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2002

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Articles 1201 - 1230 of 8367

Full-Text Articles in Law

Discussion: Part I Aug 2002

Discussion: Part I

International Law Studies

No abstract provided.


Judging Kosovo: The Legal Process, The Law Of Armed Conflict, And The Commander In Chief, James E. Baker Aug 2002

Judging Kosovo: The Legal Process, The Law Of Armed Conflict, And The Commander In Chief, James E. Baker

International Law Studies

No abstract provided.


Table Of Contents (Volume 78) Aug 2002

Table Of Contents (Volume 78)

International Law Studies

No abstract provided.


Introduction To Part Ii: The Applicability Of The Law Of Armed Conflict, Scott Silliman Aug 2002

Introduction To Part Ii: The Applicability Of The Law Of Armed Conflict, Scott Silliman

International Law Studies

No abstract provided.


Rule Of Conduct During Humanitarian Intervention, Ivan Shearer Aug 2002

Rule Of Conduct During Humanitarian Intervention, Ivan Shearer

International Law Studies

No abstract provided.


Full Volume 78: Legal And Ethical Lessons Of Nato's Kosovo Campaign Aug 2002

Full Volume 78: Legal And Ethical Lessons Of Nato's Kosovo Campaign

International Law Studies

No abstract provided.


International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?, Ove Bring Aug 2002

International Humanitarian Law After Kosovo: Is Lex Lata Sufficient?, Ove Bring

International Law Studies

No abstract provided.


Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards Aug 2002

Reflections (On Law Review, Legal Education, Law Practice, And My Alma Mater), Harry T. Edwards

Michigan Law Review

It is an honor for me to offer some reflections in commemoration of the 100th anniversary of the Michigan Law Review. I have many fond memories of my time at the University of Michigan Law School, both as a law student and a member of the faculty. I was therefore pleased to accept the assignment to present the keynote address at the Centennial Celebration banquet. It is hard for me to believe that it has been almost 40 years since I was invited to serve on the Michigan Law Review. I remember it like it was yesterday, for it was …


The Rights Of Animals: A Very Short Primer, Cass R. Sunstein Aug 2002

The Rights Of Animals: A Very Short Primer, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Do animals have rights? Almost everyone believes in animal rights, at least in some minimal sense; the real question is what that phrase actually means. By exploring that question, it is possible to give a clear sense of the lay of the land—to show the range of possible positions, and to explore what issues, of theory or fact, separate reasonable people. On reflection, the spotlight should be placed squarely on the issue of suffering and well-being. This position requires rejection of some of the most radical claims by animal rights advocates, especially those that stress the "autonomy" of animals, or …


The Rhetoric Of Constitutional Law, Erwin Chemerinsky Aug 2002

The Rhetoric Of Constitutional Law, Erwin Chemerinsky

Michigan Law Review

I spend much of my time dealing with Supreme Court opinions. Usually, I download and read them the day that they are announced by the Court. I edit them for my casebook and teach them to my students. I write about them, lecture about them, and litigate about them. My focus, like I am sure most everyone's, is functional: I try to discern the holding, appraise the reasoning, ascertain the implications, and evaluate the decision's desirability. Increasingly, though, I have begun to think that this functional approach is overlooking a crucial aspect of Supreme Court decisions: their rhetoric. I use …


A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein Aug 2002

A Rational Basis For Affirmative Action: A Shaky But Classical Liberal Defense, Richard A. Epstein

Michigan Law Review

I am honored to participate in a symposium on the occasion of the lOOth anniversary of one of America's preeminent law reviews. I am saddened, however, to write, at what should be a moment of celebration, with the knowledge that both the Law School and the College of Literature, Science and the Arts are enmeshed in extensive litigation over the critical and explosive issue of affirmative action. To find striking evidence of the deep split of learned judicial views on this issue, it is necessary to look no further than the sequence of opinions in Gratz v. Bollinger and Grutter …


Recent Books, Michigan Law Review Aug 2002

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.


