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1999

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Articles 1 - 30 of 41

Full-Text Articles in Law

The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell Oct 1999

The Challenge Of Administration By Regulation: Preliminary Findings Regarding The U.S. Government's Venture Capital Funds, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article assesses the ability of elected officials to control public policy as implemented by public/private hybrid organizations, specifically, government venture capital funds. The study reveals greater control over OPIC investment funds than Enterprise Funds despite the existence of more traditional administrative tools of control for Enterprise Funds. This finding suggests that the regulatory infrastructure for hybrid organizations is more determinative of control than the existence (or lack) of traditional administrative control tools. Thus the challenge of hybrid government centers on the development of regulation as a substitute for administration.


Does The "Good Governance Policy" Of The International Financial Institutions Privilege Markets At The Expense Of Democracy?, Chantal Thomas Oct 1999

Does The "Good Governance Policy" Of The International Financial Institutions Privilege Markets At The Expense Of Democracy?, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Corruption And Legitimation Crises In Latin America, Ángel Oquendo Oct 1999

Corruption And Legitimation Crises In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky Sep 1999

Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky

Buffalo Human Rights Law Review

No abstract provided.


Terms Of Endearment And Articles Of Impeachment, Charles W. Collier Sep 1999

Terms Of Endearment And Articles Of Impeachment, Charles W. Collier

UF Law Faculty Publications

It is a long-established principle that presidential impeachment is an appropriate remedy only for “high Crimes and Misdemeanors” of a public nature (with the possible exception of private crimes so heinous that the President “cannot be permitted to remain at large”). The crux of this Essay's argument is that the President's affair with Monica Lewinsky was a private matter that was not rendered “public” simply because Mr. Clinton lied about it. With its vote against removing the President, the Senate seemed to agree.


Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle Jul 1999

Lex Americana?: United States Legal Assistance, American Legal Models, And Legal Change In The Post-Communist World And Beyond, Jacques Delisle

Faculty Scholarship at Penn Carey Law

No abstract provided.


Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi Jun 1999

Census Politics Revisited: What To Do When The Government Can't Count? , Benjamin J. Razi

American University Law Review

No abstract provided.


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

Faculty Scholarship at Penn Carey Law

No abstract provided.


The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff May 1999

The Lobbyist No. 25 (May 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Demonization Of Jonathan Pollard, Kenneth Lasson Apr 1999

The Demonization Of Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

This article discusses the case of Jonathan Pollard, and the issues surrounding his conviction of spying for Israel while acting as a U.S. naval intelligence analyst. Cited are the writer's view of the inequities of his conviction, and possible political motivations for his sentence.


The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff Feb 1999

The Lobbyist No. 24 (February 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Enclave Districting, Henry L. Chambers, Jr. Jan 1999

Enclave Districting, Henry L. Chambers, Jr.

Law Faculty Publications

Congressional districting has historically fostered single-member, geographically compact districts consisting of contiguous territory and has resulted in common representation for those who live near each other. Underlying compact districting is the assumption that people living relatively close together share political interests that can be adequately served by common representation. When the United States was a sparsely populated agrarian nation and only the propertied were the enfranchised, providing common representation based on residential proximity was sensible. Over time, however, the connection between residence and political interests has diminished. In the wake of the Supreme Court's suggestion that representation should focus on …


Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox Jan 1999

Commentary: Symposium: Cannibal Democracies: Human Rights And Democracy In Turkey, Gregory Fox

Law Faculty Research Publications

No abstract provided.


The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff Jan 1999

The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram Jan 1999

The First "First Gentleman": The Role Of President Jane Doe's Husband , John Dwight Ingram

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong Jan 1999

Attorney-Client Privilege When The Client Is A Public Official: Litigating The Opening Act Of The Impeachment Drama, Timothy K. Armstrong

Faculty Articles and Other Publications

The divided panel decision of the U.S. Court of Appeals for the D.C. Circuit in /n re Lindsey, 158 F.3d 1263 (D.C. Cir.), cert. denied, 119 S. Ct. 466 (1998), represented a dramatic shift in that court's thinking on the question whether the attorney-client privilege protects what a government official says to his agency's counsel in confidence. Although the court of appeals in at least four previous decisions had held that a government agency client holds the same privilege any other client would under like circumstances to communicate with counsel in private, the Lindsey court took a quite different view.


Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt Jan 1999

Regional Security And The Challenges Of Democratisation In Africa: The Case Of Ecowas And Sadc, Jeremy I. Levitt

Journal Publications

In recent years, African leaders have aggressively sought to strengthen their regional security structures while simultaneously attempting to democratise. Although they recognise that African regional organisations will need to assume a greater role in tackling Africa's security problems, the challenges posed by on-going democratisation efforts have had a visible impact on the effectiveness of some regional organisations. This article examines the challenges that democratisation poses to regional collective security arrangements in Africa, with specific reference to ECOWAS and SADC. It argues that whilst the inclination to democratise has influenced the establishment of new collective security structures, the superficial nature of …


The Ethics Backlash And The Independent Counsel Statute, George D. Brown Jan 1999

The Ethics Backlash And The Independent Counsel Statute, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George D. Brown explores the role of the Office of Independent Counsel and the current ethics backlash surrounding its reauthorization. He examines the historical development of the institution through the accounts of two previous "special prosecutors,” Archibald Cox and Lawrence Walsh. Professor Brown also explores the arguments of critics who call for the institution's abolition and counters with his own call for change and renewal. As an alternative to renewal, he suggests a short-term extension, a "cooling off' period to permit Congress to take a detached look at the independent counsel.

