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1993

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Articles 91 - 120 of 152

Full-Text Articles in Law and Society

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey Jan 1993

The Meat And Potatoes Of The North American Free Trade Agreement., Ruth K. Agather, Timothy N. Tuggey

St. Mary's Law Journal

Agricultural trade has always been particularly susceptible to governmental intervention and imposition of protectionist barriers. This Article explores the evolution of agricultural trade regulation between the United States and Mexico culminating in the proposed North American Free Trade Agreement (NAFTA). First, the Article reviews the existing regulatory framework governing United States-Mexico agricultural trade. The Article then highlights major, proposed revisions to this regime under the NAFTA and offers perspectives on the effect of these revisions upon the United States’ agricultural industry sectors. This analysis includes a commodity reference guide, which highlights specific commodity trade sectors and the NAFTA treatment of …

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Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry Jan 1993

Customs Enforcement And The Nafta., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Abstract Forthcoming.

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Amendments To The General Law Of Business Associations., Raul S. Moreyra Jan 1993

Amendments To The General Law Of Business Associations., Raul S. Moreyra

St. Mary's Law Journal

Abstract Forthcoming.

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The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular Jan 1993

The North American Free Trade Agreemet And United States Employment., Roger W. Wallace, Max Scoular

St. Mary's Law Journal

The North American Free Trade Agreement (NAFTA) will create new opportunities for United States firms and workers while simultaneously protecting United States workers over a 15-year timeframe. The benefits of NAFTA include eliminating conditions that currently encourage or require United States firms to invest south of the border, establishing free trade in services, and eliminating non-tariff barriers which impede United States merchandise exports to Mexico. Furthermore, NAFTA would provide an improved and expanded regional trade and investment base resulting in a boost to the global competitiveness of US products. NAFTA would also increase trade liberalization with Mexico and maintain Mexico …

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Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald Jan 1993

Justice Thurgood Marshall In Memoriam., Gabrielle Kirk Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht Jan 1993

Revisiting Standards Of Review In Civil Appeals - Foreword Foreword., Nathan L. Hecht

St. Mary's Law Journal

Abstract Forthcoming.

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Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock Jan 1993

Lawyer-Bashing: It's Time To Turn The Tide Perspective., Ward Blacklock

St. Mary's Law Journal

Abstract Forthcoming.

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Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall Jan 1993

Revisiting Standards Of Review In Civil Appeals., W. Wendell Hall

St. Mary's Law Journal

Applying and defining the accurate standard of review determines how likely an appeal will be successful. While the proper standard of review may be easy to identify, applying the standard of review to a case is often problematic. The standards define the interactions between trial and appellate courts by distributing the power of review throughout the judicial branch. The standards of review also limit a court’s authority to determine an error by a trial court, and whether the error warrants reversal. The standard sets the requirements of substantive law and provides a means for appellate judges to weigh arguments. This …

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Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks Jan 1993

Transracial Adoption In Texas: Should The Best Interests Standard Be Color-Blind., Jo Beth Eubanks

St. Mary's Law Journal

Legislative amendments must go further than limiting race from being a primary factor in adoptions; amendments must eliminate race as an acceptable factor. Diverging opinions of “race matching” in foster care and adoption exist. Administrative policies regulating adoption hold that same-race placement, between the adoptive parent and child, is a primary consideration when awarding custody in Texas. Basing child placement on the race or ethnicity of the parties involved raises serious constitutional concerns. The best interest standard is the predominant method in determining child placement, for both custody and adoption proceedings. The premise of the best interest standard is prioritization …

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The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins Jan 1993

The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …

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Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey Jan 1993

Use Of Excessive Physical Force Against An Inmate May Constitute Cruel And Unusual Punishment Even Though The Prisoner Does Not Suffer Significant Injury., Anthony A. Avey

St. Mary's Law Journal

In Hudson v. McMillian, the Supreme Court held that use of excessive physical force against an inmate may constitute cruel and unusual punishment even though the prisoner does not suffer any significant injury. The Eighth Amendment has evolved significantly since its adoption in 1791, becoming a complex line of authority which over time expanded the rights of criminals and convicts. Recent cases have attempted to mold the varying Eight Amendment standards into a more cohesive legal doctrine. These efforts were meant to clarify the doctrine of cruel and unusual punishments; however, the divergent interpretations of these decisions rendered Eighth Amendment …

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Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra Jan 1993

Summary Of The Convention Between The Government Of The United States Of America And The Government Of The United Mexican States For The Avoidance Of Double Taxation And The Prevention Of Fiscal Evasion With Respect To Taxes On Income., Raul S. Moreyra

St. Mary's Law Journal

To prevent double taxation and income tax evasion, the Mexico and United States governments signed a convention in September 1992. The convention establishes when businesses may be subject to either United States or Mexico tax liabilities. Key to the application of the convention is the concept of permanent establishment. Permanent establishment is the designation given to a business situated in Mexico that transacts operations for a United States enterprise. This designation determines which nation, the United States or Mexico, will collect taxes from the business. If the business is a permanent establishment, the Mexican government will collect taxes. The types …

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Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil Jan 1993

Tending The Bar In Texas: Alcoholism As A Mitigating Factor In Attorney Discipline., Patricia Sue Heil

St. Mary's Law Journal

This Comment describes the nature and scope of alcoholism and chemical dependency in the legal profession. It reviews the current state of the law regarding alcoholism as a mitigating factor in attorney discipline. Addictive illnesses manifest themselves in ways which leave afflicted attorneys unable to practice law in accordance with professional rules of conduct. The majority of attorney-discipline cases involve alcoholism or chemical dependency. An attorney whose illness remains untreated will likely become the subject of grievance-committee investigations. For disciplinary cases involving alcoholism, a suggested analysis includes establishing a nexus between illness and misconduct. Additionally, it includes a causal connection …

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Journeying Through The Valley Of Evil., Douglas O. Linder Jan 1993

Journeying Through The Valley Of Evil., Douglas O. Linder

Faculty Works

No abstract provided.

