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Articles 1351 - 1380 of 1943
Full-Text Articles in Law
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
United States Tort Liability For War Crimes Abroad: An Assessment And Recommendation, Kenneth Bullock
Law and Contemporary Problems
Bullock proposes that victims of war crimes be permitted to recover against the US government through administrative procedures similar to those of the Foreign Claims Act.
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1994-95), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1994-95), J. Rodney Johnson
Law Faculty Publications
The 1995 Session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia. In addition to this legislation, there were five Supreme Court of Virginia opinions and one Fourth Circuit opinion in the year ending June 1, 1995 that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
1995-96 Supreme Court Preview: Mock Arguments In Romer V. Evans, Michael J. Gerhardt, Tracey Maclin
Faculty Publications
No abstract provided.
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
The Religious Freedom Restoration Act: Establishment, Equal Protection And Free Speech Concerns, William P. Marshall
Faculty Publications
No abstract provided.
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Process And Progress: Reviewing The Criminal Justice Act, Edward C. Prado
Law and Contemporary Problems
Prado describes the results of a comprehensive study of the federal defender program and concludes that as the federal criminal justice system evolves, the Criminal Justice Act program must adapt to ever-changing conditions.
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Reclaiming Self-Determination: A Call For Intraracial Adoption, Jacinda T. Townsend
Duke Journal of Gender Law & Policy
The wholesale marketing of Black children to suit the economic interests of others was one of the cruelest aspects of slavery. Sons and daughters who were traded away from their parents would later struggle in vain to remember their families, their customs, and their countries of origin. Even the extended families which evolved in the transient slave communities were continually fragmented as children and their caretakers were merchanted to different plantations according to the whims of White slavemasters. 1 Although due to quite different circumstances, today the Black community continues to lose its children. At present, government sponsored entities, 2 …
The "De-Selected" Senate Committee On Indian Affairs And Its Legislative Record, 1977-1992, David E. Wilkins
The "De-Selected" Senate Committee On Indian Affairs And Its Legislative Record, 1977-1992, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This essay has three major sections. In section one, I examine the Congress's constitutional responsibility for administration of the federal government's affairs with tribes. In section two, I describe the history of the various Indian committees from 1820 to 1977. Section three details the legislative record of the Senate Select Committee during its sixteen-year existence (1977-1993) as a "select" entity. Substantive policy content analysis of the committee's legislative activity, which is the next logical step leading to the construction of a theory or theories about congressional committees and their impact on the development of sound federal Indian policy, must await …
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Overtaking The Fifth Amendment: The Legislative Backlash Against Environmentalism, Michael Allan Wolf
Law Faculty Publications
These are heady times for the champions of private property rights. The U.S. Supreme Court, in Dolan v. City of Tigard, building on the foundation laid in Nollan v. California Coastal Commission and Lucas v. South Carolina Coastal Council,6 chastised a local government for its apparent failure to demonstrate that the development conditions placed on a commercial landowner were "roughly proportional" to the city's goals of floodplain protection and traffic regulation. Judges sitting on the U.S. Court of Claims ("Claims Court"), a veritable hotbed of regulatory takings activity, have issued a series of opinions resulting in hefty bills …
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Bankruptcy In Russia: The Evolution Of A Comprehensive Russian Bankruptcy Code, Paul Williams, Paul Wade
Scholarly Articles in Law Reviews & Journals
This article traces the development of the current bankruptcy code, with it origins in the early economic laws of perestroika; explains key provisions of the current law; and comments on the prospects for its effective implementation. The intent of this article is to provide a balanced understanding of the Russian bankruptcy code useful both to the study of the emergence of a market-based economy in Russia and as a bankruptcy primer for individuals or corporations conducting business in Russia.
Comparison Of Coalbed Methane Statutes In The Federal, Virginia And West Virginia Jurisdictions, Elizabeth A. Mcclanahan, University Of Colorado Boulder. Natural Resources Law Center
Comparison Of Coalbed Methane Statutes In The Federal, Virginia And West Virginia Jurisdictions, Elizabeth A. Mcclanahan, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
20 p. ; 28 cm
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Federal Communications Law Journal
No abstract provided.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
RISK: Health, Safety & Environment (1990-2002)
Dr. Schierow, an Analyst in Environmental Policy with the Congressional Research Service, presents a tabulated summary of comparable provisions in several bills with special attention to the Risk Assessment Improvement Act of 1994.
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Law and Contemporary Problems
Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Law and Contemporary Problems
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
Is Purely Retroactive Legislation Limited By The Separation Of Powers?: Rethinking United States V. Klein , J. Richard Doidge
Is Purely Retroactive Legislation Limited By The Separation Of Powers?: Rethinking United States V. Klein , J. Richard Doidge
Cornell Law Review
No abstract provided.
Computer Viruses: Legal Aspects, Robert J. Malone, Dr. Reuven R. Levary
Computer Viruses: Legal Aspects, Robert J. Malone, Dr. Reuven R. Levary
University of Miami Business Law Review
No abstract provided.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
Continuing Legal Education Materials
Materials from the 14th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in March 1994.
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Standing Up To Stalkers: South Carolina's Antistalking Law Is A Good First Step, Christine Olle Sloan
Standing Up To Stalkers: South Carolina's Antistalking Law Is A Good First Step, Christine Olle Sloan
South Carolina Law Review
No abstract provided.
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
Law and Contemporary Problems
The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Law and Contemporary Problems
McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel
The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel
Faculty Scholarship
Congress is seriously considering bills to establish self-regulatory organizations (SROs) for investment advisers (advisers) and investment companies (Funds). These bills would require members of the investment management industry to regulate themselves under the watchful eye of the Securities and Exchange Commission, similar in approach to the regulation of broker-dealers by the National Association of Securities Dealers, Inc. (NASD) and the securities exchanges. Proposals to establish SRO for investment advisers have arisen before. However, those proposals did not cover Funds and their advisers,
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
Law and Contemporary Problems
Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.
Post-Enactment Legislative Signals, William Eskridge Jr.
Post-Enactment Legislative Signals, William Eskridge Jr.
Law and Contemporary Problems
Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Law and Contemporary Problems
The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.