Law Commons^™

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki

Faculty Publications

No abstract provided.

A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim

Campbell Law Review

No abstract provided.

A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley

Campbell Law Review

This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …

Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias

Campbell Law Review

This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …

King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells

Campbell Law Review

This note will examine the decision in King and analyze the facts of this case under the correct interpretation of Lucas. Part II of this note will present the facts and procedural history of King. Part III will demonstrate that the Lucas rule, as applied in King was erroneous, and will analyze the facts of King under the correct interpretation of Lucas.

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.

A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver

Campbell Law Review

This comment seeks to explain the incorrigible by returning to the basics. Starting and ending at the Constitution and a notion of what it means to be represented, this comment traces the development of redistricting jurisprudence from the Fourteenth and Fifteenth Amendments through the Voting Rights Act and finally to the Supreme Court. Most notably, this comment focuses on the effects of the redistricting quagmire on the state ofNorth Carolina throughout the 1990's as an exemplar of a reapportionment process attempting to pander to the political proclivities of both the Department of Justice and the Judicial branch.

The Clinton Chronicle: Diary Of A Political Psychologist, Aubrey Immelman

Psychology Faculty Publications

Chronicle, from the perspective of political psychology, of events and controversies in the impeachment saga of President Bill Clinton, from the president’s August 17, 1998 testimony before the grand jury in the Starr investigation to his acquittal on February 12, 1999.

Strate V. A-1 Contractors: Intrusion Into The Sovereign Domain Of Native Americans, Wambdi Awanwicake Wastewin

North Dakota Law Review

No abstract provided.

The Minimum Wage In America Will Current Legislation Really Help The Working Poor?, Douglas A. Noe

University Avenue Undergraduate Journal of Economics

This same incentive is not present for players either already tied up in long-term contracts or those without enough major league service time to qualify for free-agent status. Were Finley's plan adopted, this incentive would be present for all players in all seasons, instead of just the few hoping for lucrative contracts at the end of the year. While the competitive balance (and aggregate statistics) may not be effected, if work effort is indeed endogenous, overall effort (and "hustle") would likely be increased, and a finer product would be put on the field, potentially increasing attendance and thus revenues. Thus, …

Sovereign Bargains, Indian Takings, And The Preservation Of Indian Country In The Twenty-First Century, Raymond Cross

Faculty Law Review Articles

This article develops a modern Indians taking doctrine by critically examining the unfolding of Marshall's Indian bargaining model through three distinct eras: 1) Chief Justice Marshall's construction of the Indian bargaining model as an American adaptation of the European doctrine of discovery; 2) the Supreme Court's subsequent reformulation of that model as the Indian plenary power doctrine; and 3) the Court's failed reconciliation of the Indian plenary power doctrine with the just compensation command of the Constitution.

A sketch of such a doctrine is provided by a case study of the 1949 taking of the Fort Berthold Indian Reservation, a …

Dinner At Eight 1998 - Invitation, Las Vegas Chapter Of The National Bar Association

Dinner at Eight

No abstract provided.

Corrupt Practices In India: No Payoff, Toral Patel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Taiwan's International Personality: Crossing The River By Feeling The Stones, Angeline G. Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The United States Convention On The Rights Of The Child: Are Children Really Protected? A Case Study Of China's Implementation, Timothy John Fitzgibbon

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Vietnam: Can An Affective Arbitration System Exist, Thuy Le Tran

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Antitrust Injunctions In England, Germany And The United States: Their Treatment Under European Civil Procadure And The Hague Convention, Markus Lenenbach

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

1998 And Beyond In New Caledonia: At Freedom's Gate?, Alan Berman

Washington International Law Journal

This article examines the upcoming 1998 referendum on self-determination in New Caledonia through the larger contextual lens of French historical involvement in the territory. The article addresses the impact French colonization has had on Kanak culture, legal institutions, social organization and economic livelihood. The historical policies of the French government are canvassed by exploring the manner in which France manipulated the legal process and political institutions it created in New Caledonia to entrench colonial control. The article concludes that the process of decolonization is unlikely to be completed in the near future. Finally, the article discusses the potential consequences for …

Transparency In The European Union, Laurens Jan Brinkhorst

Fordham International Law Journal

The reason why I chose the issue of transparency is that I have a personal stake in the matter. Now someone has said that the European Union is really a conspiracy of the initiators. At the time the European Community (or “Community”) was created, we had a totally different political culture, both in the Member States, but certainly in the international field. The European Community concentrated on highly technical matters--economic matters, trade matters, matters that were relevant to the farmers, and the public at large was really not very interested. In general, the concept of democracy was a somewhat different …

Ec Competition System -- Proposals For Reform, Alexander Schaub

Fordham International Law Journal

At last year's Fordham Corporate Law Institute, under the heading "The Millennium Approaches," I spoke about the challenges that European Community ("EC" or "Community") competition law is facing or will face in the near future. I came to the conclusion that the time has come for a re-examination and modernization of our rules, in particular the implementing and procedural legislation. I reached this conclusion based upon three reasons.

The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski

Fordham International Law Journal

This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 ("new Polish Constitution" or "Constitution"), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the …

The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams

Fordham International Law Journal

This Essay consists of five parts. Part I locates the Agreement in a series of constitutional attempts to resolve the "Irish question" from 1971 onwards, arguing that the Agreement is both similar to, yet fundamentally different from, other settlement propositions. Part II introduces the reader to the Northern Ireland Women's Coalition (or "NIWC"), saying something of its founding rationale and environment before considering its priorities for the political process in which it found itself immersed in May 1996. Part III further outlines the role that the NIWC assumed in that process, and its modus operandi, going on to describe the …

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …

Justice On Trial: State Security Courts, Police Impunity, And The Intimidation Of Human Rights Defenders In Turkey, Joseph R. Crowley Program

Fordham International Law Journal

In September 1997, Fordham Law School's Joseph R. Crowley Program in International Human Rights and the Lawyers Committee for Human Rights ("Lawyers Committee") undertook a two-year project to study Turkey's State Security Court system and to evaluate it against international fair trial standards. This special report is an amalgamation of their findings.

Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis

Michigan Journal of International Law

This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.