Digital Commons Network^™

Vol. 51, No. 6, December 5, 2000, University Of Michigan Law School

Res Gestae

•How to Get As in Law School •ATL Farewell •Final Words •Photo Tribute •For What It's Worth… •The Insider •We Three Films •Album of the Year •Gift Guide

Ndls Update 11/2000, Notre Dame Law School

NDLS Update

No abstract provided.

Section 5: First Amendment, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

A Partial History Of Umkc School Of Law: The 'Minority Report', Robert C. Downs, Harry D. Pener, Steven D. Gilley

Faculty Works

In the modern era efforts at recruitment, selection, admission and retention of minorities to law school, while not always consistent, began and now continue to emphasize not only the manner in which a truly diverse student body enhances and enriches the learning experience of all students, but also the need to remedy the inequities and indignities visited by past discrimination. Any perspective on this law school's experience in minority recruitment, admissions and retention, necessitates at least an acknowledgment of the historical context in which the law school began and the social-political climate in which it developed. The announcement of the …

The Constitutional Perils Of Moderation: The Case Of The Boy Scouts, Richard A. Epstein

Articles

No abstract provided.

Biotechnology And The Creation Of Ethics, Raymond R. Coletta

McGeorge School of Law Scholarly Articles

No abstract provided.

The European Human Rights System As A System Of Law, Richard Kay

Faculty Articles and Papers

No abstract provided.

Actions Speak Louder Than Thoughts: The Constitutionally Questionable Reach Of The Minnesota Cle Elminatoin Of Bias Requirement, Kari M. Dahlin

Minnesota Law Review

No abstract provided.

Constitutional Design: An Oxymoron?, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Introduction: Tiger Woods And The First Amendment, Tyler T. Ochoa

Faculty Publications

Although the right of publicity has been recognized as a distinct common-law doctrine since 1953, only in recent years have courts begun to take the First Amendment seriously as a limit on the extent to which sports figures and other celebrities can use the doctrine to control the use of their images. It is widely recognized that the government may prohibit false and misleading speech, such as an advertisement that falsely implies an endorsement of a product by an individual, without violating the First Amendment. Similarly, it is generally acknowledged that the First Amendment protects the depiction of celebrities in …

Comparing Race And Sex Discrimination In Custody Cases, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

In Service To America: Naturalization Of Undocumented Alien Veterans, Darlene Goring

Journal Articles

No abstract provided.

Beyond Cloning: Expanding Reproductive Options For Same-Sex Couples, David Orentlicher

Scholarly Works

No abstract provided.

Legal Education In The Digital Age, Stephen M. Johnson

Articles

The reports of the demise of traditional law school teaching methods have been greatly exaggerated, however. Historically, reforms in legal education have moved glacially. For reasons described in this Article, it is unlikely that law schools and the American Bar Association will radically restructure legal education in the coming decades, regardless of any potential benefits. Part I of this Article provides a short history of legal education and the introduction of technology into legal education. Part H examines the potential use of technology to enhance traditional law school teaching, or to replace it with "classroom-free" or "extended classroom" teaching methods. …

The Constitution Of Civil Society, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Article . . .sketches how the free expression, freedom of religion, and substantive due process provisions of the U.S. Constitution have been interpreted to define and protect families, religious institutions, non-political associations, and political parties. I have organized the discussion by topics rather than by institutions. The next section examines the ways in which constitutional law defines civil society's institutions, and Section III examines the extent to which it allows government to regulate them. Section IV deals with the constitutional restrictions on government's power to give unconditional or conditional grants to civil society's institutions. The Conclusion returns to the …

Expressive Identity: Recuperating Dissent For Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Constitutional law has made a mess of the relationship between expression and equality. Much of the time, the two claims exist in sharp conflict, as in recent Supreme Court cases involving hate speech' and the effort by a gay and lesbian group to march in a St. Patrick's Day parade. In those cases, equality claims collided head-on with defenses based on a First Amendment right to express anti-equality values. In other instances, such as debates about whether viewpoint diversity can serve as a justification for affirmative action, or whether race-conscious redistricting can serve as a proxy for political interests under …

Who Shall We Admit To Our Club?, Lawrence Raful

Scholarly Works

No abstract provided.

Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon

Faculty Articles

Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Call And Response: The Particular And The General, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this article, Professor Hunter questions the naturalness and inevitability of the dichotomy in constitutional law between freedom of expression and the right to equality. She places the origin of this doctrinal divergence in the history of American social protest movements in the first half of the twentieth century, which began with ideologically-based claims and shifted to a primary emphasis on identity-based equality claims. During the interim period between World War I and World War I, the wave of seminal First Amendment cases was ebbing and the wave of equality claims was beginning to swell. Close examination of the constitutional …

History And The Eleventh Amendment, John V. Orth

Faculty Publications

No abstract provided.

The President And Choices Not To Enforce, Peter L. Strauss

Faculty Scholarship

The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset of these challenges: situations in which the President believes a particular statute is inconsistent with one or another provision of the Constitution and, therefore, should not be enforced. My purpose here is to explore the context of executive non-enforcement more broadly, in a way that may help in understanding the particular problem she addresses.

Issues of constitutional structure and function are among the most daunting …