Digital Commons Network^™

Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Call To Arms: Marching Orders For The North Carolina Anti-Spam Statute, Michael B. Edwards

North Carolina Journal of Law & Technology

No abstract provided.

Who's Talking? Disentangling Government And Private Speech, Leslie Gielow Jacobs

University of Michigan Journal of Law Reform

Several different constitutional rules apply to government actions that influence the content of speech. The government has far more discretion to determine speech content when the government itself is the speaker than when it regulates private speakers. Specifically, in the former circumstance, the government can discriminate according to viewpoint, whereas in the latter circumstance it cannot. While the application of the rules may be obvious when either the government or private entities speak alone, increasingly, through various different types of interactions, government and private groups or individuals are speaking together. This circumstance complicates the crucial constitutional determination, which is: who's …

The National Frederick Douglass Moot Court Competition - Operating In The Spirit And Legacy Of Frederick Douglass, Marguerite L. Butler

North Carolina Central Law Review

No abstract provided.

Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna

Buffalo Human Rights Law Review

No abstract provided.

Fighting The Lone Wolf Mentality: Twenty-First Century Reflections On The Paradoxical State Of American Indian Law, Bryan H. Wildenthal

Tulsa Law Review

No abstract provided.

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Cornell Journal of Law and Public Policy

No abstract provided.

The Current, Subtle - And Not So Subtle - Rejection Of An Independent Judiciary, Calabresi Guido

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

How The Usa Patriot Act Wil Permit Governmental Infringement Upon The Privacy Of Americans In The Name Of Intelligence Investigations, Sharon H. Rackow

University of Pennsylvania Law Review

No abstract provided.

The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan

Law and Contemporary Problems

Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.

Whiteness (And Other Ness(Es)) As Property Revisited: A Response To Derrick Bell And A Vision For Multi-Cultural Coalitions And Legalisms, Eamon P. Joyce

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Selective Deportation Of Same-Gender Partners: In Search Of The "Rara Avis", Victor C. Romero

University of Miami Law Review

No abstract provided.

A Judge For All Seasons, R. Kent Newmyer

William & Mary Law Review

No abstract provided.

Performance Enhancing Drug Use In Olympic Sport: A Comparison Of The United States And Australian Approaches, Sarah Baldwin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

(E)Racing The Fourth Amendment, Devon W. Carbado

Michigan Law Review

It's been almost two years since I pledged allegiance to the United States of America - that is to say, became an American citizen. Before that, I was a permanent resident of America and a citizen of the United Kingdom. Yet, I became a black American long before I acquired American citizenship. Unlike citizenship, black racial naturalization was always available to me, even as I tried to make myself unavailable for that particular Americanization process. Given the negative images of black Americans on 1970s British television and the intra-racial tensions between blacks in the U.K. and blacks in America, I …

Facing The Music: The Dubious Constitutionality Of Facial Recognitiontechnology, John J. Brogan

UC Law SF Communications and Entertainment Journal

Recent advances in biometric identification technology, along with ever more extensive databases of information about ordinary citizens, inspire concern among civil liberties advocates about whether there are any meaningful limits on government's ability to keep track of ordinary citizens. In this Article, Professor Brogan discusses facial recognition technology, and argues that courts should draw a distinction between wide area scans, which should be severely limited or banned, and focused facial scans, which may be allowable under limited circumstances involving particularized suspicion.

The Napster Case: The Whole World Is Listening, Grace J. Bergen

Global Business & Development Law Journal

No abstract provided.

Future Of Online Music: Labels And Artists, Scott Hervey

Global Business & Development Law Journal

No abstract provided.

Vigilante Racism: The De-Americanization Of Immigrant America, Bill Ong Hing

Michigan Journal of Race and Law

Sadly, the de-Americanization process is capable of reinventing itself generation after generation. We have seen this exclusionary process aimed at those of Jewish, Asian, Mexican, Haitian, and other descent throughout the nation's history. De-Americanization is not simply xenophobia, because more than fear of foreigners is at work. This is a brand of nativism cloaked in a Euro-centric sense of America that combines hate and racial profiling. Whenever we go through a period of de-Americanization like what is currently happening to South Asians, Arabs, Muslim Americans, and people like Wen Ho Lee-a whole new generation of Americans sees that exclusion and …

A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack

Cornell Law Review

No abstract provided.

Social Cubism: Six Social Forces Of Ethnopolitical Conflict In Northern Ireland And Quebec, Sean Byrne, Neal Carter

ILSA Journal of International & Comparative Law

Studies of ethnoterritorial politics typically either examine political and economic structures to emphasize the competing interests of groups….

Integrative-Inductive Social Cubism, Lana Russ-Trent

ILSA Journal of International & Comparative Law

Whether in wars between nations or disputes within families, conflict is caused by many factors and forces, both internal and external, micro and macro.

Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein

ILSA Journal of International & Comparative Law

When Jesus was in Jerusalem carrying his Cross to Cavalry, he took a moment to pause on a man's doorstep.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

Extradition And The Conflict In Northern Ireland: The Past, Present And Future Of An Intractable Problem, Margaret I. Branick

UC Law SF International Law Review

British government efforts to extradite members of the Provisional Irish Republican Army (IRA) from the United States have posed challenges to U.S. extradition policy since the 1970s. Under extradition law, "political offenses" traditionally are treated as non-extraditable offenses. Use of the political offense exception to deny extradition of IRA fugitives from the United States prompted the United Kingdom and the United States to sign a Supplementary Treaty in 1985, which eliminated the political offense exception for broad categories of violent acts.

This Note briefly reviews the background of the conflict in Northern Ireland, and discusses extradition law and the political …

The Wind Done Gone: Transforming Tara Into A Plantation Parody, Jeffrey D. Grossett

Case Western Reserve Law Review

No abstract provided.

Focusing On Infringement: Why Limitations On Decryption Technology Are Not The Solution To Policing Copyright, Brian Bolinger

Case Western Reserve Law Review

No abstract provided.

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.