Professor Brown observes that the …


Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel Jan 1999

Pharmacists, Physician-Assisted Suicide, And Pain Control, Alan Meisel

Articles

One of the unintended consequences of the decade-old public debate about the legalization of physician-assisted suicide is an increased interest in pain control for terminally ill patients. Pain control and other aspects of palliative care are seen not only as medically desirable but as necessary to assure so as to minimize the pressure to legalize physician-assisted suicide or utilize physician-assisted suicide even if not legal. Most of the public debate has centered on the role of physicians in assisted suicide.

However, there has been very little discussion about the role that health care professionals - - other than physicians -- …


Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel Jan 1999

Managed Care, Autonomy, And Decision-Making At The End-Of-Life, Alan Meisel

Articles

Some argue that legalizing physician-assisted suicide poses intolerable risks, especially as we move from a system of fee-for-service health care to managed care. Although we need to be concerned about physician-assisted suicide in the context of managed care, physician-assisted suicide poses risks in a fee-for-service system too. In addition, we need to be concerned about the risks posed not only by physician-assisted suicide but also by the well-accepted practice of forgoing life-sustaining treatment. Instead of focusing on the manner of hastening death or the type of health care system, we need to show more concern for protections to assure that …


Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji Jan 1999

Collective Security And The Legality Of The Ecowas Intervention In The Liberian Civil War, Ikechi Maduka Mgbeoji

LLM Theses

The discontent in Liberia, which found expression in a violent rebellion, was soon fanned across the sub-region by the inconsistencies of the Berlin boundaries in Africa. Faced with a defective global machinery for the resolution of armed conflicts, what should the neighbouring states do? The West African states found an answer to that conundrum by forcefully intervening on the grounds of a collective security interest in Liberia. In an age of widening conception of collective security, the West African states have urged as legal justifications, the invitation by the incumbent president of Liberia, collective self-defence and an 'ex post facto' …


Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen Jan 1999

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

Faculty Scholarship at Penn Carey Law

No abstract provided.


Lies And Law, Robert F. Nagel Jan 1999

Lies And Law, Robert F. Nagel

Publications

No abstract provided.


Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya Jan 1999

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.


Taking Decisions Seriously, Richard D. Friedman Jan 1999

Taking Decisions Seriously, Richard D. Friedman

Reviews

The New Deal era is one of the great turning points of American constitutional history. The receptivity of the Supreme Court to regulation by state and federal governments increased dra- matically during that period. The constitutionalism that prevailed before Charles Evans Hughes became Chief Justice in 1930 was similar in most respects to that of the beginning of the twen- tieth century. The constitutionalism that prevailed by the time Hughes’ successor Harlan Fiske Stone died in 1946 is far more related to that of the end of the century. How this transformation occurred is a crucial and enduring issue in …


The Origins Of American Democracy, Or How The People Became Judges In Their Own Causes, The Sixty-Ninth Cleveland-Marshall Fund Lecture , Gordon S. Wood Jan 1999

The Origins Of American Democracy, Or How The People Became Judges In Their Own Causes, The Sixty-Ninth Cleveland-Marshall Fund Lecture , Gordon S. Wood

Cleveland State Law Review

The awesome power of this democratic polity, with people becoming judges in their own causes, was such that our political leaders over the past two centuries have struggled to constrain and mitigate its effects. In fact, that is what our current concern with campaign financing is all about. From the very beginning of our national history we Americans have used a variety of devices and institutions to immunize ourselves from the harmful consequences of too much democracy, too much factious promotion of private interests in the name of the people. No doubt the most important of these devices has been …


Ingos As Political Actors, Makau Mutua Jan 1999

Ingos As Political Actors, Makau Mutua

Journal Articles

No abstract provided.


The Independent Counsel Statute: A Premature Demise, Julian A. Cook Jan 1999

The Independent Counsel Statute: A Premature Demise, Julian A. Cook

Scholarly Works

With the backdrop of the impeachment trial of President William Jefferson Clinton, Congress was confronted with the quandary of whether to reauthorize the independent counsel statute. As the statute approached its June 30, 1999 lapse date, lawmakers grappled with and bandied about an array of proposals, including statutory abandonment, in the midst of tremendous political tension and public fervor over the actions of the President, Independent Counsel Kenneth Starr, and members of Congress. Ultimately, Congress allowed the statute to expire, leaving the prosecution of high-ranking Executive Branch officials in the hands of the Department of Justice. Advocates of reauthorization could …


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

Faculty Scholarship at Penn Carey Law

No abstract provided.


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Carey Law

No abstract provided.