No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan Aug 2002

No Longer Safe At Home: Preventing The Misuse Of Federal Common Law Of Foreign Relations As A Defense Tactic In Private Transnational Litigation, Lumen N. Mulligan

Michigan Law Review

In an increasingly common litigation strategy, plaintiffs in Patrickson v. Dole Food Company, laborers in the banana industries of Costa Rica, Ecuador, Guatemala and Panama, brought a classaction suit in Hawaii state court against Dole Food and other defendants. Plaintiffs brought only state law causes of action, alleging that they had been harmed by Dole Food's use of DBCP, a toxic pesticide banned from use in the United States. Dole Food removed the case to federal district court seeking the procedural advantages of a federal forum, as corporate defendants facing alien tort plaintiffs seeking redress for overseas conduct invariably do. …


Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich Aug 2002

Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich

Cornell Law Faculty Publications

Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.


Commentary: Part Vi, Rein Mullerson Aug 2002

Commentary: Part Vi, Rein Mullerson

International Law Studies

No abstract provided.


Foreword: William Dennis Hawkland - A Tribute, William E. Crawford Aug 2002

Foreword: William Dennis Hawkland - A Tribute, William E. Crawford

Louisiana Law Review

No abstract provided.


Administrative-Law-Like Obligations On Private[Ized] Entities, Jack M. Beermann Aug 2002

Administrative-Law-Like Obligations On Private[Ized] Entities, Jack M. Beermann

Faculty Scholarship

Privatization is often promoted as a cure for many of the problems of government. In this Article, Professor Beermann argues that the effect of privatization is likely to be muted by the fact that several related phenomena have, in recent years, reduced the differences between government and the private sector, especially when privatization is involved. First, private entities are often compelled to make public or provide to government a great deal of information about themselves, much as the Freedom of Information Act and related statutes require transparency in government. Second, discovery in litigation subjects a great deal of private information …


An Analysis Of The Duty To Negotiate In Good Faith: Precontractual Liability And Preliminary Agreement, Aarti Arunachalam Aug 2002

An Analysis Of The Duty To Negotiate In Good Faith: Precontractual Liability And Preliminary Agreement, Aarti Arunachalam

LLM Theses and Essays

Good faith is one concept that defies a clear definition and courts have struggled to understand and establish its scope and ambit. This paper just seeks to analyze the scope of the duty of good faith as understood at the stage when actually no contract has been formed. Despite considerable support for the existence of a duty of good faith, courts in US have not been very receptive in recognizing the duty of good faith especially in the precontractual stage, especially when parties enter into preliminary agreement. Courts have relied on the a number of factors to determine the enforceability …


Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr. Aug 2002

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …


Introduction To Part Iv: Collateral Damage, John Norton Moore Aug 2002

Introduction To Part Iv: Collateral Damage, John Norton Moore

International Law Studies

No abstract provided.


The Use Of Evidence In Admiralty Proceeding (4th Biennial Maritime Law Symposium) (August 15-17, 2002), Roger Williams University School Of Law Library Aug 2002

The Use Of Evidence In Admiralty Proceeding (4th Biennial Maritime Law Symposium) (August 15-17, 2002), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Table Of Contents - Cardozo Law Review, Volume 23, Issue 6 Aug 2002

Table Of Contents - Cardozo Law Review, Volume 23, Issue 6

Cardozo Law Review

No abstract provided.


Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter Aug 2002

Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter

Cardozo Law Review

No abstract provided.


Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden Aug 2002

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.


Same Sex Marriage: A Scandanavian Perspective, Marianne Delpo Kulow Aug 2002

Same Sex Marriage: A Scandanavian Perspective, Marianne Delpo Kulow

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Protecting Car Design Internationally: A Comparison Of British And American Design Laws, Erica Pruetz Aug 2002

Protecting Car Design Internationally: A Comparison Of British And American Design Laws, Erica Pruetz

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Defining Aggression: Why The Preparatory Commission For The International Criminal Court Has Faced Such A Conundrum, Jennifer Trahan Aug 2002

Defining Aggression: Why The Preparatory Commission For The International Criminal Court Has Faced Such A Conundrum, Jennifer Trahan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood Aug 2002

The Applicability Of International Humanitarian Law And The Law Of Neutraility To The Kosovo Campaign, Christopher Greenwood

International Law Studies

No abstract provided.


Operation Allied Force From The Perspective Of The Nato Air Commander, Michael Short Aug 2002

Operation Allied Force From The Perspective Of The Nato Air Commander, Michael Short

International Law Studies

No abstract provided.


The Laws Of War After Kosovo, Adam Roberts Aug 2002

The Laws Of War After Kosovo, Adam Roberts

International Law Studies

No abstract provided.