Law Commons^™

Tribute To Hibernia Turbeville, John H. Mcelhaney

SMU Law Review

No abstract provided.

Affirmative Action - A South African Perspective, T. H. Madala

SMU Law Review

No abstract provided.

Facets Of Texas Legal History, Frances Spears Cloyd

SMU Law Review

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1998-99), J. Rodney Johnson

Law Faculty Publications

In its 1999 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in its 1999 Session. In addition, there were eleven Supreme Court of Virginia opinions and one Bankruptcy Court opinion in the period covered by this review that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Law As Experience: Theory And The Internal Aspect Of Law, Thomas Morawtz

SMU Law Review

No abstract provided.

Civil Evidence, Elizabeth D. Whitaker, Amy K. Hunt

SMU Law Review

No abstract provided.

Construction Law, Michael F. Albers, Robert Meyers, Lucy Meyers Hendrick

SMU Law Review

No abstract provided.

Pilot Medical Certification: Current Standards And Procedures, Peter J. Wiernicki

Journal of Air Law and Commerce

No abstract provided.

The Iata Agreements And The European Regulation: The Latest Attempts In The Pursuit Of A Fair And Uniform Liability Regime For International Air Transportation, Federico Ortino, Gideon R.E. Jurgens

Journal of Air Law and Commerce

No abstract provided.

Legality And Morality In H.L.A. Hart's Theory Of Criminal Law, Hamish Stewart

SMU Law Review

No abstract provided.

Richmond Law Magazine: Winter 1999

Richmond Law Magazine

Feature:

Preparing for a Wired World

Economic Theory, Trader Freedom And Consumer Welfare: State Oil Co. V. Khan And The Continuing Incoherence Of Antitrust Doctrine, Alan J. Meese

Faculty Publications

No abstract provided.

Liberty And Antitrust In The Formative Era, Alan J. Meese

Faculty Publications

No abstract provided.

When Less Can Be More: Fractional Ownership Of Aircraft - The Wings Of The Future, Eileen M. Gleimer

Journal of Air Law and Commerce

No abstract provided.

Using Digital Locks In Invention Development, Howard C. Anawalt

Santa Clara High Technology Law Journal

No abstract provided.

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Santa Clara High Technology Law Journal

No abstract provided.

Preventing Post-Pepsico Disaster: A Proposal For Refining The Inevitable Disclosure Doctrine, Peter Huang

Santa Clara High Technology Law Journal

No abstract provided.

The Tension Must Break: The Irreconcilable Interplay Between Antitrust, Defenses To Infringement And Protection Of Standardized Software Development Tools, Wendy Milanese

Santa Clara High Technology Law Journal

No abstract provided.

The Orphan Drug Act: What's Right With It, Gary A. Pulsinelli

Santa Clara High Technology Law Journal

No abstract provided.

Who's Afraid Of Functional Claims? Reforming The Patent Law's §112, ¶6 Jurisprudence, Mark D. Janis

Santa Clara High Technology Law Journal

No abstract provided.

Breaking Out Of "Custody": A Feminist Voice In Constitutional Criminal Procedure, Dana Raigrodski

Articles

In this Essay, I suggest that reexamination of this field of law through a feminist lens can shed new light and add to the understanding of constitutional criminal procedure. These insights, in turn, can and should generate a positive feminist jurisprudence of criminal procedure—a distinctive feminist voice to be integrated systematically into our constitutional criminal procedure and our criminal justice system. Applying feminist legal theories to particular areas of constitutional criminal procedure may help guide us through the more difficult task of constructing a positive feminist jurisprudence of constitutional criminal procedure. Many areas of constitutional criminal procedure lend themselves as …

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iii), Craig H. Allen

Articles

No abstract provided.

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

Articles

In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed …

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

Articles

My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

Articles

There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning …

Portents Of The Year 2000 Computer Problem, Jack E. Brown

Santa Clara High Technology Law Journal

No abstract provided.

Control Of Inventions In A Networked World, Howard C. Anawalt

Santa Clara High Technology Law Journal

No abstract provided.

Bits, Bytes, And The Right To Know: How The Electronic Freedom Of Information Act Holds The Key To Public Access To A Wealth Of Useful Government Databases, Martin E. Halstuk

Santa Clara High Technology Law Journal

No abstract provided.

Proposed Model Rules Governing The Admissibility Of Computer-Generated Evidence, James E. Carbine, Lynn Mclain

Santa Clara High Technology Law Journal

No abstract provided.