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76 Reflections on Mormon history: Zion and the anti-legal traditionSIR HENRY MAINE, OUR FIRST GREAT MODERN legal historian of the English language and law, in describing the paradigmatic shift from early feudal European society to a world of secular, territorial nation-states and market economy, observed that we had moved "from status to contract." "Status" assume...Heaven; Christians; Revelations1998
77 Tribute: Daniel J. Dykstra: the Utah Years 1949-1965It is with humility and trepidation that I rise to recount Dan Dykstra's years as a teacher, leader, and friend of the University of Utah, its College of Law, his Utah colleagues, and his Utah students. Humility because there are those with us today who are better able to recall those years like his...Memorial service; Essay; Law, faculty2000
78 Commercial Law in the Middle East: Between Classical Transactions and Modern BusinessA brief presentation of commercial law decisions across the Arab world is sufficient to show the dominance of western principles in the field, and the direct translation of western terminology and rules for local transactions.2 The decisions have been regrouped in categories which will be familiar t...2000-01
79 The Syrian-Israeli Boundaries in International Law: The Significance of the Armistice Demarcation Line of 1949Zero-sum equations have been the name of the game in the Middle East since the early Zionist settlements in the late 19th century. The classic Zionist motto, One dunum here, one dunum there has come to exemplify this logic for all the parties concerned, and the zero-sum logic continues to regulat...2000-07-13
80 In the realm of legal and moral Philosophy; (Book Review)Reviews the book `In the Realm of Legal and Moral Philosophy;,' by Matthew H. Kramer.Books; Philosophy2001-01
81 Decisionmaking at the end of life: patients with Alzheimer's and other dementiasPatients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best i...Incompetence; Precedent economy2002
82 Standard Oil and Microsoft - intriguing parallels or limping analogies?The computer industry and the law of antitrust have been preoccupied with the struggle between the federal and several state governments and Microsoft for most of the past decade. Microsoft's use of its domination over the personal computer (PC) industry by virtue of its control of the operating sy...2002
83 In memorium: Lionel H. FrankelWe have gathered together to celebrate the life and mourn the death of Lionel Frankel-husband, father, brother, teacher, colleague, and friend. We celebrate his life because he brought us uncommon gifts of decency, sensitivity, humanity, and compassion. We mourn his death because we will miss his pr...Memorial essay; Memorial Service2002
84 The Original Sin: Terrorism or Crime Against HumanityOnce the Middle East connection was established over the September 11 attacks, apprehension and uneasiness gripped the region. Eyebrows are now raised over the word terrorism, and there is hardly a newspaper in the Arab and Muslim world that does not question everyday the definition of the word, ami...2002
85 September 11 and the Middle East: Footnote or Watershed in World History?The full span of the 21st century may well need to elapse before the ultimate verdict is reached on the status of September 11 in American and world history. But universalism, the rule of law, justice, pluralism, accountability, good governance, human rights these are all general variations on d...2002-09
86 Misuse and abuse of the Tunney Act: the adverse consequences of the microsoft fallaciesThere have been two Microsoft cases leading to final judgements. Throughout the Tunney Act processes in both cases, however, there was little discussion regarding the standards of judicial review that should apply in a Tunney Act consent decree proceeding where no litigation has taken place. There ...Tunney Act; Microsoft; Microsoft fallacy2003
87 Federalism in the Middle East and EuropeFederalism is well know in its first, well-established dimension thanks to the extraordinary tradition this country has known. It is less known and is currently a big battle in process in Europe. It is completely unkown and is, I think, the intellectual battle to come in the Middle East. So, these w...2003
88 Democracy As Unwavering Principle: World Wars and Failed PromisesContribution to the Global Progressive Forum, Brussels 27-29 November 2003 Session on Cultural Understanding chaired by Raimon Obiols MEP2003-11
89 Renforcer la Société Civile contre l'Etat: Horizons du travail international au Proche et Moyen OrientVoici donc la conclusion extrêmement critique qui semble s'imposer sur la recherche d'une meilleure gouvernance dans une perspective SC. Il faut passer au-dessus de l'Etat pour renforcer la SC, et si nécessaire, la renforcer contre l'Etat. Vaste programme, qui commence par un apprentissage dém...2003-11
90 MX:democracy, religion and the rule of law--my journeyThis is my story of the defeat of the MX missile's proposed basing mode in the Great Basin of the West. Where to begin? I'm reflecting on cancer and MX at this moment. About journeys where we would not go but do. Beginnings are not easy, though the first verses of Genesis and John make them sound so...Missile Experimental; Great Basin; Cold War2004
91 From Islamic to Middle Eastern Law A Restatement of the Field (Part I)Any approach to law in the region known as Near or Middle East is doubly selective, as the historical depth of the tradition enhances the diversity of cultures active in the contemporary world. Law is a particular example where the contrasted set-up which characterizes twenty-five or so modern Natio...2004
92 Special Dossier on the Sabra and Shatila Case in BelgiumThis dossier collects key legal documents in the Sharon affair. Being a legal dossier, the collection contains two sets of documents. The first set traces the evolution of Belgium's 1993/1999 universal jurisdiction law by making available in English, in several cases for the first time, translati...2005
93 Justice through trust: disability and the Outlier problem in Social Contract TheoryThe article focuses on the flaws of the social contract theory. It explores how hostile the social contract as a bargaining process has been thought to distance disabled people from contract-based justice. It analyzes the argument that the history of social contract theory exclude the people with di...Consensus, social sciences; Discrimination; Social contract; Social ethics; Sociology of disability2005-10
94 On the Specificity of Middle Eastern ConstitutionalismRen Maunier, a prolific French ethnologist and jurist (1887-1951), summed up in 1935 the radical transformation of Middle Eastern law since the nineteenth century. In a brief report entitled Outline of the Progress of Law in Muslim Land, he noted the centrality of law in the immense change affec...2006
95 The Evolution of International Law: Colonial and Postcolonial RealitiesThe colonial and postcolonial realities of international law have been obscured by the analytical frameworks that governed traditional scholarship on the subject. This article sketches out a history of the evolution of international law that focuses in particular on the manner in which imperialism ...2006
96 Roles of the family in making health care decisions for incompetent patientsThis article is about the roles of the family in making health care decisions for incompetent patients. It argues that complex moral reasons call for the participation of families in decision making for incompetents. However, these moral reasons do not support a single model of the family's role for...Family; Health Care Decisions; Patients; Family Rights2006-06-16
97 Eminent domain compensation in the Western states: a critique of the fair market value modelBoth the United States Constitution and the constitutions of the states of the intermountain west and the Pacific Coast prohibit the state from taking property without paying just compensation. Thus, there are two basic issues in any eminent domain case. First, has governmental interference with pro...Eminent domain; Compensation; Governmental interference; Fair Market Value2006-06-16
98 Penn Central Transportation Company v. New York City: easy taking-clause cases make uncertain Law.In Penn Central Transportation Company v. New York City, the Supreme Court held that New York City's Landmarks Preservation Law as applied to Grand Central Terminal was not a "taking" of property for which compensation is constitutionally required. The decision has been hailed as a major victory for...Law; Compensation; Property Rights; Landmarks Preservation Law; Supreme Court Rulings2006-06-16
99 Appels d'Europe à l'est de la MéditerranéeNombreux sont les obstacles dressés devant tous les démocrates du Moyen-Orient ! Les difficultés internes sont évidentes : il suffit de regarder la panoplie de dictateurs, rois ou autres potentats arabes dont la préoccupation principale est de se maintenir au pouvoir sans que les citoyens ne...2007
100 March 2221 : Lebanon's Cedar Revolution : an essay on non-violence and justiceScanned book.2007
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