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Roy Balleste and Gordon Russell, Implementing Virtual Reference: Hollywood Technology in Real Life, 23 Computers in Libraries 14 (2003)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Federalism and the Contrivances of Public Law, 77 St. John's L. Rev. 523 (2003)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Our Extended Family, 17 Second Draft 16 (2003)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Designing and Using Peer Review in a First-Year Legal Research and Writing Course, 9 Legal Writing 1 (2003)Clicking on the button will copy the full recommended citation.
Using peer review in a first-year legal research and writing course has advantages. A peer review exercise encourages cooperation, puts students in the audience role, reinforces basic writing skills, and gives students experience with giving constructive feedback. This article provides information about designing an effective in-class peer review and reports how students responded to the exercise.
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Michael S. Finch, Introduction, 32 Stetson L. Rev. 241 (2003)Clicking on the button will copy the full recommended citation.
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Roberta Flowers, Litigating with the Elderly Client, 16 National Academy of Elder Law Attorneys Quarterly 2 (2003)Clicking on the button will copy the full recommended citation.
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James W. Fox, Naturalization Acts (1790), in Major Acts of Contress (Macmillan Reference Books, 2003)Clicking on the button will copy the full recommended citation.
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James W. Fox, Relational Contract Theory and Democratic Citizenship, 54 Case W. Res. L. Rev. 1 (2003)Clicking on the button will copy the full recommended citation.
In this article I engage Relational Contract Theory ("RCT"), with a focus on the theory of Ian Macneil. I argue that while RCT is a valuable approach to contract and contract law, it has an impoverished approach to the role of the democratic state in contract law. I then contend that by mining some political theories which parallel RCT, particularly the work of Michael Walzer and David Miller, we can construct a relational approach to contract law that credits the democratic state with a significant role in contract law. Such an approach, I argue, provides a more compelling theoretical justification for integrating democratic and dignity-based rights and protections, such as protections against gender and racial discrimination, into contract law. Moreover, a Walzerian approach allows us to view contract law and contract generally as one aspect, or "sphere", of an integrated democratic pluralism and so enables challenges to the colonization of all activities by contract and contract ideology. Ultimately it is the hope of this article to reinvigorate discussions of the role of contract and contract law in democratic society. Along the way I also explore, among other things, the strong links between contract and democracy during the American Reconstruction period, modern issues such as consumer form contracting and unconscionability, and the problem of anormativity in relational contract and other "norms"-oriented theories.
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Royal C. Gardner, Perspectives on Wetlands and Biodiversity: International Law, Iraqi Marshlands and Incentives for Restoration, 15 Colorado Journal of International Envtl. L. and POlicy 1 (2003)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Rehabilitating Nature: A Comparative Review of Legal Mechanisms That Encourage Wetland Restoration Efforts, 52 Cath. U. L. Rev. 573 (2003)Clicking on the button will copy the full recommended citation.
This article reviews the current legal mechanisms throughout the world that are designed to encourage wetland restoration activities. Part I examines international law that calls for wetland restoration. Part II explores non-regulatory programs that offer financial incentives for wetland restoration. In particular, direct payments to landowners and indirect payments through tax deductions and credits are noted. Part III explores domestic, non-cash incentives that are outside of traditional, permit-based regulatory programs. Such incentives include the generation of good will or favorable publicity for corporations (or their desire to avoid unfavorable publicity), governmental permission to conduct harvesting activities that would otherwise be limited or prohibited, and governmental assurances not to impose stricter land-use controls if the restoration project results in environmental improvements. Part IV reviews several domestic regulatory programs and indentifes incentives for wetland restoration, including mitigation banking.