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2000

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Full-Text Articles in Law

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Ibpp Editor Dec 2000

Trends. Terrorism, Terror Management, And Faking Mental Disorder, Ibpp Editor

International Bulletin of Political Psychology

This article highlights the difficulty of determining if defendants on trial are faking mental disorder. The case in question involves the bombing of United States embassies in Kenya and Tanzania.


In Memory Of Sanford Jaccob Fox Dec 2000

In Memory Of Sanford Jaccob Fox

Boston College International and Comparative Law Review

No abstract provided.


The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford Dec 2000

The Western European Union, Yugoslavia, And The (Dis)Integration Of The Eu, The New Sick Man Of Europe, William Bradford

Boston College International and Comparative Law Review

This Article examines the historical evolution of the Western European Union (WEU) within the context of its relationship to NATO and to the European Union (EU) in order to explain Europe's failure to devise and implement collective security measures during the dissolution of Yugoslavia. This Article concludes that, under the limitations of its present legal and political framework, the WEU is not a realistic alternative to NATO in the "post-post-Cold War era" and that continued failure to craft a European defense identity and to meld it to effective European security institutions will prevent the EU from generating cohesive force in …


The Need For Centralized Securities Regulations In The European Union, Karen M. Smith Dec 2000

The Need For Centralized Securities Regulations In The European Union, Karen M. Smith

Boston College International and Comparative Law Review

Developing a system of securities regulation in the European Union has been a difficult task. Currently, markets are regulated at the national level and are guided by certain minimum standards established by EU Directives. The Investment Services Directive, enacted in 1996, was heralded as the final piece of legislation required to complete a unified market for securities. This Note discusses the ISD's failure to result in a fully integrated market and concludes that EU markets need supervision by a centralized regulatory body to allow them to become fully integrated.


Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li Dec 2000

Recommendations For The Curbing Of Corruption, Cronyism, Nepotism, & Fraud In The European Commission, Kelly Li

Boston College International and Comparative Law Review

The European Commission consists of twenty appointed members including a Commission President, and serves primarily as a policy initiator and administrator for the European Union. Allegations of corruption had long surrounded the Commission and, through a series of events, an independent panel of experts was charged with the duty of investigating specific allegations of corruption. On March 16, 1999, the independent panel issued a scathing report of a "sad catalog of negligence and mismanagement" by the Commissioners. This report not only identified individual instances of mismanagement, cronyism, nepotism, and fraud but also excoriated the Commission for lacking "even the slightest …


Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel Dec 2000

Will The Great Banana War Ever End: Will The Tariff Only System Be The Solution?, Jessica L. Spiegel

Boston College International and Comparative Law Review

The European Union and the United States are in the midst of the Great Banana War, a trade dispute over EU banana tariffs. The World Trade Organization authorized sanctions against the EU, effective until the EU modifies its banana tariff system to comply with WTO rules. Meanwhile, the EU's fonner colonies, the ACP nations, are caught in the precarious position of losing the EU's preferential treatment concerning the banana tariffs. This Note highlights the issues surrounding this conflict and advocates on behalf of the EU's latest re-configuration of its tariff system.


Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman Dec 2000

Exemptions To The European Union Personal Data Privacy Directive: Will They Swallow The Directive?, Stephen A. Oxman

Boston College International and Comparative Law Review

This Note analyses the probable effectiveness of the European Union Data Protection Directive, which was passed in order to curtail the invasion of personal privacy that has accompanied the development of the Internet, in light of three potentially expansive exemptions contained within the Directive. The author concludes that the goals of the Directive will be achieved only if Member States interpret these exemptions restrictively when enacting legislation pursuant to the Directive.


The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi Dec 2000

The Approaches Of The European Commission And The U.S Antitrust Agencies Towards Exclusivity Clauses In Licensing Agreements, Sergio Baches Opi

Boston College International and Comparative Law Review

This Article examines and compares the differing treatment of territorial restraints in licensing agreements under United States (U.S.) antitrust law and European Union (E.U.) competition law. While in the U.S. vertical territorial restraints are assessed under the Rule of Reason, in the E.U. they often are considered illegal per se, unless exempt under the E.U. Technology Transfer Regulation or by an express decision of the Commission addressed to the parties to the licensing agreement. Yet, even if a licensing agreement is exempt under the E.U. Regulation, the Regulation imposes severe time limitations on exclusivity clauses. These different approaches in the …


Table Of Contents - Issue 2, Chicago-Kent Law Review Dec 2000

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


Bad Medicine: The Anticompetitive Side-Effects Of Physician Unionization, Thomas Hamilton Segars Dec 2000

Bad Medicine: The Anticompetitive Side-Effects Of Physician Unionization, Thomas Hamilton Segars

Chicago-Kent Law Review

In response to the predominance of managed health care, ever-increasing numbers of physicians are turning to unionization as a means of negotiating contracts with larger insurers. While physician unionization has a history of both political and legal controversy, recent federal legislation aims to make the practice legitimate. This Note discusses the trend toward physician unionization, the resulting anticompetitive effects, as well as possible alternatives for physicians seeking to bargain with the powerful health care insurance industry.


Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers Dec 2000

Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eric S. Janus, A Focus on Access to the Legal Profession, at 1.

Carol Chomsky & Margaret Montoya, Presidents' Column, at 1.

Joan Howarth, Report from the Bar Exam Task Force, at 2.

Cover Conference Scheduled for March 2-4 in New Hampshire, at 3.

Jane Dolkart, Theresa Glennon & Peter Margulies, The Robert Cover Workshop, at 3.

Theresa Glennon & Peter Margulies, Improving Law School Admissions Now, at 3.

Sylvia A. Law, SALT Honors Found and First President Norman Dorsen, at 4.

Norman Dorsen's Acceptance, at 5.

Deborah …


Foucault And Gadamer: Like Apples And Oranges Passing In The Night, Gary Wickham Dec 2000

Foucault And Gadamer: Like Apples And Oranges Passing In The Night, Gary Wickham

Chicago-Kent Law Review

This Article explores some points of connection between Michel Foucault's "governmentality" approach and Hans-Georg Gadamer's hermeneutics and concludes that Gadamer's project does not easily mesh with the Foucaultian critique. Instead, this Article argues that Foucault's reading of Heidegger diverges significantly from Gadamer's, and that an attempt to link the philosophers through their common heritage is unavailing. In conclusion, this Article suggests that the divide between hermeneutics and critical theory (in a Foucaultian sense) cannot be bridged easily, despite the few vague family resemblances evident in the literature.


Foreword, Francis J. Mootz Iii Dec 2000

Foreword, Francis J. Mootz Iii

Chicago-Kent Law Review

No abstract provided.


The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith Dec 2000

The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith

Chicago-Kent Law Review

Using Hans-Georg Gadamer's exposition of Aristotle's adjuncts to phronêsis, or the knowing that guides deliberation, namely understanding, forbearance, and clemency, this Article attempts to retrieve a communal reasoning still evident in Homer but increasingly covered over beginning with Plato and continuing through Hobbes and Locke, in the English-language tradition, and, more recently, Rawls and Toulmin. This Article shows that, in Gadamer's reading of him, Aristotle emerges as a crucial interruption of this tendency of Western thought to abstract from the communal origins of reasoning and to start instead from what an isolated individual sees for himself or herself and …


Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich Dec 2000

Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich

Chicago-Kent Law Review

Early common law, both Anglo-Saxon and Anglo-Norman, offered plaintiffs a choice between love and law. Lovedays were more frequent than lawdays, and love explicitly took precedence over formal law. The judgment of love took the form of agreement through amity rather than enmity, affect rather than agon or trial. Using the institution of lovedays as a starting point, Goodrich's Article goes on to trace a longer-term continental history of courts and judgments of love that spans over five centuries and plays out in poetry, theater, and literature as much as in any secular legal institution. Offering a synopsis of the …


Law As Interpretation, Charles W. Collier Dec 2000

Law As Interpretation, Charles W. Collier

Chicago-Kent Law Review

This Article situates the field of law within the interpretive disciplines and analyzes a number of key legal issues as problems of interpretation. The discussion begins with some historically important interpretive paradigms and methodological metaphors in the natural sciences, the humanities, and the social sciences. Then, within the field of law, a common law narrative, a constitutional narrative, and a community-society paradigm are described and explicated as basic interpretive frameworks of legal decision making.


Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler Dec 2000

Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler

Chicago-Kent Law Review

Beginning with an account of recent efforts, like Georgia Warnke's, to demonstrate Hans-Georg Gadamer's relevance to legal theory, this Article looks at Gadamer's conception of language and tradition, claiming that, while he shares important features of Heidegger's thought, Gadamer productively grounds his view of language and tradition in such a way that the everyday realm of public discourse, characterized by a healthy injunction to foster reasoned debate amongst divergent perspectives and interpretations, has a vital and integral role to play. While Gadamer criticizes the Enlightenment's hostility to tradition, paradoxically, his concept of linguistically mediated tradition has far more in common …


The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii Dec 2000

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

Chicago-Kent Law Review

In his recent book, Cultural Software, Jack Balkin offers a new approach to ideology and critical theory in an effort to overcome the deficiencies he finds in Hans-Georg Gadamer's hermeneutical account. This Article demonstrates that the productive aspects of Balkin's theory are central to Gadamer's philosophy, and the unproductive elements in Balkin's theory are best explained by his deviation from Gadamer's philosophical hermeneutics. Mootz rejects Balkin's transcendental argument in favor of Gadamer's insistence that critique is a feature of hermeneutical experience and that critical theory is the practice of maximizing the critical distance that occurs only within hermeneutical engagements. …


Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright Dec 2000

Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright

Chicago-Kent Law Review

This Article offers fresh insight into the controversial issue of hate speech regulation by borrowing major themes from the works of Hans-Georg Gadamer and Jürgen Habermas. Wright emphasizes Gadamer's connection between language and historical traditions to demonstrate how hate speech differs from any real attempt at genuine speaking. Wright then focuses on Habermas's notion of a communicative ideal that helps differentiate between speakers who intend to invite open discourse and typical epithet speakers who likely have no such purpose. Wright concludes that the contributions of Gadamer and Habermas enable us to determine what types of speech promote the values underlying …


Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri Dec 2000

Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri

Chicago-Kent Law Review

This Article seeks a model for a constitutional hermeneutics in an examination of two key debates in philosophical hermeneutics—the Gadamer-Betti debate over the role of author's meaning in interpretation and the Gadamer-Habermas debate over transcendence and critique. It compares these to the framers' intent and nonoriginalism disputes in constitutional theory. But the result is not another method of constitutional interpretation. Rather it is a hermeneutically informed way of viewing the practice of constitutional adjudication itself.


The New Deal At Work, Peter Cappelli Dec 2000

The New Deal At Work, Peter Cappelli

Chicago-Kent Law Review

The traditional employment system with secure, lifetime jobs offering predictable advancement and stable pay has given way to a new, more open-ended arrangement that is continually being negotiated between employer and employee. Evidence is presented both about the factors driving this new relationship and the subsequent changes in labor market outcomes. Tighter labor markets have, perhaps temporarily, shifted power from employers to employees, leading to new problems for employers and fundamental challenges to traditional models for management. These developments also raise new challenges for society and in particular to the long-standing interest in protecting employees from some of the destructive …


Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby Dec 2000

Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby

Chicago-Kent Law Review

Contrary to popular belief, career-type employment practices remain the norm in the U.S. labor market, and employers continue to shoulder risks for employees. Evidence to support this claim is drawn from a variety of sources: data on tenure and mobility; analysis of new job creation and job quality; recent employer responses to labor-market tightness; and data on wage premiums, fringe benefits, and training. Yet employees are bearing more risk today, including risk of job loss and of compensation fluctuations. This is an important change from the past. Nevertheless, there are limits—economic, demographic, and political—to the risk-shifting process.


Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson Dec 2000

Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson

Chicago-Kent Law Review

Congress should abolish the nonimmigrant visa for farmworkers because of its inherently abusive and unjust nature. The visa allows abuse of farmworkers to flourish because guest workers, who live in the United States only for a short period of time, have no hope of becoming permanent residents. The workers constantly fear deportation and are unlikely to assert their rights in court. Because guest workers, by nature of their visas, may only work for one employer and the consequence for quitting is deportation, the workers may be forced to endure abusive treatment. Legal coercion prevents agricultural guest workers from leaving their …


So What? The Individual Right To The Ownership Of Firearms Under The Ninth Amendment, Robert E. Bodine Dec 2000

So What? The Individual Right To The Ownership Of Firearms Under The Ninth Amendment, Robert E. Bodine

Chicago-Kent Law Review

This Note argues that the Second Amendment to the United States Constitution fails to resolve the debate over the existence of a fundamental, individual right to keep and bear arms because the Ninth Amendment is in fact the proper source for that right. This Note performs a historical analysis of the creation of the Constitution, reviews the little Supreme Court precedent regarding the right, and then demonstrates how the Supreme Court has applied the Ninth Amendment in cases dealing with other issues. Bodine concludes that applying the Ninth Amendment in that same manner necessarily leads to an inference of a …


Editor's Note, Robyn M. Holtzman Dec 2000

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.


The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon Dec 2000

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …


The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein Dec 2000

The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein

Federal Communications Law Journal

When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …


The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister Dec 2000

The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister

Federal Communications Law Journal

The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.


The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth Dec 2000

The Art Of Writing Good Regulations, Harold W. Furchtgott-Roth

Federal Communications Law Journal

In this introduction to the three pieces that follow, Commissioner Harold Furchtgott-Roth proposes his view that the regulation-drafting process relies more on art than science. The Commissioner sets out a four-category sliding scale to evaluate regulations, and lists the most frequently noted problems with FCC-promulgated rules.


Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker Dec 2000

Communications Media And The First Amendment: A Viewpoint-Neutral Fcc Is Not Too Much To Ask For, Helgi Walker

Federal Communications Law Journal

In the "new economy" driven by the telecommunications industry, the FCC is a busy agency. Given the myriad legal issues faced daily by agency decisionmakers and the lack of perfect clarity in major communications legislation, a few legal missteps here and there by the FCC might be expected. In one area, however, the public can and should demand a first-rate agency record: regulation of communications media without regard to the viewpoint expressed via that media, as the First Amendment requires. This Article offers two case studies in which the FCC arguably took viewpoint-discriminatory actions with regard to regulated broadcasters, and …