Law Commons^™

Tolling The Three-Year Period For Discharge Of Income Taxes: Is There Plain Meaning In 11 U.S.C. 507(A)(8)(A)(I), William Houston Brown, Daniel Alan Hawtof

MC Law Review

Symposium - An Analysis of Developments in Bankruptcy Law

"Pro-Life" Absolutes, Feminist Challenges: The Fundamentalist Narrative Of Irish Abortion Law 1986-1992, Ruth Fletcher

Osgoode Hall Law Journal

This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v. X.). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a …

Toward A Framework Of Mutualism: The Jewish Community In Genetics Research, Karen H. Rothenberg, Amy B. Rutkin

Faculty Scholarship

No abstract provided.

The Future Of Limited Liability Companies For Business And Estate Planning Purposes In Mississippi, J. Larry Lee

MC Law Review

No abstract provided.

Young V. Fordice: Challenging Dual Registration Under Section 5 Of The Voting Rights Act, Brenda Wright

MC Law Review

Symposium - An Analysis of Mississippi Cases Argued before the United State Supreme Court

From Grievance And Complaint To Sanction: Attorney Misconduct In Ohio, Jack P. Sahl

University of Dayton Law Review

No abstract provided.

Appropriate Federal Rules Of Veil-Piercing In Response To United States V. Cordova Chem. Co., Jay A. Mckendree

University of Dayton Law Review

United States v. Cordova Chem. Co., 113 F.3d 572 (6th Cir. 1997), cert. granted sub nom, United States v. CPC Int'l, 118 S. Ct. 621 (Dec. 12, 1997) (No. 97-454).

Where America Ends And The International Order Begins: Interpreting The Jurisdictional Reach Of The U.S. Constitution In Light Of A Proposed Hague Convention On Jurisdiction And Satisfaction Of Judgments, Andrew L. Strauss

School of Law Faculty Publications

The recently concluded Hague Convention on Choice of Courts Agreements is the culmination of over a decade of negotiations. While the convention is very modest in what it attempts to accomplish, many observers see it as a first step toward achieving greater global uniformity of rules regarding jurisdiction and satisfactions of judgments. To the extent the United States Constitution governs the international ambit of United States jurisdiction in international cases, there is the potential for conflict between the Constitution and international treaty rules. A treaty found to be in conflict with the Constitution would likely be held invalid — at …

The Case For Utilizing The World Trade Organization As A Forum For Global Environmental Regulation, Andrew L. Strauss

School of Law Faculty Publications

In his article "Environmental Policy in the New World Economy," Alan Miller discusses the environmental implications of globalization. Recognizing that the flow of international private capital to developing countries is far more significant than international development assistance, he questions how we can use public policy to maximize the positive environmental effects of private investment. Miller suggests the need to find strategies that utilize market forces to benefit the environment.

This article heeds Alan Miller's call by suggesting new approaches to thinking about the potential for the World Trade Organization (WTO) to play a positive environmental role.

In this article, my …

California’S Unpredictable Res Judicata (Claim Preclusion) Doctrine, Walter W. Heiser

San Diego Law Review

The doctrine of res judicata describes a set of rules that determine the preclusive effects of a final judgment on the merits. The California doctrine has two familiar components: a primary aspect, “res judicata” or claim preclusion; and a secondary aspect, “collateral estoppel” or issue preclusion. Under the claim preclusion aspect, a prior judgment bars the parties (or those in privity with them) from relitigating the “same cause of action” in a subsequent proceeding. Under the issue preclusion aspect, although a second suit between the same parties on a different cause of action is not precluded by a prior judgment, …

Personal Jurisdiction And The Internet Quagmire: Amputating Judicially Created Long-Arms

San Diego Law Review

This Comment will explore the expanding power courts have given the word “haled” and its relationship to computer communication: a relationship that is confusing, contradictory, and sometimes downright troubling. Personal jurisdiction via the internet is a rapidly expanding area of American jurisprudence that has developed, and is developing, in response to the explosive growth of computer communications. While the hypothetical internet disclaimer contained above could be viewed as little more than unsubstantiated fears of the legally paranoid, in the future it may be the disclaimer of the legally prudent.

Gagging Physicians: Is That What The Legislature Intended?

San Diego Law Review

In 1996, the California legislature took steps to modify existing contractual relationships between physicians and managed care organizations (“MCOs”).Legislative action was prompted by skyrocketing medical malpractice verdicts, cries from physicians about unfair treatment caused by new payment systems, and media hysteria. Regardless of which straw broke the proverbial camel’s back, the result was no fewer than four bills that promise to forever change health care in California.

The Economic Impact Of International Trade On San Diego And The Application Of The United Nations Convention On The International Sales Of Goods To San Diego/Tijuana Commercial Transactions, Ernesto Grijalva, Alexander Imberg

San Diego Law Review

Opponents of the North American Free Trade Agreement ("NAFTA"), were they to take a look, would find the current performance of San Diego's economy antithetical to their economic theories, San Diego is conspicuously lacking the net job loss that free trade opponents were forecasting as the inevitable result of NAFTA. In his book, Save Your Job, Save Our Country: Why NAFTA Must Be Stopped – Now!, Ross Perot, the most prolific NAFTA basher, proclaimed that the economic strength of our entire nation would be jeopardized by NAFTA.' Four and one-half years later, we find that the United States is enjoying …

