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Articles 61 - 90 of 150
Full-Text Articles in Law and Society
Review Essay: Interrogating Identity, Mary I. Coombs
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski
Seattle University Law Review
Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …
The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr
The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr
Faculty Works
No abstract provided.
The German Duality Of State And Society, David Abraham
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
The Maquiladora Industry And Environmental Degradation In The United States-Mexico Borderlands Symposium - The Environment And The United States-Mexico Border., Edward J. Williams
St. Mary's Law Journal
Periods of rapid industrial growth and environmental degradation in the United States-Mexico Borderlands have historically coincided with negative shifts in Mexico’s economy. The Mexican economic crisis of 1982 sparked burgeoning growth in the maquiladora industry, with plants in the Borderlands increasing at a rate of fifteen percent per year. Due to the Mexican economic crisis of the mid-1990s, renewed industrial expansion and environmental degradation is once again expected. The maquiladora program is frequently used to identify cooperative industrial efforts between the United States and Mexico. The term refers to an assembly process in which twin plants operate on opposite sides …
Private Enforcement Of Nafta Environmental Standards Through Transnational Mass Tort Litigation: The Role Of United States Courts In The Age Of Free Trade Symposium - The Environment And The United States-Mexico Border - Comment., Michael Sang H. Cho
St. Mary's Law Journal
Maquiladoras are manufacturing facilities along the United States-Mexico border operated by transnational corporations (TNCs). The arrival of the North American Free Trade Agreement (NAFTA) meant TNCs are free to move capital and operations across the United States-Mexico border at will. Yet, the maquiladora workers are not free to travel or seek employment across the border. The NAFTA debate in the United States raised public awareness of environmental problems in the border region. Nevertheless, maquiladora workers have lived with environmental degradation long before the NAFTA environmental debate began. With the passage of NAFTA, increased trade and the burgeoning industries along the …
Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French
Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French
Book Reviews
Reviewing Martha Minow et al. eds., Narrative, Violence, and the Law: The Essays of Robert Cover (1992); Robin West, Narrative, Authority, and Law (1993); and Lila Abu-Lughod, Writing Women’s Worlds: Bedouin Stories (1992).
The Human Genome Project And The End Of Insurance, Roberta M. Berry
The Human Genome Project And The End Of Insurance, Roberta M. Berry
University of Florida Journal of Law & Public Policy
No abstract provided.
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo
University of Florida Journal of Law & Public Policy
No abstract provided.
Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico
Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico
University of Florida Journal of Law & Public Policy
No abstract provided.
The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites
The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites
University of Florida Journal of Law & Public Policy
No abstract provided.
Race Discourse And Proposition 187, John Sw Park
Race Discourse And Proposition 187, John Sw Park
Michigan Journal of Race and Law
Proposition 187 inspired a visceral public discourse. Proponents and opponents of the measure discussed several themes important to contemporary political theory, particularly themes related to sovereignty and civil rights. This Note shows how participants in that debate-including people of color-spoke of "rights" in a way that denied the possibility for undocumented aliens to have rights. When citizens spoke, they did so in a way that implicitly linked rights to citizenship; in other words, they assumed that without citizenship, persons were not entitled to rights or rights-based claims. Ironically, the debate about Proposition 187 pointed to the achievements of a "civil …
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
Anglo-American Jurisprudence And Latin America, John Linarelli
Anglo-American Jurisprudence And Latin America, John Linarelli
Scholarly Works
No abstract provided.
Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk
Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk
Law Faculty Articles and Essays
In recent years, defendants have proffered a multitude of novel theories of criminal defense in seeking to explain their criminal behavior in terms of internal and external influences beyond their control, including biological processes, chemical reactions, intra-psychic dynamics, social conditions, and cross cultural stresses. This Article focuses on one subset of this burgeoning class of defenses: those based upon the central premise that the defendant's criminal conduct was caused, or significantly influenced, by his exposure to social environmental factors or, if you will, toxins affecting his mental functioning. While a wide panoply of toxins exist within the fabric of our …
Race-Ing Legal Ethics, Anthony V. Alfieri
Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc
Ifc Legal Department, Model Investment Agreement E&S Provisions, 1996, Ifc
IFC E&S Performance Standards
No abstract provided.
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall
Fordham Urban Law Journal
This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Faculty Publications By Year
No abstract provided.
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
Articles
The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
Articles
I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal language; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in legal life.
Gatekeeping In Texas: The Practical Impact Of Full Implementation Of The Texas Rules Of Civil Evidence Regarding Experts., Suzanne B. Baker
Gatekeeping In Texas: The Practical Impact Of Full Implementation Of The Texas Rules Of Civil Evidence Regarding Experts., Suzanne B. Baker
St. Mary's Law Journal
Abstract Forthcoming.
