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1999

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Articles 5071 - 5100 of 7802

Full-Text Articles in Law

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau Jan 1999

The Community Reinvestment Act: Questionable Premises And Perverse Incentives, Keith N. Hylton, Vincent D. Rougeau

Faculty Scholarship

Having just passed the twentieth anniversary of the enactment of the Community Reinvestment Act I ("CRA" or "Act"), this is an appropriate time to take stock of the effectiveness of the legislation and to consider whether it continues to be useful as a tool for addressing the problems of neighborhood decline and discrimination in the lending market. Although discrimination in lending and the decline of certain inner-city neighborhoods is a problem that the CRA has not been able to solve, most observers would agree that the situation has improved since the mid-1970s. 2 In particular, there has been notable progress …

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Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie Jan 1999

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

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Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder Jan 1999

Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder

Articles

The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.

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Thalidomide And The Titanic: Reconstructing The Technology Tragedies Of The Twentieth Century, George J. Annas Jan 1999

Thalidomide And The Titanic: Reconstructing The Technology Tragedies Of The Twentieth Century, George J. Annas

Faculty Scholarship

The Titanic has become a metaphor for the disastrous consequences of an unqualified belief in the safety and invincibility of new technology. Similarly, the thalidomide tragedy stands for all of the "monsters" that can be inadvertently or negligently created by modern medicine. Thalidomide, once banned, has returned to the center of controversy with the Food and Drug Administration's (FDA's) announcement that thalidomide will be placed on the market for the treatment of erythema nodosum leprosum, a severe dermatological complication of Hansen's disease. Although this indication is very restricted, thalidomide will be available for off-label uses once it is on the …

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Stem Cell Politics, Ethics And Medical Progress, George J. Annas, Arthur Caplan, Sherman Elias Jan 1999

Stem Cell Politics, Ethics And Medical Progress, George J. Annas, Arthur Caplan, Sherman Elias

Faculty Scholarship

Controversy over how to fund and regulate stem cell research continues in the US and is unlikely to be resolved anytime soon. The National Institutes of Health (NIH) has announced that it is prepared to fund stem cell research under yet-to-be-specified guidelines. The National Bioethics Advisory Commission (NBAC) issued a report on stem cells in mid-September, recommending that Congress change the law to permit the derivation and use of stem cells from embryos no longer needed for reproduction purposes that are stored at in vitro fertilization (IVF) clinics. The NBAC also recommended that the Department of Health and Human Services …

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The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder Jan 1999

The Midas Touch: The Lethal Effect Of Wealth Maximization, Jeanne L. Schroeder

Articles

The article critically examines the concept of wealth maximization in law and economics, arguing that it is fundamentally flawed due to its inability to account for the distinction between exchange value and use value. Wealth maximization, rooted in the masculine regime of possession and exchange, represses the feminine act of enjoyment, leading to a paradox where achieving its goal would result in the collapse of the market system. The analysis draws on Lacanian theory to explore the sexual impasse underlying this paradox, suggesting that the pursuit of wealth without consideration for enjoyment is self-destructive and unsustainable.

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From Watergate To Ken Starr: Potter Stewart's "Or Of The Press" A Quarter Century Later, Vikram David Amar Jan 1999

From Watergate To Ken Starr: Potter Stewart's "Or Of The Press" A Quarter Century Later, Vikram David Amar

UC Law Journal

No abstract provided.

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A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall Jan 1999

A Basic Concern For Process: Commentary On Quo Vadis, Prospective Overruling, James R. Mccall

UC Law Journal

No abstract provided.

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"Here Come De Judge": The Role Of Faith In Progressive Decision-Making, Derrick Bell Jan 1999

"Here Come De Judge": The Role Of Faith In Progressive Decision-Making, Derrick Bell

UC Law Journal

In this year's Tobriner Memorial Lecture, "Here Come de Judge: The Role of Faith in Progressive Decision-Making," Professor Bell examines the role of minority judges (and the criticisms lodged against them) in judicial efforts to eliminate discrimination and exploitation. Professor Bell argues that decisions that help correct past abuses, such as those upholding affirmative action, are temporary at best because society quickly renders them ineffectual and marginal. Professor Bell further argues that even the minorities who occupy positions of stature within the legal system, such as judges and scholars, are used against the larger minority population because they are held …

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Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf Jan 1999

Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf

Faculty Publications

Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.

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Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts Jan 1999

Institute Brief: Recreation In The Community, Maria Paiewonsky, Susan Tufts

The Institute Brief Series, Institute for Community Inclusion

Recommendations from community recreation providers on how to include youth with disabilities in recreation programs.

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Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko Jan 1999

Research To Practice: The Successes And Struggles Of Closing A Facility-Based Employment Service, John Butterworth, Sheila Fesko

Research to Practice Series, Institute for Community Inclusion

A brief overview of findings from the Conversion to Integrated Employment monographs.

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Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff Jan 1999

Institute Brief: Quality Employment Services: Will You Know It When You See It?, David Hoff

The Institute Brief Series, Institute for Community Inclusion

Guidelines and steps for people with disabilities to evaluate agencies in order to receive services that best meet their individual needs.