Why I Am A Lawyer, Joseph L. Daly

San Diego Law Review

With so little honor associated with the law profession these days, one must wonder why any person aspiring to do something respectable with her or his life7 would choose to be a lawyer.8 To become a lawyer today, students must have a firm desire to be an attorney and a steadfast willingness to accept social opprobrium.9

Extraterritorial Application Of Antitrust Laws And The U.S.-Eu Dispute Over The Boeing And Mcdonnell Douglas Merger: From Comity To Conflict? An Argument For A Binding International Agreement On Antitrust Enforcement And Dispute Resolution

San Diego Law Review

Due to the increase of "mega-mergers" between corporations trying to compete in the global economy, cross-border regulation of mergers and acquisitions by both the United States and the European Union has become much more common. 5 Until recently, such reviews and regulatory acts by foreign regulators only rarely caused trade disputes or tensions in diplomatic relations.' In order to maintain cooperation and prevent serious disputes over regulation of each other's domestic corporations, the United States and the European Union entered into an agreement on the application of antitrust laws in 1991.

An Analysis Of The Forty-Ninth Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Shinobu Garrigues, Roman Kroke

Articles

The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities convened its 49th Session from August 4 through August 29, 1997, in Geneva, Switzerland. 1 Under the authority of the U.N. Charter, the Economic and Social Council (ECOSOC) established the Sub-Commission in 1947 as a subsidiary body of the Commission on Human Rights. 2 ECOSOC also created two other sub-commissions at the same time, one to focus on women's rights 3 and the other to deal with freedom of information and freedom of the press. 4 The original mandate of the Sub-Commission was to recommend standards in pursuit …

Municipal Activism V. Federal Law: Why Erisa Preempts San Francisco-Style Domestic Partner Ordinances, Jeffrey A. Brauch

Seton Hall Law Review

No abstract provided.

Revealing Confidential Secrets: Will It Save Our Children?, Karen L. Ross

Seton Hall Law Review

No abstract provided.

Survey Of Recent Developments In Third Circuit Law

Seton Hall Law Review

No abstract provided.

The Abstention Doctrines: Balancing Comity With Federal Court Intervention, Mathew D. Staver

Seton Hall Law Review

No abstract provided.

The Rise And Fall Of The Entire Controversy Doctrine As Applied To Attorney Malpractice Actions, Stacey Eisenberg

Seton Hall Law Review

No abstract provided.

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

At The Crossroads Of Richmond And Gault: Addressing Media Access To Juvenile Delinquency Proceedings Through A Functional Analysis, Joshua M. Dalton

Seton Hall Law Review

No abstract provided.

Listen, Matthew L.M. Fletcher

Michigan Journal of Race and Law

In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.

Juvenile Delinquents: Typical Characteristics, Giuseppe Michael Fazari

Seton Hall University Dissertations and Theses (ETDs)

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Language And The Globalization Of The Economic Market: The Regulation Of Language As A Barrier To Free Trade, Stacy A. Feld

Vanderbilt Journal of Transnational Law

The European Union has devoted recent efforts to establishing an integrated global economy, free of barriers or hindrances, primarily through Article 30 of the Treaty Establishing the European Community, the central free movement of goods principle. By eliminating barriers to free trade, the European Union seeks to achieve a single globalized economy among its Member States. Not surprisingly, economic globalization in the European Union has given rise to an integration of political and cultural values among European nations. As a result of this "convergence of values," Member States have responded by enacting protectionist measures that reassert their regulatory autonomy over …

Malaysia's Censorship Regime Collides With The Economic Realities Of The Twenty-First Century, Aaron D. Davidson

Vanderbilt Journal of Transnational Law

Despite an extensive history of censorship and political speech suppression, Malaysia's Vision 2020 goal of becoming a fully developed nation requires the nation to facilitate an open exchange of ideas and information. The government seeks to create a center for broadcasting, filmmaking, and the development of multimedia products. While Malaysia has begun to abandon some of its censorship practices, the remaining restrictions on its citizens' speech and press freedoms threaten to hamstring the country's efforts to become a fully developed nation by 2020.

This Note discusses Malaysia's beginning as a British colony, identifying the religious, racial, and class distinctions now …

Mandating English Proficiency For College Instructors: States' Responses To "The Ta Problem", Kenneth King

Vanderbilt Journal of Transnational Law

This Note examines the background, provisions, effects, and constitutionality of state legislation mandating English proficiency assessment for college instructors. Such legislation responds to complaints about the comprehensibility of international instructors--particularly teaching assistants--at U.S. colleges and universities. U.S. universities employ large numbers of international instructors in scientific, technical, and business fields. Such employment is only one aspect of a broader U.S. importation of scientific and technical talent. This Note first considers the background and legitimacy of complaints about international instructors, and then examines the background and details of specific state provisions. It discusses the statutes' effects and particular concerns they raise, …

Pierre Goes Online: Blacklisting And Secondary Boycotts In U.S. Trade Policy, Peter L. Fitzgerald

Vanderbilt Journal of Transnational Law

The extraterritorial application of U.S. economic sanctions and trade controls is a perennial topic of discussion among international trade practitioners and a frequent cause for concern abroad. While long present in one form or another as part of several U.S. trade and export control programs, there has been a resurgence in the use of unilateral extraterritorial trade regulation by the United States following the unraveling of widespread international consensus on who should be the targets for such controls and sanctions as a result of the breakup of the Soviet Union, and the demise of the international Coordinating Committee on Multilateral …

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …