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1999

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Articles 7741 - 7770 of 7805

Full-Text Articles in Law

Europe And The Globalization Of Antitrust Law, David J. Gerber Dec 1998

Europe And The Globalization Of Antitrust Law, David J. Gerber

David J. Gerber

No abstract provided.

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U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown Dec 1998

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

Bartram Brown

No abstract provided.

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The Role Of Compensation In Personal Injury Tort Law: A Response To The Opposite Concerns Of Gary Schwartz And Patrick Atiyah, Christopher J. Robinette Dec 1998

The Role Of Compensation In Personal Injury Tort Law: A Response To The Opposite Concerns Of Gary Schwartz And Patrick Atiyah, Christopher J. Robinette

Christopher J Robinette

A failure to focus on the practical operation of tort law--especially as it intersects with insurance--is a feature of too much contemporary tort scholarship. It was in mid-century that Fleming James of Yale hauled tort law from its isolation into a recognition that it is not only undergirded but dominated by insurance, with its concomitant concern for paying accident victims and spreading losses. Even appellate courts in the old pre-James days recoiled from mentioning insurance, mirroring trial judges who shielded jurors from such sullied considerations. But despite James's breakthrough, thoughtful jurisprudes like Ernest Weinrib and Stephen Perry, along with younger …

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Rulemaking Developments, Robert C. Power Dec 1998

Rulemaking Developments, Robert C. Power

Robert C Power

No abstract provided.

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Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power Dec 1998

Reasonable And Other Doubts: The Problem Of Jury Instructions, Robert C. Power

Robert C Power

No abstract provided.

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An Interdisciplinary Analysis Of Statements To Mental Health Professionals Under The Diagnosis Or Treatment Hearsay Exception, John J. Capowski Dec 1998

An Interdisciplinary Analysis Of Statements To Mental Health Professionals Under The Diagnosis Or Treatment Hearsay Exception, John J. Capowski

John J. Capowski

No abstract provided.

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Book Review, Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee Dec 1998

Book Review, Reflections On A Rose In Its Sixth Season: A Review Of H. Jefferson Powell’S The Moral Tradition Of American Constitutionalism, Randy Lee

Randy Lee

No abstract provided.

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Lawyers And The Uncommon Good: Navigating And Transcending The Gray, Randy Lee Dec 1998

Lawyers And The Uncommon Good: Navigating And Transcending The Gray, Randy Lee

Randy Lee

No abstract provided.

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Opening Remarks From The Salt Teaching Conference, Karen Czapanskiy Dec 1998

Opening Remarks From The Salt Teaching Conference, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

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Law, Labor And The Mainstream Press: Labor Day Commentaries On Labor And Employment Law, 1882-1935, Michael J. Goldberg Dec 1998

Law, Labor And The Mainstream Press: Labor Day Commentaries On Labor And Employment Law, 1882-1935, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

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Mongolia: Avoiding Tragedy In The World's Largest Commons, Robert D. Cooter Dec 1998

Mongolia: Avoiding Tragedy In The World's Largest Commons, Robert D. Cooter

Robert Cooter

In Mongolia 300,000 nomadic people herd 25 million animals over an unfenced area twice the size of France. Current economic theories assert that efficiency requires privatizing land until the savings from reduced congestion equal the costs of exclusion. However, the fundamental tradeoff in Mongolia is different. In Mongolia, privatization solves the problem of congestion at the cost of aggravating the problem of spreading risk. Assigning exclusive use-rights over particular pastures to families solves the problem of congestion among herds and increases the transaction costs of moving the herds across climatic zones in response to inclement weather. Thus efficiency requires privatizing …

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Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo Dec 1998

Globalism And The Constitution: Treaties, Non-Self-Execution, And The Original Understanding, John C. Yoo

John C Yoo

As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early national periods to reconstruct the Framers’ understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution’s creation of a national legislature that …

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Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo Dec 1998

Treaties And Public Lawmaking: A Textual And Structural Defense Of Non-Self-Execution, John C. Yoo

John C Yoo

This Rejoinder responds to Professors Flaherty and Vazquez by advancing textual and structural constitutional arguments in defense of the doctrine of non-self-executing treaties. It first responds by raising several historical and contextual problems with Professor Flaherty’s Response. It then argues that requiring congressional implementation of treaties that regulate matters within Congress’s Article I, Section 8 powers respects the Constitution’s basic separation of the legislative and executive powers. This approach also ensures that treaties, which are asserted to be free from the Constitution’s federalism and the separation of powers limitations, will not assume an unbounded legislative power, and it promotes the …

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Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein Dec 1998

Introduction To The Panel On "Preventing Asian Type Crises: Who, If Anyone, Should Have Jurisdiction Over Capital Movements?", Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.

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Teaching And Research In International Environmental Law, David A. Wirth Dec 1998

Teaching And Research In International Environmental Law, David A. Wirth

David A. Wirth

No abstract provided.

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Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe Dec 1998

Adoption Laws And Practices In 2000: Serving Whose Interests?, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

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Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof. Dec 1998

Academic Standards Or Discriminatory Hoops? Learning-Disabled Student-Athlete And The Ncaa Initial Academic Eligibility Requirements, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the impact of federal disability laws on the NCAA's authority to apply its initial academic eligibility requirements to learning-disabled student-athletes. Part II provides an overview of the three primary federal laws governing students with learning disabilities. Part III describes the NCAA and the standards and processes it employs to determine freshman eligibility for athletic scholarships and participation in intercollegiate sports. Part IV tracks the judicial responses to litigation brought by students with learning disabilities challenging the NCAA eligibility criteria under the ADA. Part V analyzes the ADA's application to the NCAA and identifies specific instances in which …

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Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico Dec 1998

Elementos Do Contrato De Arrendamento Mercantil (Leasing) E A Propriedade Do Arrendatário, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo traça os pontos relevantes acerca do contrato de arrendamento mercantil conhecido como leasing. The article outlines the important points about the leasing.