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Sex, Reason, And A Taste For The Absurd, Robin West Jan 1993

Sex, Reason, And A Taste For The Absurd, Robin West

Georgetown Law Faculty Publications and Other Works

Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …

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A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico Jan 1993

A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

No abstract provided.

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Sociology Of Law For A Postliberal Society, Frank W. Munger Jan 1993

Sociology Of Law For A Postliberal Society, Frank W. Munger

Articles & Chapters

No abstract provided.

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European Integration: Beyond 1992, Lloyd Bonfield Jan 1993

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

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Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel Jan 1993

Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel

Journal Articles

Origin stories are a distinctive form of narrative. In their account of how something "began to be," such stories connect past and present, clarify the meanings of important events, reaffirm core norms and values, and assert particular understandings of social order and individual identity. The parents of children with disabilities tell strikingly similar origin stories about the day their child was first diagnosed. Such stories not only explore the meanings of a transformative event but also draw implicit connections between past encounters with medical specialists and present encounters with educational specialists as mandated by an important federal statute. This article, …

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The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay Jan 1993

The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay

Research Collection Yong Pung How School Of Law

Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.

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A Critical Race Theory Critique Of The Right To A Jury Trial Under Title Vii, Roy L. Brooks Jan 1993

A Critical Race Theory Critique Of The Right To A Jury Trial Under Title Vii, Roy L. Brooks

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Reasonable Woman Standard: Perpetuating Sex Discrimination In The Workplace (Ellison V. Brady, 924 F.2d 872 (9th Cir. 1990)), Susan L. Haag Jan 1993

The Reasonable Woman Standard: Perpetuating Sex Discrimination In The Workplace (Ellison V. Brady, 924 F.2d 872 (9th Cir. 1990)), Susan L. Haag

University of Florida Journal of Law & Public Policy

No abstract provided.

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Worker's Compensation Law: Stress Related Injury In The Workplace (University Of Florida V. Massie, 602 So. 2d 516 (Fla. 1992)), Judith P. Erwin Jan 1993

Worker's Compensation Law: Stress Related Injury In The Workplace (University Of Florida V. Massie, 602 So. 2d 516 (Fla. 1992)), Judith P. Erwin

University of Florida Journal of Law & Public Policy

No abstract provided.

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"Alternative" Grading In Large Section Law School Classes, Paul T. Wangerin Jan 1993

"Alternative" Grading In Large Section Law School Classes, Paul T. Wangerin

University of Florida Journal of Law & Public Policy

No abstract provided.

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Constitutional Status And Role Of The State Attorney General, Scott M. Matheson Jr. Jan 1993

Constitutional Status And Role Of The State Attorney General, Scott M. Matheson Jr.

University of Florida Journal of Law & Public Policy

No abstract provided.

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Censorship In The Public Schools: Why The Expert Testimony Of Teachers Should Be Considered In Book-Banning Cases, Sherryl H. Swindler Jan 1993

Censorship In The Public Schools: Why The Expert Testimony Of Teachers Should Be Considered In Book-Banning Cases, Sherryl H. Swindler

University of Florida Journal of Law & Public Policy

No abstract provided.

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Constitutional Law: Tenth Amendment Implications Of The U.S. Supreme Court Rule (Gregory V. Ashcroft, 111 S. Ct. 2395 (1991)), Robert A. Feldman Jan 1993

Constitutional Law: Tenth Amendment Implications Of The U.S. Supreme Court Rule (Gregory V. Ashcroft, 111 S. Ct. 2395 (1991)), Robert A. Feldman

University of Florida Journal of Law & Public Policy

No abstract provided.

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Trading Substantive Values For Procedural Values: Compulsory Arbitration And The Age Discrimination In Employment Act Of 1967 (Gilmer V. Interstate Johnson Lane Corp., 111 S. Ct. 1647 (1991)), Karen Kulatz Jan 1993

Trading Substantive Values For Procedural Values: Compulsory Arbitration And The Age Discrimination In Employment Act Of 1967 (Gilmer V. Interstate Johnson Lane Corp., 111 S. Ct. 1647 (1991)), Karen Kulatz

University of Florida Journal of Law & Public Policy

No abstract provided.

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Public Employees' Free Speech: An Endangered Species Of First Amendment Rights In Supreme Court And Eleventh Circuit Jurisprudence, Richard Hiers Jan 1993

Public Employees' Free Speech: An Endangered Species Of First Amendment Rights In Supreme Court And Eleventh Circuit Jurisprudence, Richard Hiers

University of Florida Journal of Law & Public Policy

No abstract provided.

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