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Qualified Immunity: A View From The Bench, Hon. Frederic Block Jan 1999

Qualified Immunity: A View From The Bench, Hon. Frederic Block

Touro Law Review

No abstract provided.

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Humanities And The Law: A Kinship Of Performance, James Boyd White Jan 1999

Humanities And The Law: A Kinship Of Performance, James Boyd White

Articles

The following essay is adapted from “A Visiting Scholar Considers The Law and the Humanities”, which appeared in The Key Reporter of Phi Beta Kappa in summer 1998 as a partial report of the author’s year as a Phi Beta Kappa Visiting Scholar. The selection here is a summary of a lecture the author delivered during his travels to eight colleges and universities throughout the United States.

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Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth Jan 1999

Jury Reform At The End Of The Century: Real Agreement, Real Changes, Phoebe C. Ellsworth

Articles

Complaints about the jury system and calls for its reform are nothing new-they have probably existed as long as the jury system itself. Warren Burger called for the reform of the civil jury in 1971'; in 1905 William Howard Taft decried the contemporary tendency "to exalt the jury's power beyond anything which is wise or prudent .... ,2 Judges complain to judges, lawyers complain to lawyers, legal academics write articles about the jury for other legal academics, social scientists report their research on juries to other social scientists, and the jurors themselves go home and express their exasperation to their …

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Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman Jan 1999

Lilly V. Virginia: A Chance To Reconceptualize The Confrontation Right, Richard D. Friedman

Articles

In Lilly v. Virginia, the Supreme Court once again has the opportunity to grapple with the meaning of the Confrontation Clause of the Sixth Amendmel).t. The basic facts of Lilly are simple, for they present the ageold problem of accomplice confessions. Three men, Gary Barker and Ben and Mark Lilly, went on a crime spree, during which one of them shot to death a young man they had robbed and kidnaped. Ben Lilly was charged with being the triggerman, and Barker testified to that effect at Ben's trial. Mark did not testify. But Mark had made a statement to the …

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The Wto Reaches Out To The Environmentalists: Is It Too Little, Too Late?, Dale Arthur Oesterle Jan 1999

The Wto Reaches Out To The Environmentalists: Is It Too Little, Too Late?, Dale Arthur Oesterle

Colorado Environmental Law Journal

No abstract provided.

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Environmental Protection In Kazakhstan: The New Oil Legislation, Yuliya Mitrofanskaya Jan 1999

Environmental Protection In Kazakhstan: The New Oil Legislation, Yuliya Mitrofanskaya

Colorado Environmental Law Journal

No abstract provided.

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Clean Air And A Clean Environment As Fundamental Human Rights, David Smith Jan 1999

Clean Air And A Clean Environment As Fundamental Human Rights, David Smith

Colorado Environmental Law Journal

No abstract provided.

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Unfccc Technical Workshop On Mechanisms Of The Kyoto Protocol, Sophia Tsai Jan 1999

Unfccc Technical Workshop On Mechanisms Of The Kyoto Protocol, Sophia Tsai

Colorado Environmental Law Journal

No abstract provided.

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Problems In The Nuclear Age: The 1999 Nuclear Accident In Japan, Megan Brynhildsen Jan 1999

Problems In The Nuclear Age: The 1999 Nuclear Accident In Japan, Megan Brynhildsen

Colorado Environmental Law Journal

No abstract provided.

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California Concerned About Contaminated Water: Canadian Corporation Files Nafta Expropriation Claim Against U.S., Julia Ferguson Jan 1999

California Concerned About Contaminated Water: Canadian Corporation Files Nafta Expropriation Claim Against U.S., Julia Ferguson

Colorado Environmental Law Journal

No abstract provided.

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Developing Nations And The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Scott Holwick Jan 1999

Developing Nations And The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Scott Holwick

Colorado Environmental Law Journal

No abstract provided.

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Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long Jan 1999

Protocol On Liability And Compensation For Damage Resulting From The Transboundary Movements Of Hazardous Wastes And Their Disposal, Jerrold A. Long

Colorado Environmental Law Journal

No abstract provided.

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The Quad (The Winter 1999-2000 Alumni Magazine), Southern Methodist University, School Of Law Jan 1999

The Quad (The Winter 1999-2000 Alumni Magazine), Southern Methodist University, School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Campaigning for Success: The law school has raised more then $20 million of it's $30 million goal• U.S. Senator Kay Bailey Hutchison Speaks at SMU
• Yeager Tapped for Alumni Development

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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.

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Racial Preference In Law School Admissions: The Public Interest In A Diverse Legal Profession, Robert Allen Sedler Jan 1999

Racial Preference In Law School Admissions: The Public Interest In A Diverse Legal Profession, Robert Allen Sedler

Law Faculty Research Publications

No abstract provided.

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Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning Jan 1999

Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

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Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning Jan 1999

Prosecutorial Misconduct In Grand Jury Investigations, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

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