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The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal Dec 1998

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Nathan M. Crystal

No abstract provided.

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Reading Nature Through Culture In Plato And Aristotle's Works On Law, Kirk W. Junker Dec 1998

Reading Nature Through Culture In Plato And Aristotle's Works On Law, Kirk W. Junker

Kirk W Junker

In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The Laws and Aristotle's Constitutions of Athens. In this paper I will argue that if we want to understand ecology …

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Derivatives Regulation In The Context Of The Shingle Theory, Allen Madison Dec 1998

Derivatives Regulation In The Context Of The Shingle Theory, Allen Madison

Allen Madison

This article discusses the regulation of derivative financial instruments. It notes that the government has neither come to a conclusion as to the necessity of regulation nor which agency would have jurisdiction. It also suggests that one tool that regulators could use as an enforcement tool is the "shingle" theory. Next, it provides history and analysis of this theory. Finally, it examines the current state of affairs regarding regulation of derivatives.

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New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis Dec 1998

New Migration And Racism In Cyprus: The Racialisation Of Migrant Workers, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper sets out to examine the processes of racialisation of temporary migrant or 'foreign' labour in Cyprus, a country traditionally exporting migrants but recently transformed into one of hosting migrants. It considers policies and rights relating to migrant workers and examines discourses around migration found in the Greek Cypriot press and magazines. It also examines the role of employers and trade unions in the racialisation of migrant workers. It considers how conceptualisations of ‘race’ and racism, and their interrelation with class, are useful in understanding and explaining the processes by which the people are excluded, inferiorised and exploited.

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כשל המשפט ככשל המסע (The Failure Of Law As The Failure Of The Voyage), Shulamit Almog Dec 1998

כשל המשפט ככשל המסע (The Failure Of Law As The Failure Of The Voyage), Shulamit Almog

Shulamit Almog

בסופו של המסע,לאחר שמוצו ההליכים המשפטיים,הפערים בין גברים לנשים ובין "היהודים הצפוניים" ל"יהודים הדרומיים" עמוקים ובלתי עבירים יותר מכפי שהיו.המשפט נכשל בארבעה הבטים:הוא השתיק את הקול הנשי,הוא החדיר ממד אלים לקונפליקט שבין הצדדים,לא עלה בידו לספק פתרון איכותי לאותו קונפליקט,והוא אף לא סיפק מענה מוסרי לשאלות אליהן נדרשה התייחסותו או למיצער דיון מוסרי.בסופו של המסע מצטיירת הפנייה למשפט לא בדרך פעולה המעצבת פתרונות קבילים ומגשרת על פערים,אלא כאופציה כושלת ואפילו הרסנית.

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5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz Dec 1998

5. Young Maltreated Children’S Competence To Take The Oath., Thomas D. Lyon, Karen J. Saywitz

Thomas D. Lyon

Two studies examined I92 maltreated young children's competence to take the oath.  Study I found that despite serious delays in receptive vocabulary, a majority of 5-year-olds correctly identified truthful statements and lies as such and recognized that lying is bad and would make authority figures mad. However, most participants up to 7 years of age could not define "truth" and "lie" or explain the difference between the terms. Four-year-olds were above chance in recognizing the immorality of lying but exhibited a tendency to identify all statements as the "truth. " Study 2 found that 4- and 5-year-olds performed above chance …

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4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon Dec 1998

4. The New Wave Of Suggestibility Research: A Critique., Thomas D. Lyon

Thomas D. Lyon

The new wave in children's suggestibility research consists of a prestigious group of researchers in developmental psychology who argue that children are highly vulnerable to suggestive interviewing techniques. Because of its scientific credentials, its moderate tone, and its impressive body of research, the new wave presents a serious challenge to those who have claimed that children are unlikely to allege sexual abuse falsely. Although we can learn much from the research, concerns over society's ability to detect abuse motivate three criticisms. First, the new-wave researchers assume that highly suggestive interviewing techniques are the norm in abuse investigations, despite little empirical …

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The New Casuistry, Paul R. Tremblay Dec 1998

The New Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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The Law Of Partner Expulsions: Fiduciary Duty And Good Faith, Paula J. Dalley Dec 1998

The Law Of Partner Expulsions: Fiduciary Duty And Good Faith, Paula J. Dalley

Paula J. Dalley

No abstract provided.

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Advertising Slogans And University Marketing: An Exploratory Study Of Brand-Fit And Cognition In Higher Education, Oscar T. Mcknight, Ronald Paugh Dec 1998

Advertising Slogans And University Marketing: An Exploratory Study Of Brand-Fit And Cognition In Higher Education, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

It is not uncommon for universities to develop and market their advertising slogan. This study examines institutional advertising slogans, and empirically tests the cognitive component of brand-fit. Findings are indicative of a relationship between cognition and university advertising slogans. Implications for university communications are marketing strategies are discussed.

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A Rapid Assessment Model For Student Affairs: A Paradigm, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann Dec 1998

A Rapid Assessment Model For Student Affairs: A Paradigm, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann

Oscar T McKnight Ph.D.

The importance and relevance of ongoing assessment within Student Affairs is paramount. However, there is often a problem securing relevant information within a brief window of time typically allotted by students. Therefore, this research introduced a rapid assessment model: The One-Minute Assessment. Findings suggest that the analysis of results given the One-Minute assessment can be both descriptive and inferential, depending on the planned assessment questions. The research addressed the Pros and cons of the One-Minute Assessment.

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Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee Dec 1998

Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.

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