Law Commons^™

Sierra Club V. San Antonio: In Search Of The Appropriate Application Of The Burford Abstention, David Carter

Brigham Young University Journal of Public Law

No abstract provided.

Protecting The Insured In Utah: Rethinking The "Interstitial" Approach Of Allen V. Prudential Property & Casualty Insurance Co., Mark T. Flickinger

Brigham Young University Journal of Public Law

No abstract provided.

Beyond Baehr: Strengthening The Definition Of Marriage, Katherine Shaw Spaht

Brigham Young University Journal of Public Law

No abstract provided.

Liberty And Marriage - Baehr And Beyond: Due Process In 1998, Lynn Marie Kohm

Brigham Young University Journal of Public Law

No abstract provided.

The Mandatory Continuing Legal Education (Mcle) Debate: Is It Improving Lawyer Competence Or Just Busy Work?, Lisa A. Grigg

Brigham Young University Journal of Public Law

No abstract provided.

Long-Range Highway Corridor Preservation: Issues, Methods And Model Legislation, David A. Thomas, Robert S. Payne

Brigham Young University Journal of Public Law

No abstract provided.

Roosevelt V. Bishop: Balancing Local Interests With State Equity Interests In School Financing, Hinckley A. Jones-Sanpei

Brigham Young University Education and Law Journal

No abstract provided.

The Establishment Of Charter Schools: A Guide To Legal Issues For Legislatures, Jennifer T. Wall

Brigham Young University Education and Law Journal

No abstract provided.

Public Schools And Urinalysis: Assessing The Validity Of Indiana Public Schools' Student Drug Testing Policies After Vernonia, Nancy J. Flatt-Moore

Brigham Young University Education and Law Journal

No abstract provided.

The Socratic Method-Problem Method Dichotomy: The Debate Over Teaching Method Continues, Cynthia G. Hawkins-León

Brigham Young University Education and Law Journal

No abstract provided.

The Struggle Between Legal Theory And Practice: One Law Student's Effort To Maintain The "Proper" Balance, Fernando M. Pinguelo

Brigham Young University Education and Law Journal

No abstract provided.

Education Reform And Education Quality: Is The Reconstitution The Answer?, Kelly C. Rozmus

Brigham Young University Education and Law Journal

No abstract provided.

Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson

Brigham Young University Education and Law Journal

No abstract provided.

The Process Of Amparo In Commercial Matters, Carlos Loperena Ruiz

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Taking Another Look At The Regulation Of Mutual Funds In The Aftermath Of The Asian Financial Crisis, Thomas Krider

Washington International Law Journal

This Comment analyzes the 1997 financial crisis in Asia and its effect on U.S. mutual fund investors. The crisis was most acute in, and this Comment focuses on, the countries of Thailand, Indonesia and South Korea. The lack of transparency in these countries led to substantial losses for U.S. investors whose money was in nontransparent organizations through their ownership of mutual funds. The International Monetary Fund responded to the Asian crisis with aid packages intended to prevent the insolvency of those countries in financial trouble. As part of the IMF's program, one of the primary requirements for receiving aid is …

One Country, Two Systems: Theory Into Practice, Guiguo Wang, Priscilla M F Leung

Washington International Law Journal

The Hong Kong Special Administrative Region was established on July 1, 1997, when the former colony was handed over by Britain to China. Thereafter the policy of "One Country, Two Systems" began as dictated by the Basic Law. This article examines the evolution of the "One Country, Two Systems" policy and discusses how this policy has been reflected in the Basic Law. As any change in the Basic Law may affect the implementation of this policy, and perhaps the stability and prosperity of Hong Kong, this article also analyses the scheme, policies and rules in relation to interpreting and amending …

The First Step Forward—The Aids Dismissal Case And The Protection Against Aids-Based Employment Discrimination In Japan, Marc Lim

Washington International Law Journal

The fight against AIDS in Japan, a journey that has encountered much resistance from a Japanese public and corporate sector ill-educated on the disease, may have taken a new turn. Before 1995, employees infected with HIV or suffering from AIDS had little recourse in fighting against the discrimination they faced in their private lives and in the Japanese corporate sector. With the AIDS Dismissal Case, the Japanese judiciary, in a show of judicial activism, found the dismissal of an HIV-infected worker based upon his HIV status illegal and an infringement upon the worker's human rights. In addition, the court found …

Grand Experiment: Evaluating Indian Law In The New World, The, Kevin J. Worthen

Tulsa Journal of Comparative and International Law

No abstract provided.

Fundamentals Of Importing And The Customs Modernization Act, Daniel L. Fulkerson

Tulsa Journal of Comparative and International Law

No abstract provided.

Ethiopia: A Dichotomy Of Dispair And Hope, Kimberly Medlock Wigger

Tulsa Journal of Comparative and International Law

No abstract provided.

Table Of Contents/Masthead

Tulsa Journal of Comparative and International Law

No abstract provided.

Investigating Slovakia's Business Climate After The Velvet Revolution, Matthew I. Van Horn

Tulsa Journal of Comparative and International Law

No abstract provided.

Bernstein And Munro: The Coming Conflict With China, Amy Click

Tulsa Journal of Comparative and International Law

No abstract provided.

Fashioning An Interdisciplinary Framework For Court Reform In Family Law: A Blueprint To Construct A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

Family law cases focus on some of the most intimate, emotional, and all-encompassing aspects of parties' personal lives. Based on its study of unmet legal needs of children and their families, the American Bar Association has recommended the establishment of unified family courts in all jurisdictions. This article evaluates how America's courts adjudicate family law matters and advocates systemic change by offering an interdisciplinary ecological and therapeutic approach to the creation of unified family courts. The author presents a comprehensive overview of the results of her nationwide survey determining how each state's courts handle family law matters. The results of …

Electricity Restructuring: A Case Study In Government Regulation, Joseph P. Tomain

Tulsa Law Review

No abstract provided.

Selection, Use And Management Of Experts In Environmental Legal Practice, J. Berton Fisher, William R. Keffer

Tulsa Law Review

No abstract provided.

Preface

Tulsa Law Review

No abstract provided.

Notes And Comments Index

Tulsa Law Review

No abstract provided.

Murder In The Abstract: The First Amendment And The Misappropriation Of Brandenburg, Amy K. Dilworth

William & Mary Bill of Rights Journal

When Paladin Enterprises published Hit Man, a manual about murder for hire, it knew and intended that the book would be used for such a purpose. When James Perry used the information contained in Hit Man to murder three innocent persons, he started a legal debate about the scope of First Amendment protections for books that instruct how to commit criminal acts. Many scholars and commentators indicated that Brandenburg v. Ohio contains the applicable constitutional standard; however, in litigation against Paladin, the survivors of the decedents challenged the conventional wisdom.

This Note examines the Brandenburg test for its applicability to …

Aggravating And Mitigating Factors: The Paradox Of Today's Arbitrary And Mandatory Capital Punishment Scheme, Jeffrey L. Kirchmeier

William & Mary Bill of Rights Journal

Over twenty years ago, the United States Supreme Court held that both mandatory capital sentencing schemes and total discretionary capital sentencing schemes violate the Eighth Amendment. According to Jeffrey Kirchmeier, the "guided discretion" capital sentencing scheme of sentencing factors that has developed, however, has the constitutional problems of both mandatory death penalties and unlimited discretion death penalties.

Justices Scalia, Blackmun, and Thomas have noted that the mandate of unlimited mitigating circumstances has resulted in an arbitrary system. Kirchmeier argues that today's sentencing scheme is arbitrary also because of undefined aggravating factors, unlimited nonstatutory aggravating factors, and victim impact evidence. According …