Free Trade Agreements And The Federal Courts: Emerging Issues., Robert P. Deyling
Free Trade Agreements And The Federal Courts: Emerging Issues., Robert P. Deyling
St. Mary's Law Journal
The United States and Canada, and more recently Mexico, have tried to resolve certain types of international trade disputes through a unique process. Under the United States-Canada Free Trade Agreement (CFTA) and its successor, the North American Free Trade Agreement (NAFTA), disputing parties may choose binational panels to review disputes over antidumping and countervailing duty determinations. Binational panel review entirely replaces national judicial review for each case in which the parties choose the panel process. Panels are convened on a case-by-case basis from a list of trade experts submitted by disputing countries. Panels must follow relevant national trade law in …
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
Adarand Constructors, Inc. V. Pena: The Lochnerization Of Affirmative Action Recent Development., Patricia A. Carlson
St. Mary's Law Journal
The Supreme Court’s decision in Adarand will lead to the invalidation of many federal programs because the decision requires strict scrutiny for all affirmative action programs, including federal programs. The Court ignores both constitutional strictures and American history by resorting to Lochner era rulings of striking down federal socio-economic regulations. Overturning the clear precedent of Fullilove undermines stare decisis by valuing the language of the Court’s decision over its meaning. The Court in Adarand presumes that the Constitution is color-blind. This presumption ignores the history leading up to the Reconstruction Amendments, the purpose of the Reconstruction Amendments, and the intentions …
Nafta And The Environment: A Proposal For Free Trade In Hazardous Waste Between The United States And Mexico Symposium - The Environment And The United States-Mexico Border., David W. Eaton
St. Mary's Law Journal
Over the past decade, the transboundary movement of hazardous waste has become an important issue. Because of its geographic proximity to the United States and its desire to attract foreign investment, Mexico has become one of the United States-owned maquiladoras’ favorite dumping grounds. The recent North American Free Trade Agreement (NAFTA) may only exacerbate matters. Because the health and environmental risks associated with the inappropriate disposal of hazardous waste knows no boundaries, it is important NAFTA signatories jointly address waste issues. While NAFTA has had a positive impact on environmental protection in the United States and Mexico, the NAFTA debate …
Hopwood V. Texas: A Victory For Equality That Denies Reality - An Afterword Recent Development., Barbara Bader Aldave
Hopwood V. Texas: A Victory For Equality That Denies Reality - An Afterword Recent Development., Barbara Bader Aldave
St. Mary's Law Journal
Abstract Forthcoming.
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Afterword: New "Truths" And The Old First Amendment, David Skover, Ronald Collins
Faculty Articles
Written as an afterword to a Symposium on The Death of Discourse, this piece replies to commentaries on the relationship between "Noble Lies" and the First Amendment authored by Professors Shadia Drury (political science), Robert Hariman (rhetoric & communication studies), David Nyberg (philosophy), Loyal Rue (religion & philosophy), and Richard Stivers (sociology).
The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel
The Anatomy Of Emtala: A Litigator's Guide., Alicia K. Dowdy, Gail N. Friend, Jennifer L. Rangel
St. Mary's Law Journal
The Emergency Medical Treatment and Active Labor Act (EMTALA) prohibits hospitals from inappropriately transferring or refusing medical care to persons with emergency medical conditions. EMTALA was passed in response to the practice of “dumping” seriously ill patients from private hospitals into public ones, to ensure all patients receive medical treatment in emergency situations. Plaintiffs have attempted to pursue EMTALA claims against non-hospital defendants, but courts have consistently disallowed such claims under the statute. By limiting the scope of its coverage to hospitals, EMTALA creates a situation unique from ordinary medical malpractice. Although hospitals may be held liable for negligent credentialing …
A Fair Day's Pay For A Fair Day's Work: Time To Raise And Index The Minimum Wage., William P. Quigley
A Fair Day's Pay For A Fair Day's Work: Time To Raise And Index The Minimum Wage., William P. Quigley
St. Mary's Law Journal
Millions of people are working for a living but not receiving a living wage in return for their work. The value of the minimum wage continues to erode, with the Congressional Research Service estimating the minimum wage would have to rise to $6.75 per hour in 1996 to equal the purchasing power it represented in 1978. It is not in the common interest, nor in the interest of justice, for people to work full-time, yet remain mired in poverty. Reforming the minimum wage by raising it and indexing it for inflation is a critical step toward attaining Franklin Delano Roosevelt’s …
Intellectual Property Pirates: Congress Raises The Stakes In The Modern Battle To Protect Copyrights And Safeguard The United States Economy Comment., Timothy D. Howell
Intellectual Property Pirates: Congress Raises The Stakes In The Modern Battle To Protect Copyrights And Safeguard The United States Economy Comment., Timothy D. Howell
St. Mary's Law Journal
Intellectual property pirates menace the industry by hijacking audio recordings, movies, television broadcasts, and software—posing an economic threat and accounting for billions of dollars in losses annually. This Comment examines legislative attempts to combat information piracy through criminalization of copyright infringement—focusing on the proposed Criminal Copyright Improvement Act of 1995 (Improvement Act). The Improvement Act contemplates expansion of criminal copyright infringement law, attempting to close the legal “loophole” exposed by United States v. LaMacchia, and providing a more effective means for deterring copyright piracy. Part II of this Comment provides a historical overview of United States copyright laws and introduces …