Law Commons^™

The Legal Response To International Water Scarcity And Water Conflicts: The Un Watercourses Convention And Beyond, Patricia Wouters

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

46 pages.

Contains footnotes.

Misinterpreting Bankruptcy Code Section 363(F) And Undermining The Chapter 11 Process, George Kuney

Scholarly Works

No abstract provided.

Survey Of Developments In The Law Of West Virginia: 2001 Part One, J. Christopher Gardill, Ashley Wilkinson, G. Kurt Dettinger, Paul L. Frampton, Paul W. Gwaltney Jr., Tammy Clark, Parween S. Mascari, Amy Moats, Kristina Thomas, Michael A. Menzel Jr., Matthew A. Nelson

West Virginia Law Review

No abstract provided.

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

Judging Judges: Securing Judicial Independence By Use Of Judicial Performance Evaluations, Penny White

Scholarly Works

No abstract provided.

Jubelirer’S Jubilee, Bruce Ledewitz

Ledewitz Papers

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

The Constitutions Of Sustainable Capitalism And Beyond, Bruce Ledewitz

Ledewitz Papers

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

Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali

ILSA Journal of International & Comparative Law

When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.

Bankruptcy Professionals, Debtor Dominance, And The Future Of Bankruptcy: A Review And A Rhapsody On A Theme, Thomas E. Plank

Scholarly Works

No abstract provided.

Gender Outlaws: Challenging Masculinity In Traditionally Male Institutions, Valorie K. Vojdik

Scholarly Works

No abstract provided.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.

Bio-Ethics And Physician Liability: The Liability Effects Of Developing Pain Management Standards, Steven E. Stark

St. Thomas Law Review

As the legal and regulatory environment related to health law becomes more complex, a health care provider's exposure to potential civil liability claims from patients and their families, possible disciplinary charges from regulatory agencies, and state and federal criminal charges has expanded as well. It is often stated that the law is intended to define and enforce legal duties, not moral or ethical obligations. Nevertheless, bioethical debates help shape the development of accepted professional standards which, if violated, often form the basis for imposition of civil, criminal, and administrative penalties. Developing ethical debates result in "prevailing professional standards" that lead …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 14, Issue 4, Fall 2002.

Charles Dickens' Bleak House: Mr. Tulkinghorn As A Successful Literary Lawyer, Maureen E. Markey

St. Thomas Law Review

After a short summary of the story of Bleak House, this Article analyzes the character of Mr. Tulkinghorn as a "successful literary lawyer" according to the criteria described by Richard Weisberg in his book Poethics. This Article concludes that, although Mr. Tulkinghom may be considered "successful" in one sense of the word-he is powerful, he achieves his goals, he makes money-he is an abject failure from an ethical, moral, humanistic, or any other perspective. Mr. Tulkinghorn's behavior simply cannot and should not be justified under ethical norms. This Article challenges attempts by lawyers to do so, as providing ammunition for …

Begging The Court's Pardon: Justice Denied For The Poorest Of The Poor, Daniel M. Cohen

St. Thomas Law Review

Astonishing as it may seem, if Benjamin Franklin were alive today, and he sought to collect alms for the poor on Fort Lauderdale Beach, he would, by force of law, find himself summarily expelled from the area. If Mr. Franklin then returned, seeking thus to heed the call of his conscience to help the downtrodden and oppressed, the great statesman and Founding Father of the United States would find himself placed under arrest. For the City of Fort Lauderdale, with the imprimatur of the Eleventh Circuit Court of Appeal, has deemed it Right and Good that soliciting a passerby for …

Theory And Reality In Statutory Interpretation, Harold P. Southerland

St. Thomas Law Review

No abstract provided.

The People Drunk Or The People Sober - Direct Democracy Meets The Supreme Court Of Florida, Thomas Rutherford

St. Thomas Law Review

In 1999 opponents of race and gender preferences in public education, public employment, and public contracting submitted to the Florida Secretary of State four petitions to end those practices in Florida. The sponsors, styling themselves as the Florida Civil Rights Initiative ("FCRI"), were led by businessman and University of California Regent Ward Connerly. The petitions were filed under the authority of Article XI, Section 3, of the Florida Constitution, which authorizes the direct proposal of constitutional amendments by the people. They were closely patterned after successful initiatives in California and Washington, where Connerly had been instrumental in securing adoption. Addressing …

A Defendant's Right To Exculpatory Evidence: Does The Constitutional Duty To Disclose Exculpatory Evidence Extend To New Evidence Discovered Post-Conviction, Todd E. Jaworksy

St. Thomas Law Review

This note will first address Brady and the modifications made to the disclosure law by subsequent cases. Second, this note will explain the ethical obligations concerning a prosecutor's duty to disclose exculpatory evidence post-conviction as set out by the Model Rules of Professional Conduct. Third, this note will critically examine various case law in which the constitutional duty to disclose is seemingly extended to encompass post-conviction, newly discovered exculpatory evidence in the hands of the prosecutor. Finally, this note will conclude with an analysis and opinion of the disclosure law, discussing why the constitutional duty should be extended post-conviction.

Environmental Federalism In The United States And The European Union: A Harmonic Convergence, Alfred R. Light

St. Thomas Law Review

In 1788, Benjamin Franklin wrote to some European friends just after the United States Constitution was signed in Philadelphia, "I send you. . . the proposed new federal Constitution for these states [i]f it succeeds, I do not see why you might not in Europe [do the same] by forming a Federal Union and one grand republic of all the different states and kingdoms; by means of a like Convention, for we had many interests to reconcile." Here, in the twenty-first century, Americans still measure their system of federalism with reference to the same document to which Franklin referred. It …

Federal-State Relations: The Allocation And Distribution Of Powers Of Government In The United States, Edward D. Re

St. Thomas Law Review

A brief presentation of the allocation and distribution of powers of government of the United States and those of the various states of the United States might not pose much of a challenge when addressing American judges, law professors and lawyers. A presentation even to a distinguished group of jurists not entirely familiar with the dual common law systems that prevail in the United States under its system of both federal and state jurisdiction is a different matter. Notwithstanding popular broad statements that "more and more power is now concentrated in Washington," meaning the federal or national government, and that …

The Trends Towards Federalism In Italy, Carlo Dapelo

St. Thomas Law Review

No abstract provided.

The New Institutional Italian Organization: The Federalism - The Experience Of Other European States And The U.S. System, Nerio Marino

St. Thomas Law Review

In 1860 Italy turned into a nation, indeed one year later, on March, 17, the Kingdom of Italy was proclaimed under the Savoy Royal Family. However the unity of Italy was completed only in 1866, with the annexation of Veneto and definitely in 1870 with the conquest of Rome. Since then the Boot (Italy), more than any other European country, have had all the premises to become a federal state.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Litigation In The Consumer Interest, Geraint Howells, Rhoda James

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century. Looking back on the last four decades, one can now clearly detect a trend for special legislation protecting the interests of consumers.

Transnational Accountability And The Politics Of Shame, James N. Rosenau

ILSA Journal of International & Comparative Law

Since my work on world affairs is sensitive to the legal dimensions of the course of events, it is an especial pleasure to participate for the first time in a meeting of the International Law Association.

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.