individual rights. Ironically, that which the judiciary gives, it may also take away, since "[t]he legislator is a writer. And the judge a reader."

This Article deconstructs recent sodomy cases in order to challenge judicial adoption or reinscription …

A Grand Notion For Power-Center Lawyers, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Like leaders of so many administrations before them, Richard Nixon and Bill Clinton, both lawyers, surrounded themselves with an inner circle composed mainly of lawyers-turned-political advisers and policy bureaucrats.

Some would argue that lawyers and politics are a bad brew. But lawyers trust lawyers so much that some will steadfastly defend their political bosses, even if that means being key players in the potential cover-up of a crime. In their skewed minds, accusations of crimes by leaders of the opposing political party are merely biased power politics.

Vol. 15, No. 05 (September 28, 1998)

Indiana Law Annotated

No abstract provided.

The Opinion Volume 50 Issue 4 – September 28, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1998

Section 2: The Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 9: Justice Powell, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 6: The Court And The Public, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.