Law Commons^™

The Logic Of Reciprocity: Trust, Collective Action, And Law, Dan M. Kahan

Michigan Law Review

The Logic of Collective Action has for decades supplied the logic of public-policy analysis. In this pioneering application of public choice theory, Mancur Olson elegantly punctured the premise - shared by a variety of political theories - that individuals can be expected to act consistently with the interest of the groups to which they belong. Absent externally imposed incentives, wealth-maximizing individuals, he argued, will rarely find it in their interest to contribute to goods that benefit the group as a whole, but rather will "free ride" on the contributions that other group members make. As a result, too few individuals …

Class Schedule - Fall 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2003-2004, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …

Resigning As Dean: Stepping Down Or Stepping Up?, David E. Shipley

Scholarly Works

I am sure that I will enjoy being a regular law professor again, but there are some aspects of being Dean that I will miss. There are also some parts of the job I am happy to leave to my successor. Let me start with the things I am happy are no longer my responsibility.

Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Symposium Editor's Note, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Volume 28, No. 2

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Cheryl Woznica, Shawn Tock, Jon Krashinsky, Andrea Huckins

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.

Richmond Law Magazine: Fall 2003

Richmond Law Magazine

Features:

Summer School

Married to the Law

Rod Smolia

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.

Gender And Politics In Palestine: Discourse Analysis Of The Palestinian Authority & Islamists, Nahda Y. Sh'hada

University of Miami International and Comparative Law Review

No abstract provided.

Fredrick Sidell, M.D., Et Al., Jane's Chem-Bio Handbook (Alexandria: Jane's Information Group 1999). Super Terrorism: Biological, Chemical, And Nuclear (Yonah Alexander And Milton Hoenig Eds., Transnational Publishers 2001)., Ian Illych Martinez

University of Miami International and Comparative Law Review

No abstract provided.

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.

Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover

Dalhousie Law Journal

The Governments of Canada, Nova Scotia, and Newfoundland and Labrador are moving to enshrine existing offshore occupational health and safety (OHS) practices into the Atlantic Accord legislation governing the regulation of petroleum-related activity off the eastern coast of Canada. The proposed OHS amendments discussed in this paper are intended to provide a comprehensive legal framework to achieve the same kind of protection for offshore workers that onshore workers currently enjoy. Application of occupational health and safety laws in the offshore will be clarified so that these amendments, and not other federal or provincial OHS laws, will apply to any workplace …

Offshore Seismic And Fisheries And Environmental Issues - How Can They Be Reconciled?: A Case Study On The Public Review On The Effects Of Potential Oil And Gas Exploration Offshore Cape Breton, David Macdougall

Dalhousie Law Journal

The author describes the review process preceding the 2003 CNSOPB decision which permitted seismic activities offshore of Cape Breton. The process included a public review conducted by Commissioner Dr. Teresa MacNeil and the subsequent establishment of an Ad Hoc Working Group (part of the CNSOPB's existing Fisheries and Environment Advisory Committee (FEAC)) and a Science Working Group reporting to the Ad Hoc Working Group. In the author's view, the Ad Hoc Working Group arrived at the anticipated result; that is, continued disagreement among the opposing parties on the fundamental issues. Consequently CNSOPB was left with the decision on how to …

Union Certification On Offshore Production Installations, Gregory Anthony

Dalhousie Law Journal

The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.

Cover And Front Matter, Volume 29, Number 1, University Of Dayton

University of Dayton Law Review

Cover, title page and table of contents

Finding A Hole In The Adea: Allowing A Cause Of Action For Age Discrimination Among Employees Within The Age Of Protected Class, Tara-Ann Topputo

University of Dayton Law Review

No abstract provided.

Like Oil And Water: The Wto And The World's Water Resources, Rona Nardone

Connecticut Journal of International Law

It has been predicted that by 2025, two-thirds of the world's population will not have sufficient access to fresh drinking water to meet their basic needs.' Pollution, global climate change, unsustainable use, and a burgeoning worldwide population have compromised the security of existing water resources.2 Scarcity and inaccessibility are not merely specters of the future. Presently, 1.1 billion people lack clean drinking water, 2.4 billion are without water sanitation services,' and water shortages currently plague 450 million people in 29 countries.' In August of 2002, delegates to the United Nations Summit on Sustainable Development pledged to reduce the number of …

Book Review: Peace With Justice? War Crimes And Accountability In The Former Yugoslavia, Robert Whitman, Cara D. Cutler

Connecticut Journal of International Law

In PEACE WITH JUSTICE?,' Paul R. Williams (the Rebecca Grazier Professor of Law and International Relations at American University) and Michael P. Scharf (the Director of the International War Crimes Research Office and Professor of International Law at Case Western Reserve University School of Law) offer a study that evaluates and assesses the extent to which the norms and institutions of justice played a role in the peace-building process in the former Yugoslavia.

"This Is Not Like Any Other Legal Question": A Brief History Of Nazi Law Before U.K. And U.S. Courts, David Fraser

Connecticut Journal of International Law

This year marks the forty-fifth anniversary of the Hart-Fuller debate regarding legal positivism and natural law, which first appeared in the pages of the Harvard Law Review.' In this article I attempt to add to the mix and complexity of these jurisprudential debates by exploring the issue at the core of the Hart-Fuller discourse about law by placing it in the concrete context of decided case law. I will explore the current jurisprudential implications of our historically and discursively constructed images of "Nazi law." In what follows, I offer an examination of most of the cases which have compelled British …

Foreword, Stephen M. Schwebel

Vanderbilt Journal of Transnational Law

I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.

Jon's professional accomplishments were increasingly large. …

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman

Vanderbilt Law Review

People outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program. In fact, young doctors are among the few professionals who do not find postgraduate employment in the open job market. Currently, fourth-year medical students seeking postgraduate residency training participate in a process that matches them to a single residency program. This match dictates where the new doctor will spend the next three to seven years of her career. Upon receiving a match, the …

Federal Court Authority To Regulate Lawyers: A Practice In Search Of A Theory Of A, Fred C. Zacharias, Bruce A. Green

Vanderbilt Law Review

Federal courts regulate lawyers, including federal prosecutors, by enforcing various constitutional, statutory, and other legal constraints. Federal courts also adopt and enforce their own disciplinary rules pursuant to rule-making authority delegated by Congress. To what extent, however, do federal courts have independent power, in the absence of an explicit grant of authority, to regulate private lawyers and federal prosecutors? Although lower federal courts have long exercised power both to define and to sanction professional misconduct, the United States Supreme Court has never clarified the source and scope of this authority.

This issue is important for two reasons. First, most federal …

The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone

Vanderbilt Law Review

In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually …

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Sandra B. Zellmer, Mark Squillace

Faculty Law Review Articles

No abstract provided.

International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand

Dalhousie Law Journal

Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …

Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess

Dalhousie Law Journal

Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …