Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

History

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1471 - 1500 of 2072

Full-Text Articles in Law

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz Jan 1991

The Challenge Of, And Judicial Response To, Environmental Provisions In State Constitutions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz Jan 1991

The Morality Of Capital Punishment: An Exchange, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Bicentennial Of The United States District Court For The District Of Maryland 1790-1990, Andrew Radding Jan 1991

The Bicentennial Of The United States District Court For The District Of Maryland 1790-1990, Andrew Radding

Maryland Law Review

No abstract provided.


Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman Jan 1991

Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman

Reviews

Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following Judge Posner's essential arguments, …


University Of Richmond Law Review Jan 1991

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin Jan 1991

Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin

Michigan Journal of International Law

Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …


The Matrix Of The Common Law, George L. Haskins Jan 1991

The Matrix Of The Common Law, George L. Haskins

Cleveland State Law Review

Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …


Underwood Law Library Newsletter, Vol. 3, No. 1 – Fall 1991, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 1991

Underwood Law Library Newsletter, Vol. 3, No. 1 – Fall 1991, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.


Ex Proprio Vigore, James J. White Jan 1991

Ex Proprio Vigore, James J. White

Articles

The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.


The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy Jan 1991

The Condominia Of Morgan: A Family Of Bankers And A Family Of Banks, Michael P. Malloy

Fordham Law Review

The House of Morgan, By R. Chernow. Atlantic Monthly Press, 1990. Pp. 812. $14.95


Review Of Transforming Political Discourse, Donald J. Herzog Jan 1991

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …


Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford Jan 1991

Reformers' Regress: The 1991 Texas Workers' Compensation Act., Jill Williford

St. Mary's Law Journal

The revision of the Texas Workers’ Compensation Act will affect most Texas taxpayers and workers. The Act, entering into force January 1, 1991, significantly restructures the preexisting seventy-six-year-old system. Before the advent of workers’ compensation systems employees relied on the court and common-law causes of action as the sole means of recovery. In 1913, Texas enacted one of the first versions of workers’ compensation in the United States. The original act created a system to compensate workers for injuries sustained during employment without regard to fault. Initially the act was elective for employers and mandatory for employees but was later …


A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez Jan 1991

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes Jan 1991

Structural Free Exercise, Mary Ann Glendon, Raul F. Yanes

Michigan Law Review

In Part I of this article, we analyze the development of case law interpreting the religious freedom language of the First Amendment from the 1940s to the eve of the rights revolution as a casualty of the piecemeal approach to incorporation, compounded by a series of judicial lapses and oversights. Part II deals with the fate of the Religion Clause in the era of the rights revolution, when the free exercise and establishment provisions were deployed in the service of a constitutional agenda to which they were, in themselves, largely peripheral. The current period of doctrinal change is the subject …


The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross Oct 1990

The Rhetorical Tapestry Of Race: White Innocence And Black Abstraction, Thomas Ross

William & Mary Law Review

No abstract provided.


Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers Oct 1990

Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers

Dalhousie Law Journal

This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".


The 1940 Statement Of Principles On Academic Freedom And Tenure, Walter P. Metzger Jul 1990

The 1940 Statement Of Principles On Academic Freedom And Tenure, Walter P. Metzger

Law and Contemporary Problems

No abstract provided.


1940 Statement Of Principles On Academic Freedom And Tenure Jul 1990

1940 Statement Of Principles On Academic Freedom And Tenure

Law and Contemporary Problems

No abstract provided.


Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne Jul 1990

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Law and Contemporary Problems

No abstract provided.


Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne Jul 1990

Academic Freedom And The First Amendment In The Supreme Court Of The United States: An Unhurried Historical Review, William W. Van Alstyne

Faculty Publications

No abstract provided.


A Counter-History Of Antitrust Law, Rudolph J. Peritz Apr 1990

A Counter-History Of Antitrust Law, Rudolph J. Peritz

Duke Law Journal

No abstract provided.


Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz Mar 1990

Courts Busy With Challenges To Pennsylvania's Insurance Laws, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Rise Of The Contentious Spirit: Adversary Procedure In Eighteenth Century England , Stephan Landsman Mar 1990

Rise Of The Contentious Spirit: Adversary Procedure In Eighteenth Century England , Stephan Landsman

Cornell Law Review

No abstract provided.


Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz Jan 1990

Court Lifts Amortization Ban On Pa. Non-Conforming Uses, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz Jan 1990

Civil Disobedience, Injunctions, And The First Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Underwood Law Library Newsletter, Vol. 2, No. 1 – Fall 1990, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 1990

Underwood Law Library Newsletter, Vol. 2, No. 1 – Fall 1990, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.


Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp Jan 1990

Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp

Michigan Journal of International Law

This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …


A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds Jan 1990

A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds

Michigan Journal of International Law

On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").


The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng Jan 1990

The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng

Michigan Journal of International Law

For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …


Underwood Law Library Newsletter, Vol. 2, No. 2 – Winter 1990, Southern Methodist University, Dedman School Of Law, Underwood Law Library Jan 1990

Underwood Law Library Newsletter, Vol. 2, No. 2 – Winter 1990, Southern Methodist University, Dedman School Of Law, Underwood Law Library

Law Library Newsletter (1989-2006)

No abstract provided.