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Paul Boudreaux, E Pluribus Unum Urbs: An Exploration of the Potential Benefits of Metropolitan Government on Efforts to Assist Poor Persons, 5 Va. J. Soc. Pol'y & L. 471 (1998)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, What You See Is What You Get: Applying the Appearance of Impropriety Standard to Prosecutors, 63 Mo. L. Rev. 699 (1998)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Casting Aside the Tulloch Rule, 20 Nat'l Wetlands Newsletter 5 (1998)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Exporting American Values: Tenth Amendment Principles and International Environmental Assistance, 22 Harvard Envtl. L. Review 1 (1998)Clicking on the button will copy the full recommended citation.
This article provides a quasi-constitutional justification for foreign environmental assistance. Part II of the article briefly reviews the history of the Tenth Amendment and its resuscitation by the United States Supreme Court. Part III examines how the Tenth Amendment has been used in the domestic environmental context to invalidate certain regulatory regimes and how the federal government has structured environmental programs to avoid infringing on state sovereignty. Part IV considers the Unfunded Mandates Reform Act as a statutory manifestation of Tenth Amendment principles. Part V explores the nature of national sovereignty and its implications for global environmental challenges. Part V analogizes Tenth Amendment principles to techniques employed by the international community to address specific environmental problems such as stratospheric ozone depletion, climate change, and the loss of biological diversity. Part VI analyzes the United States' commitments to help fund financial mechanisms established by the Montreal Protocol on Substances That Deplete the Ozone Layer, the United Nations Convention on Climate Change, and the Convention on Biological Diversity. Part VI also examines the extent to which the United States is complying with its financial responsibilities under these conventions.
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Cynthia Hawkins DeBose, The Socratic Method-Problem Method Dichotomy: The Debate over Teaching Method Continues, 1998 BYU Educ. & L.J. 1 (1998)Clicking on the button will copy the full recommended citation.
This article examines the positive and negative attributes of the two primary teaching methods used in law school classrooms -- namely, the Socratic Method and the Problem Method. It addresses in particular the questions of whether there is benefit to teaching law by the Problem Method rather than the time honored Socratic Method; and whether there is some combination of the two methods that would be most appropriate. The author argues that a combination of the two, with a strong emphasis on the Problem Method, will better prepare law students for the legal environment they will enter after law school. Law schools need to graduate students who not only “think like lawyers” but who are able to “perform like lawyers.” The author concludes that by implementing more of the Problem Method in first-year and other doctrinal courses -- along with an increased emphasis on skills-based and clinical courses -- law schools can create an overall curriculum that better prepares students to practice law.
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Cynthia Hawkins DeBose, The Indian Child Welfare Act and the African American Tribe: Facing the Adoption Crisis, 36 Brandeis Journal of Family Law 201 (1998)Clicking on the button will copy the full recommended citation.
This article examines the application of the Indian Child Welfare Act (ICWA) of 1978 to past and present law and policy relating to adoptions by and of African Americans. Potential solutions to the adoption crisis within the African American community are addressed. Currently, adoption is based upon the model of the nuclear family. This article discusses why this is not the appropriate model for all children. Rather, the “extended family” model -- like that found in the ICWA -- for adoption is the most widely applicable model for African American children.
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Tim Kaye, Admissions to School: Manual of the Education Law Programme (University of Buckingham, 1998)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Review of Neville Harris, Special Educational Needs and Access to Justice, 17 Civ. Just. Q. 71 (1998)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Protecting the Consumer in the Home-Buying Process (NAEA, 1998)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Admissions to School: Efficiency versus Parental Choice?, 10 Educ. & L. 19 (1998)Clicking on the button will copy the full recommended citation.