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Articles 4651 - 4680 of 6239
Full-Text Articles in Law
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Faculty Publications
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen
Faculty Publications
Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …
Special Division Agonistes, John Q. Barrett
Special Division Agonistes, John Q. Barrett
Faculty Publications
When the independent counsel law sank, the casualties included a special "division" of the United States Court of Appeals for the District of Columbia Circuit. This division was the special court that Congress had created "for the purpose of appointing independent counsels." The now-expired 1994 independent counsel statute had, like its three predecessors, directed the Chief Justice of the United States to appoint three judges from the Supreme Court and/or the federal Courts of Appeals to serve on the special court for two-year terms. This independent counsel court, which was located for administrative purposes in the United States Court of …
A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins
A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …
"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer
"A" Students Go To Court: Is Membership In The National Honor Society A Cognizable Legal Right?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Supreme Court Federalism Decisions, Leon Friedman
Supreme Court Federalism Decisions, Leon Friedman
Touro Law Review
No abstract provided.
The Salience Of Race, Deborah W. Post
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine
Scholarly Works
Professor Levine examines the atonement model and its relevance to American law. He outlines and explains the necessary steps by the wrongdoer for atonement: repentance, apology, reparation and penance. The wronged party then has the obligation of reconciliation for the process to be complete. Despite the prominent position it has held for millennia in religious thinking, the atonement model is relatively new to American legal theory. Professor Stephen Garvey's attempt to offer a systematic depiction and analysis of the process of atonement and its possible relevance to American law appears to represent the most extensive effort to date. Any application …
Front Matter
Animal Law Review
Front Matter contains title page, masthead, advisors, and Table of Contents for Animal Law Volume 6, Issue 1.
Wildlife -- Our Most Valuable Public Resource, Elizabeth Furse
Wildlife -- Our Most Valuable Public Resource, Elizabeth Furse
Animal Law Review
No abstract provided.
Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson
Environmentally Friendly Ranching? An Interview On The High Desert, Lisa Johnson
Animal Law Review
The following is an interview with Doc Hatfield about his views on raising cattle and his association with Oregon Country Beef, a cooperative organization that his wife, Connie, helped start in 1986. Doc was on his cell phone while we talked, as he and Connie were on their way to Portland from their High Desert Ranch in Brothers, Oregon to give a talk to an agricultural group. Connie was driving while Doc and I spoke. They have a rule against driving and talking on the phone at the same time. I agreed that was probably a good policy.
Feedlots -- Rural America's Sewer, Marilyn Lee Nardo
Feedlots -- Rural America's Sewer, Marilyn Lee Nardo
Animal Law Review
Over one billion tons of animal waste is produced each year in the United States by animal feedlot operations (AFOs). In 1995 alone, 63.5 million gallons of manure spilled from AFOs. Manure spills poison rivers, lakes, and ponds, seep into groundwater, causing fishkills, human disease, and death. The United States Environmental Protection Agency, reports that AFOs are a primary factor in the impairment of forty percent of the nation's waterways. Despite these conditions, there are no federal standards for the storage, application, or management of animal waste. This Comment evaluates the existing regulation of AFOs under the Clean Water Act …
Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling
Legal Protection For Horses: Care And Stewardship Or Hypocrisy And Neglect?, Lafcadio H. Darling
Animal Law Review
Horses have a strong connection to America and Americans. They have played a pivotal role in our history, they have been a part of our work and our play, and we cherish them as companion animals. The legal system has made significant steps to protect horses in a number of ways. However, quite ironically, horse protection laws are often ineffective, unenforced, and sometimes non-existent. This article will explore America's relationship with the horse, horse protection laws-their strengths and their failures.
Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry
Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry
Animal Law Review
The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. …
1999 Legislative Review, Aaron Lake
Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell
Animal Custody Disputes: A Growing Crack In The "Legal Thinghood" Of Nonhuman Animals, Barbara Newell
Animal Law Review
Despite the traditional view of animals as mere chattels, courts are increasingly viewing animals as more than "things," recognizing the intrinsic value of animal companions. With the help of organizations such as the Animal Legal Defense Fund, case law, local ordinances, and popular attitudes are changing, reflecting the understanding that animals have the capacity to live full mental and emotional lives. This essay tracks these changes, arguing that the time has come to recognize a different legal status for companion animals.
A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling
A House On Fire: Linking The Biological And Linguistic Diversity Crises, Kieran Suckling
Animal Law Review
Although it is a truism among conservation biologists that humanity is in the midst of the Earth's sixth great extinction spasm, overt public awareness of the crisis is dim, and understanding of its implications even dimmer. The house is burning down around us, and even as the beams begin to cave in, we have but the vaguest intuition of the enormity of the danger. How is it possible to ignore the biosphere careening toward an extinction catastrophe unparalleled not only in the brief span of human history, but in the last sixty-five million years of life on Earth? The question …
Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer
Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer
Animal Law Review
Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to aduocate for themselves. While this has long worked to their disadvantage, developments in an area ofjurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering …
Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht
Genetic Engineering Of Domestic Animals: Human Prerogative Or Animal Cruelty?, Michelle K. Albrecht
Animal Law Review
Selective breeding and genetic engineering of domestic animals represent two of science's most manipulative advancements of the last century. One of the many questions raised by these procedures is whether the suffering produced violates state anti-cruelty laws. California's animal anti-cruelty statute is one of the most comprehensive and progressive in the country. This article examines whether selective breeding and genetic engineering violate California's anti-cruelty statute, highlighting recent California case law interpreting these statutes and outlining the standard to determine when a violation has occurred. Furthermore, the article seeks to articulate policy suggestions to further the protection afforded these animals affected …
Animal Law -- The Casebook, Steven M. Wise
Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson
Steven M. Wise: Rattling The Cage -- Toward Legal Rights For Animals, David J. Wolfson
Animal Law Review
No abstract provided.
Broadly Speaking - December, 1999, Nova Southeastern University
Broadly Speaking - December, 1999, Nova Southeastern University
Broadly Speaking
No abstract provided.
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Lawyers, First Principles, And Contemporary Challenges: Explorations, George Anastaplo
Northern Illinois University Law Review
The preparation of this Collection chanced to be stimulated by a current Illinois bar admission controversy which has reminded observers of my own bar admission controversy of the 1950s. My April 15, 1999 talk at Northern Illinois University, prompted by these reminders, has served as the point of departure in response to an invitation to bring together in this law review various (mostly previously unpublished) talks and papers of mine about lawyers and the law.
Broadly Speaking - November, 1999, Nova Southeastern University
Broadly Speaking - November, 1999, Nova Southeastern University
Broadly Speaking
No abstract provided.
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons
Scholarly Works
No abstract provided.
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Confidentiality, Privilege And Rule 408: The Protection Of Mediation Proceedings In Federal Court, Charles W. Ehrhardt
Scholarly Publications
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1999
Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 1999
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Broadly Speaking - October, 1999, Nova Southeastern University
Broadly Speaking - October, 1999, Nova Southeastern University
Broadly Speaking
No abstract provided.
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Faculty Publications
The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …
Broadly Speaking - August 19, 1999, Nova Southeastern University
Broadly Speaking - August 19, 1999, Nova Southeastern University
Broadly Speaking
No abstract provided.