Law Commons^™

Prohibiting Conduct, Not Consequences: The Limited Reach Of The Migratory Bird Treaty Act, Benjamin Means

Faculty Publications

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Equity Without Adjudication: Kansas School Finance Reform And The 1992 School District Finance And Quality Peformance Act, Charles Berger

The Journal of Law and Education

No abstract provided.

Perpetuating Inequality: Plessy V. Ferguson And The Dilemma Of Black Access To Public And Higher Education, A'Lelia Robinson Henry

The Journal of Law and Education

No abstract provided.

Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Rights Or Wrongs - Student Newspapers And The First Amendment, Sandra Ragland

The Journal of Law and Education

No abstract provided.

Prospects For The Respect And Promotion Of Internationally Recognized Sustainable Development Practices: A Case Study Of The World Bank Environmental Guidelines And Procedures, Melanne Andromecca Civic

Fordham Environmental Law Review

No abstract provided.

The Comprehensive Environmental Response Compensation And Liability Act (Cercla) And The Evaluation Of Confidentiality For The Environmental Attorney, Vincent G. Tsushima

Fordham Environmental Law Review

No abstract provided.

The Law And Ethics Of Civil Depositions , A. Darby Dickerson

Maryland Law Review

No abstract provided.

The Challenge Of Verifying Corporate And Government Claims At The United Nations Compensation Commission, Robert C. O'Brien

Cornell International Law Journal

No abstract provided.

The Foreign Base Company Sales Income Of Controlled Foreign Corporations, Eric T. Laity

Cornell International Law Journal

No abstract provided.

Constitutional Structure As A Limitation On The Scope Of The Law Of Nations In The Alien Tort Claims Act, Donald J. Kochan

Cornell International Law Journal

No abstract provided.

The Role Of Corporate Law In French Corporate Governance, James A. Fanto

Cornell International Law Journal

No abstract provided.

Designing Land Registration Systems For Developing Countries, Tim Hanstad

American University International Law Review

No abstract provided.

The Timor Gap Treaty As A Model For Joint Development In The Spratly Islands, Lian A. Mito

American University International Law Review

No abstract provided.

Contested Adoption And The Liberty Interest Of The Child, Marcus T. Boccaccini, Eleanor Willlemsen

St. Thomas Law Review

The Supreme Court of the United States has gone to significant lengths to outline an unwed father's rights in adoption cases, but has yet to address the child's rights in similar cases. It is these constitutionally protected rights, which are usually referred to as "liberty interests," that will be discussed in this Article.

Defining The Term Disability Under The Americans With Disabilities Act, William J. Mcdevitt

St. Thomas Law Review

The key to securing the rights and protections afforded under the ADA is to fall within the statutory meaning of the term "disability." As defined, "disability" is a term of art, the meaning of which is substantially different and more complex than that found in other acts. Although the meaning of the ADA specifically refers to the Rehabilitation Act of 1973, and its accompanying regulations, it does so in terms of setting a floor for the imposition of the standards applicable under this Act. Furthermore, the ADA has its own unique legislative history and regulations. Therefore, the purpose of this …

Diplomacy In The Modern World: A Reconsideration Of The Bases For Diplomatic Immunity In The Era Of High-Tech Communications, James S. Parkhill

UC Law SF International Law Review

Diplomatic immunity has existed throughout history as a way to ensure that diplomatic visitors to foreign nations remained free to perform their essential duties. It arose for two reasons: diplomats we'e extremely important to the conduct of interstate affairs, and the difficulties of travel and communication in previous eras made it essential for ambassadors to remain at liberty to perform their diplomatic duties. Clearly, modern methods of travel and communications have done much to eliminate the second basis.

This Note will examine the extent to which they may also have impacted the first rationale as well. In other words, when …

Spain Returns To Trial By Jury, Stephen C. Thaman

UC Law SF International Law Review

In 1995, Spain promulgated legislation reintroducing trial by jury in criminal cases. In this Article, Professor Thaman sets forth the history of jury trial in Spain, the movement towards its revival, and a detailed survey of the new juries in practice.

This Article describes the participatory right behind the jury statute and the crimes subject to its jurisdiction. It sets forth the composition of the juries and the qualifications for jury service. After a detailed examination of pre-trial procedure in the jury system, it describes jury selection and then the presentation of evidence before Spanish juries and the modification of …

Extraterritoriality And Its Limits: The Iran And Libya Sactions Act Of 1996, Charles Tait Graves

UC Law SF International Law Review

The United States differs from much of the world in trade policy towards Iran and Libya. Through the Iran and Libya Sanctions Act of 1996, it seeks to pressure other states to refrain from certain investments in the Libyan and Iranian economies. The statute's secondary boycott provisions threaten extraterritorial sanctions against wholly foreign corporations engaging in such trade.

This Note describes the legal history of U.S. attempts to enforce its policy preferences through extraterritorial trade controls. It then argues that the Iran and Libya Sanctions Act of 1996 is likely invalid both under principles of general customary international law and …

Health Care Rationing In The Courts: A Comparative Study, Timothy Stoltzfus Jost

UC Law SF International Law Review

The role of the judiciary and government agencies in the allocation of health care resources differs across national boundaries. This Article describes how institutions in Germany, the United Kingdom, and the United States approach conflicts and protect rights in rationing health care. Professor Jost first describes the legal aspects of decisions on distribution and financing of health care decisions, and then examines the existing institutions in each of these countries.

In Germany, the health insurance program is an employment- based social insurance system. Under a quasi-public scheme, nonprofit health insurance funds administer the program. The German health system is overseen …

Memorial Address For Rudolf Schlesinger: Delievered At The University Of Trento Law School, Ulrich Drobnig

UC Law SF International Law Review

No abstract provided.

Comparative Law Scholarship, John Henry Merryman

UC Law SF International Law Review

No abstract provided.

The Common Core Of European Private Law And The Principles Of European Contract Law, Ole Lando

UC Law SF International Law Review

No abstract provided.

Comparative Analysis Of The United States Patent Law And The New Industrial Property Code Of Brazil, John Giust

UC Law SF International Law Review

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of …

Forum Selection Clauses In Maritime Bills Of Lading, Valerie Drogus

UC Law SF International Law Review

Courts face difficult issues in determining the validity of maritime forum selection clauses. This Note assesses the validity of such clauses in bills of lading used in maritime shipping. It considers four issues.

First, this Note will examine the three existing conventions on international maritime law. Second, it will discuss the varying U.S. court interpretations of the U.S. Carriage of Goods by Sea Act. Third, it sets forth the positions of other states on such clauses. Finally, this Note posits solutions and compromises for the existing conflicts of law.

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

The Race To Innocence: Confronting Hierarchical Relations Among Women, Mary Louise Fellows, Sherene Razack

Articles

No abstract provided.