Law Commons^™

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King

William & Mary Environmental Law and Policy Review

No abstract provided.

The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner

William & Mary Environmental Law and Policy Review

No abstract provided.

Congress's Tax Incentives Send Mixed Signals For Automobile Buyers: Should Americans Buy Gas Guzzlers Or Hybrids?, Bradley A. Ridlehoover

William & Mary Environmental Law and Policy Review

No abstract provided.

Dams And Levees Are Not Enough: The Case For Recognizing A Cause Of Action Against Non-Complying Nfip Communities, Timothy Kozlowski

William & Mary Environmental Law and Policy Review

No abstract provided.

Mandatory-Minimum Sentences And The Jury: Time Again To Revisit Their Relationship, Kirk J. Henderson

University of Dayton Law Review

No abstract provided.

The Constitutional Right To Watch Television: Analyzing The Digital Switchover In The Context Of The First Amendment , Eugene Ho

American University Law Review

No abstract provided.

A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord

Campbell Law Review

No abstract provided.

"It Is Much Easier To Find Fault With Others, Than To Be Faultless Ourselves": Contributory Negligence As A Bar To A Claim For Breach Of The Implied Warranty Of Merchantability, William B. L. Little

Campbell Law Review

To better understand the policy underpinnings of the statutory bar of certain implied warranty merchantability claims, this Article first reviews the origins and the continued vibrancy of the doctrine of contributory negligence in North Carolina. The doctrine is then examined in the context of North Carolina's enactment of the Products Liability Act and the doctrine's applicability to the implied warranty of merchantability.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 15, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Through A Glass Darkly: Measuring Loss Under Oregon's Measure 37, Edward J. Sullivan

Southeastern Environmental Law Journal

No abstract provided.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Law And Feminism: Editor's Note, Jamie Cameron

Osgoode Hall Law Journal

No abstract provided.

In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder

Osgoode Hall Law Journal

No abstract provided.

Law And Feminism: Foreword, Mary Jane Mossman

Osgoode Hall Law Journal

No abstract provided.

From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn

Osgoode Hall Law Journal

In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.

The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust

Osgoode Hall Law Journal

Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority …

A Comparative Analysis Of The Tension Created By Disability Access And Historic Preservation Laws In The United States And England, Christopher Parkin

Connecticut Journal of International Law

What is more important: an unchanging image of Boston's Public Library and Old South Church or an elevator providing disabled passengers access to an underground subway station? In 2006, the First Circuit Court of Appeals was presented with this question when it was forced to balance historic preservation law and disability access law in Neighborhood Association of the Back Bay, Inc. v. Federal Transit Administration.' This case exemplifies the tension that exists between the preservation of historic structures that are open to the public and the obligation to make modifications to such structures and their surroundings to accommodate persons with …

Shari'ah. Islamic Law And Arab Business Ethics, Frederick V. Perry

Connecticut Journal of International Law

What is law, and what function does it have in our lives? Many people and many cultures answer those questions differently.' Ethics, among other things, are concerned with judging things to be good or bad, especially behavior.2 Islam and its teachings, particularly Islamic Law, as this article will attempt to describe, informs and encompasses all of the activities, mundane and spiritual of the devout Muslim, including how he or she views ethical responsibilities. The use of the term "law" as in "Islamic Law" does not necessarily imply national or state sanctioned, legislated statutes. A handful of countries rule themselves nearly …

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Connecticut Journal of International Law

Al-haji Sawaneh, a child living in Sierra Leone, was kidnapped and conscripted into a rebel group.2 Shortly thereafter, he became a member of the Small Boys Unit ("S.B.U.") of the rebel group, participating in a number of horrific crimes against civilians and Sierra Leone's government soldiers. Sawaneh was one of thousands of child soldiers in Sierra Leone who played a major role in a bloody, decade-long civil war that claimed over 75,000 lives.' By the age of twelve, Sawaneh skillfully wielded an AK-47, issued to him because it was lightweight and more manageable for a small boy.4 The BBC reports …

Rethinking Extraterritorial Prosecution In The War On Terror: Examining The Unintentional Yet Foreseeable Consequences Of Extraterritorially Criminalizing The Provision Of Material Support To Terrorists And Foreign Terrorist Organizations, Alexander J. Urbelis

Connecticut Journal of International Law

Terrorists are an elusive bunch. The ability to track and terminate the source of terrorists' funding is central to making large strides against international terrorism. But the United States has had only limited success-terrorists have proved themselves to be thoughtful and formidable enemies, able to frustrate the most sophisticated efforts of their enemies by using the unconventional combination of ancient guerilla warfare tactics and advanced technologies to accomplish their goals.' In response to the tragic attacks of September 11, 2001, Congress passed the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or USA …

Legal Implications Of 'Safe Passage' Reconciling A Viable Palestinian State With Israel's Security Requirements, Justus Reid Weiner, Diane Morrison

Connecticut Journal of International Law

specially following the unilateral Israeli withdrawal from the Gaza Strip during the summer of 1995, legal scholars and policy makers have increasingly turned to the question of the viability of the future Palestinian state. Terms such as 'territorial contiguity,' 'territorial continuity,' 'territorial connectivity,' 'a viable state,' and 'safe passage' are commonly employed in references to the future state of Palestine, which will comprise two territorial areas. One area of the state will be in the Gaza Strip and the other will be in the West Bank. Approximately twenty miles of the Negev, the southern region of Israel, will separate the …

Private Versus Public Regulation: A Comparative Analysis Of British And American Takeover Controls, Brian E. Rosenzweig

Duke Journal of Comparative & International Law

No abstract provided.

Rules Versus Standards In Antitrust Adjudication, Daniel A. Crane

Washington and Lee Law Review

Antitrust law is moving away from rules (ex ante, limited factor liability determinants) and toward standards (ex post, multi-factor liability determinants). This movement has important consequencesfor the structure of antitrust adjudication, including shifting ultimate decision-making down the legal hierarchy (in the direction ofjuries, trial courts sitting as factfinders, and administrative agencies) and increasing the importance of economic experts. The efficiency consequences of this trend are often negative. Specifying liability determinants as open-ended, unpredictable standards increases litigation costs, chills socially beneficial industrial practices, allocates decisionmaking on microeconomic policy to unqualified juries, andfacilitates strategic misuse of antitrust litigation by rent-seeking competitors. Instead …

Embracing The Living Constitution: Justice Anthony M. Kennedy's Move Away From A Conservative Methodology Of Constitutional Interpretation, Lisa K. Parshall

North Carolina Central Law Review

No abstract provided.

Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer

North Carolina Central Law Review

No abstract provided.

Persecution Based On Persecution: How Gao V. Gonzales Broadens The Interpretation Of Asylum, David Baxter

North Carolina Central Law Review

No abstract provided.

In The Matter Of The Estate Of Gordon Lecompte V. Elaine Lecompte, Frank Pommersheim

Tribal Court Opinions Authored by Emeritus Professor of Law Frank Pommersheim

No abstract provided.

Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

Introduction to a 2007 Symposium held to mark the Thirtieth Anniversary of the Child Advocacy Clinic.

The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek

University of Michigan Journal of Law Reform

Although the U.N. Convention on the Rights of the Child has produced positive results in many countries, the United States remains one of the few nations that has not signed on to this treaty. This Essay will begin by describing the content of the treaty. This Essay will discuss the achievements, challenges, and solutions resulting from the treaty in the areas of child poverty, violence against children, and child labour. Given the positive results produced in other countries, this Essay will conclude with an invitation to the United States to join the Convention on the Rights of the Child.

The Multiethnic Placement Act: Threat To Foster Child Safety And Well-Being?, David J. Herring

University of Michigan Journal of Law Reform

Despite the efforts of public officials to reduce the time children spend in foster care, many children live in foster homes for a substantial portion of their childhoods. In fact, a child placed in a foster home may remain in that home for an extended period, with a significant possibility of remaining there permanently. In light of this situation, the decision to place a child in a particular foster home is extremely important.

The federal Multiethnic Placement Act ("MEPA ") significantly affects foster care placement decisions. This law expressly prohibits public child welfare agencies from delaying or denying a child's …