Law Commons^™

When Fair Is Foul: Federal Drug Sentencing In The Wake Of United States V. Labonte, Daniel I. Smulow

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 48 Issue 4 (1998)

Case Western Reserve Law Review

No abstract provided.

The Death Of Voting Rights: The Legal Disenfranchisement Of Minority Voters, Virginia E. Hench

Case Western Reserve Law Review

No abstract provided.

Is Equality Foundation The Latest Chapter In America's Culture War, Patrick J. Norton

Case Western Reserve Law Review

No abstract provided.

Sustainable Development As A Framework For National Governance, John C. Dernbach

Case Western Reserve Law Review

No abstract provided.

We're All Capitalists Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto

Case Western Reserve Law Review

No abstract provided.

Enduring The Reign Of Tweedledee And Tweedledum: How The Court Further Entrenched America's Two-Party Duopoly In Arkansas Educational Television Commission V. Forbes And How It Can Be Dredged Out, Sutton I. Kinter

Case Western Reserve Law Review

No abstract provided.

Volume 48 Issue 2 (1998), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

The Sword Of Damocles Is Not Narrow Tailoring: The First Amendment's Victory In Reno V. Aclu, John J. Mcguire

Case Western Reserve Law Review

No abstract provided.

Child Abuse Registries And Juveniles: An Overview And Suggestions For Change In Legislative And Agency Direction, Maryann Zavez

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Representing Foreign Nationals: Emerging Importance Of The Vienna Convention On Consular Relations As A Defense Tool, John Cary Sims, Linda E. Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Article Iii Judges And The Initiative Process: Are Article Iii Judges Hopelessly Elitist?, Michael Vitiello, Andrew J. Glendon

McGeorge School of Law Scholarly Articles

No abstract provided.

An End To Silence: Women Prisoners’ Handbook On Identifying And Addressing Sexual Misconduct, 2nd Ed., Brenda V. Smith, Marcia Greenberger, Nancy Duff Campbell, Deborah Brake, Joanna Grossman, Kathie Donnelly, Laura Cutiletta, Christina Davis, Marelisa Fabrega, Kristin Flynn, Kristin Holman, Jessica Jackson, Heather Lamberg, Kimberly Harris, Shauna Helton, Alvin Stith, Aurie Hall, Jonathan Smith, Andie Moss, Theresa Hunt Katsel, Drs. Elaine Carmen, Shelley Neiderbach

Research Reports & White Papers

The National Women’s Law Center is a non-profit organization that has been working since 1972 to advance and protect women’s legal rights. The Center focuses on major policy areas of importance to women and their families including education, employment, reproductive rights, health, family support and income security, with special attention given to the concerns of low-income women.

As a legal arm of the women’s movement, the Center has litigated ground-breaking cases and filed briefs in landmark Supreme Court decisions; advocated before state and federal policymakers to shape legislation and policies affecting women’s lives; and educated the public about issues important …

Playing Noah, John Copeland Nagle

Journal Articles

The biblical story of Noah and the ark has been cited by numerous writers as a justification for the protections contained in the Endangered Species Act. In that story, Genesis reports that God instructed Noah to save two of every species from the flood that would destroy life on earth, and that after doing so God established a covenant with Noah and the animals that were saved. The story has inspired writers and activists to posit a duty to imitate Noah today when we struggle to provide the resources and the will to protect all species, however popular or obscure, …

Impact Of Code Section 367 And The European Union's 1990 Council Directive On Tax-Free Cross-Border Mergers And Acquisitions, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Children's Rights And Family Autonomy In The South African Context: A Comment On Children's Rights Under The Final Constitution, Tshepo L. Mosikatsana

Michigan Journal of Race and Law

This Article investigates the nature and extent of the protection granted to children's rights in the South African Constitution. It concludes that the child-centered approach of the Constitution entitles children, as independent actors, to certain fundamental rights. Acknowledging both the parent-centered nature of the existing South African legal framework and the entrenched support for practices, many rooted in indigenous law and tradition, that contribute to the oppression of children, the author argues that the constitutionalization of these rights will contribute to the betterment of children in South Africa, proving to be more than mere moral exhortation. Under apartheid in South …

Asian America's Greatest Hits: A Review Of Angelo Ancheta's Race, Rights, And The Asian American Experience, Kevin M. Pimentel, Ronnie H. Rhoe

Michigan Journal of Race and Law

A review of Race, Rights, and the Asian American Experience by Angelo N. Ancheta.

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

The Negative Effects Of Expert Testimony On The Battered Women's Syndrome, Pamela Posch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

Contract Interpretation In California: Plain Meaning, Parol Evidence And Use Of The "Just Result" Principle, H.G. Prince

Faculty Scholarship

No abstract provided.

Understanding The Presumption Against Extraterritoriality, William S. Dodge

Faculty Scholarship

No abstract provided.

The Author Of Roe, Radhika Rao

Faculty Scholarship

No abstract provided.

An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle

Faculty Scholarship

No abstract provided.

Partial Entrenchment Of A Bill Of Rights: The Canadian Model Offers A Viable Solution To The United Kingdom's Bill Of Rights Debate, Vincent P. Pace

Connecticut Journal of International Law

For three decades the United Kingdom has debated whether or not to adopt a bill of fights.' The United Kingdom does not have a constitution that codifies fundamental rights and entrenches these rights from government encroachment. Instead, precedent, customs, conventions, and Acts of Parliament collectively safeguard basic rights.3 Parliament, by simple majority approval, maintains the power to modify or repeal rights guaranteed by any of these sources. The judiciary cannot protect fundamental fights from executive or legislative encroachment because judges in the United Kingdom do not possess the power of judicial 4 review.

This debate has generated considerable controversy because …

The Threat Or Use Of Nuclear Weapons: Discernable Legal Policies Of The Judges Of The International Court Of Justice, Kazuomi Ouchi

Connecticut Journal of International Law

By a letter dated 19 December 1994, the Secretary-General of the United Nations officially communicated to the Registrar of the International Court of Justice the decision taken by the General Assembly of the United Nations to submit the question of the legality of the threat or use of nuclear weapons to the Court for an advisory opinion. The General Assembly noting, inter alia, that Article 96, paragraph 1, of the United Nations Charter empowers the General Assembly to request the Court to give an advisory opinion on any legal question, decided to request the Court to urgently render its advisory …

Building An International Criminal Court For The 21st Century, Bryan F. Macpherson

Connecticut Journal of International Law

This article proposes significant, yet realistic, enhancements to the proposed court's jurisdictional scheme that could vastly increase its usefulness without undermining valid national interests. The proposed court could exercise jurisdiction over certain serious international crimes provided that the affected states have filed declarations accepting the court's jurisdiction over the crime. The proposal assumes that states would file declarations prospectively accepting the court's jurisdiction. In theory, this would set up an international criminal justice system that would operate without requiring any further state consent. However, states also wish to reserve the right to try international criminals in their own courts. The …

Truth Commissions And Amnesties In Latin America: The Second Generation, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Implications Of Second-Best Theory For Administrative And Regulatory Law: A Case Study Of Public Utility Regulation, Andrew P. Morriss

Faculty Scholarship

Compared to early twentieth century policy analysts, we have available today extensive tools of "comparative institutional analysis,'' increasingly sophisticated economic models,3 vastly increased and widely distributed computing power, and gigabytes of data. Despite all this, we simply have not come to grips with the implications of second-best theory for regulatory interventions. Moreover, policy must address not only the economic implications of second-best theory but the legal and political implications as well: policymakers must consider the interaction of potential shortcomings of the legal and political tools available when they design the solutions to be implemented with those tools.

The failure to …