Law Commons^™

Aboriginal Forestry: Community Management As Opportunity And Imperative, Deborah Curran, Michael M'Gonigle

Osgoode Hall Law Journal

In recognition that forests are one of their greatest resources, Aboriginal peoples are considering how altered tenure arrangements might uphold traditional values, including ecological integrity, while providing economic and employment opportunities. However, the federal and provincial forest management structures have historically precluded First Nations from helping to define, and participate in, the forest industry. The authors explore the legal and regulatory basis of forest management in Canada, and assess how it facilitates or impedes Aboriginal management of traditional areas. This is done through a legislative and policy analysis, and through the use of case studies from across Canada. The authors …

Standards Of Care And Standard Form Contracts: Distinguishing Patient Rights And Consumer Rights In Managed Care, Wendy K. Mariner

Faculty Scholarship

There is hardly a legislature in the country that is not currently debating the issue of patient rights in managed care. Not surprisingly, legislators, as well as reporters covering the debate, have called upon George J. Annas, Edward R. Utley Professor of Health Law and Chair of the Health Law Department at Boston University, for information and advice. Professor Annas has earned the title of "father of patient rights" for his decades of research, writing, and advocacy on behalf of individuals who need health care and deserve justice.

Today, however, one might ask whether patient rights are compatible with managed …

The Onus Of Proof Of Aboriginal Title, Kent Mcneil

Osgoode Hall Law Journal

In the Delgamuukw decision, the Supreme Court of Canada clearly placed the onus on the Aboriginal nations to prove their title by showing occupation of lands at the time the Crown asserted sovereignty. In this article, it is argued that the common law could assist them in this respect. They should be able to rely on present or past possession to raise a presumption of Aboriginal title, and so shift the burden onto the Crown to prove its own title. Moreover, Aboriginal nations may be more successful if they bring an action for trespass or for recovery of possession of …

Victory For The Public: West Publishing Loses Its Copyright Battle Over Star Pagination And Compilation Elements, Eman H. Jarrah

University of Dayton Law Review

No abstract provided.

Front Matter, Volume 25 Number 1, University Of Dayton

University of Dayton Law Review

Title page and table of contents, Volume 25, Number 1

The New Corporate Dilemma: Avoiding Liability In The Age Of Internet Technology, Caitlin Garvey

University of Dayton Law Review

No abstract provided.

A Personal Reflection On The Last Half Of The First Twenty-Five Years: Approaching The Millennium, Francis J. Conte

University of Dayton Law Review

25th Anniversary Special Reflection Section

Race-Conscious Admissions Programs In Higher Education: It's Not A Black And White Issue, Kira M. Feeny

University of Dayton Law Review

No abstract provided.

Reflections On The 25th Anniversary Of The Reopening Of The University Of Dayton School Of Law, Walter H. Rice

University of Dayton Law Review

25th Anniversary Special Reflection Section

Title Vii's Flight Within First Amendment Radar: The Outer Cosmos Of Employer Liability For Workplace Harassment Absent A Tangibly Discriminatory Employment Action, John H. Marks

University of Dayton Law Review

No abstract provided.

The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill

Vanderbilt Journal of Transnational Law

The trust is a common law invention, the product of experience over many years. But the more it is reduced to legislation, the more formalistic it becomes, and the less able it will be to respond to new situations and challenges. The quasi-code approach--and, to a much lesser extent, the targeted approach--also results in a fragmenting of the trust law. The trust has benefited immensely from the relative uniformity of most general principles throughout the Commonwealth and other common law countries. This has enabled developments, in the form of judicial pronouncements, in one country to be freely adopted in others. …

Protecting Privacy On The Front Page: Why Restrictions On Commercial Use Of Law Enforcement Records Violate The First Amendment, Jason L. Cagle

Vanderbilt Law Review

An individual is involved in an automobile accident and is arrested for driving under the influence. A few days after being re- leased, he receives several letters in the mail. One is from a chiropractor offering services to treat his injuries. Another is from an alcohol abuse treatment center. Yet another is from an attorney who defends traffic offenses. Each of the solicitors obtained the individual's name and address from publicly available records concerning the incident. The letters are truthful and not misleading, but utilize publicly available information for purely commercial purposes at the expense of the individual's privacy.

Several …

Online Auctions Of Repossessed Collateral Under Article 9, Michael Korybut

All Faculty Scholarship

Under U.C.C. Article 9, a secured creditor selling repossessed collateral must do so in a commercially reasonable manner. A traditional form of foreclosure sale is an auction conducted by a professional auctioneer. With the rapid growth of online auctions like eBay, secured parties may want to use the new platform to sell their collateral. But conceived in the 1940s, Article 9 was not drafted with the Internet in mind. The secured creditor will face many novel issues, including whether the defining characteristics distinguishing a real-world public sale from a private sale remain coherent and applicable in cyberspace; whether an online …

Bonus Questions--Executive Compensation In The Era Of Pay For Performance, Charles M. Yablon

Articles

The article critically examines the evolution of executive compensation, particularly the shift from traditional pay structures to performance-based systems, and argues that this shift has not resolved the underlying issues of excessive pay and misaligned incentives. Instead, it has introduced new conflicts of interest and inefficiencies. The author proposes a regulatory solution—a deductibility cap on executive pay—to curb excessive compensation and better align executive incentives with shareholder interests.

The Risks Of Adjudicating Vichy, Richard H. Weisberg

Articles

The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.

Masthead, Volume 21 (1999-2000)

Cardozo Law Review

No abstract provided.

Time Is Running Out For Customized Software: Resolving The Goods Versus Service Controversy For Year 2000 Contractual Disputes, Jennifer B. Cannata

Cardozo Law Review

No abstract provided.

Environmental Justice: From Partial Victories To Complete Solutions, Valerie P. Mahoney

Cardozo Law Review

No abstract provided.

Vol. 17, No. 05 (September 27, 1999)

Indiana Law Annotated

No abstract provided.

The Weekly September 27, 1999, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

Section 10: Justice Blackmun, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 9: The Court And The 2000 Election, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 8: Upcoming Issues Before The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Federalism, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

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

Supreme Court Preview

No abstract provided.

Section 6: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 11: Toni House, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 7: Criminal Law And Procedure, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.