Digital Commons Network^™

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Bush Wins!!! Congratulations And Best Of Luck Mr. President; A Dangerous Conservative Precedent

A Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

University of Dayton Law Review

No abstract provided.

A Tale Of Two Cultures: Or Making The Proper Connection Between Law, Social History And The Political Economy Of Despair, Robert J. Cottrol

San Diego Law Review

In this Article, Professor Cottrol examines a pervasive culture of pessimism amongst a minority of underclass Black Americans the likes of which must be addressed if America's laws and public policy is to complete the unfinished work of the Civil Rights Revolution. The author argues that the development this culture is the result of long-term historical trends, the results of which came to fruition after the Second World War. He suggests Americans must shift their focus from familiar histories of southern slavery and Jim Crow to an examination of the histories of race relations in northern cities. Further, the author …

Detention Without Trial In The Second World War: Comparing The British And American Experiences, A.W. Brian Simpson

Florida State University Law Review

National security has long been advanced as a justification for the abrogation of civil liberties. In this lecture, Professor Simpson examines through the analysis of particular cases how two nations dealt with these competing values in the interment without trial of their respective citizens during World War II. Condemning the secrecy and lack of accountability of the authorities responsible for protecting the nation, Simpson issues a call for vigilance and a warning that patterns and habits of respect for liberty will serve better than mere forms of procedure to effectively insure that liberties are not again abandoned to ill-founded claims …

Revolutionaries Beware: The Erosion Of The Political Offense Exception Under The 1986 United States-United Kingdom Supplementary Extradition Treaty, John Patrick Groarke

University of Pennsylvania Law Review

No abstract provided.

Rethinking The Role Of Politics In United States Immigration Law: The Helsinki Accords And Ideological Exclusion Of Aliens, Carlos Ortiz Miranda

San Diego Law Review

In this Article, Mr. Miranda examines the statutory framework and case law addressing the ideological exclusion of aliens from the United States in light of the Helsinki Accords. The ideological exclusion, embodied in the Immigration and Nationality Act of 1952, is used to bar entry of noncitizens to the United States because of their espousal of proscribed ideologies. Congress temporarily suspended the ideological provisions until March 1, 1989 to allow for further comprehensive and permanent revisions in the area of deportation and exclusion. The Article is intended to contribute to the ongoing dialogue concerning such permanent and much needed changes.

Alumni Newsletter - Issue No. 32, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• 1988 Annual Diner: Panels, Reunions, Senator William S. Cohen
• Alumni Involved in Presidential Campaign
• Alumni News
• 10^th Annual road Race Records, Records, Records
• Class of 1988: Where They Are
• Faculty News

"Cradled On The Sea": Positive Images Of Prison And Theories Of Punishment, Martha Grace Duncan

Faculty Articles

This interdisciplinary study investigates the meanings of incarceration through an analysis of prison memoirs and novels. It argues that many prisoners and nonprisoners exhibit powerful positive associations to penal confinement. The Article draws on psychoanalysis, philosophy, and sociol­ogy to account for the various kinds of attraction that prison exerts. The Article also considers the interrelationships between the analysis of the posi­tive images and three traditional purposes of punishment: rehabilitation, deterrence, and retribution.

Book Review: Liberty In America: 1600 To The Present (Liberty And Power, 1600-1760, Vol. 1). By Oscar & Lilian Handlin; Constitutional History Of The American Revolution: The Authority Of Rights. By John Phillip Reid; Beyond Confederation: Origins Of The Constitution And American National Identity. Edited By Richard Beeman, Stephen Botein, And Edward C. Carter, Ii., John E. Semonche

Constitutional Commentary

Book review: Liberty in America: 1600 to the Present (Liberty and Power, 1600-1760, vol. 1). By Oscar & Lilian Handlin. New York, N.Y.: Harper & Row Publishers. 1986. Pp. xix, 280 ; Constitutional History of the American Revolution: The Authority of Rights. By John Phillip Reid. Madison, Wi.: University of Wisconsin Press. Pp. ix, 374. 1986 ; Beyond Confederation: Origins of the Constitution and American National Identity. Edited by Richard Beeman, Stephen Botein, and Edward C. Carter, II. Chapel Hill, N.C.: University of North Carolina Press for the Institute of Early American Culture, Williamsburg, Va. Pp. x, 366. Reviewed by: …

Santa Clara Magazine, Volume 30 Number 2, Winter 1988, Santa Clara University

Santa Clara Magazine

10 - UNDERSTANDING THE NEW SOVIETS A first-person account of the Soviet Union today by the author of two books on Russia. By Jim Garrison

16 - HOW TO GET INTO ADVERTISING An English graduate goes from waiting tables to a senior vice presidency on Madison Avenue. By Barbara Boyle

20 - 1988 ECONOMIC FORECAST For 15 years, Mario Belotti's been making forecasts that are amazingly accurate. By Mario Belotti

22 - SANTA CLARA AND THE POPES Reviewing historic links with Rome shows how it affected SCU. By Gerald McKevitt, S.J.

26 - SCU'S ETERNAL FLAIM Biology professor Frank Flaim …

Erisa's Fundamental Contradiction: The Exclusive Benefit Rule, John H. Langbein, Daniel R. Fischel

Articles

No abstract provided.

Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

This essay reviews the following: Constitutional History of the American Revolution, Vol. 1: The Authority of Rights by John Phillip Reid and Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States, 1607-1788 by Jack P. Greene.

Nativism And Nonpreferentialism: A Historical Critique Of The Current Church And State Theme, Stephen C. Veltri

University of Dayton Law Review

No abstract provided.

Propaganda, Xenophobia, And The First Amendment, Rodney A. Smolla, Stephen A. Smith

Faculty Publications

No abstract provided.

Lawyers As Assimilators And Preservers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

The United States, more than most nation-states, has a history of confrontations between one culture and another, and of law as a means of ending cultural confrontations. Again and again in America, our dominant Anglo-Saxon Protestant culture has dealt with an alien culture and, as the story is usually told, overcome it. The dominant culture has used the law to bring the vulnerable culture into conformity to what we have referred to as "the American way."

We want to suggest that such a legal figure has two ways of using his legal power to deal between cultures—ways that are different …

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Journal Articles

Roman Catholic universities maintain law schools for theological purposes. This Article discusses the five steps to explaining the theological answer to why there are Catholic law schools—first, the presence of the law school is the presence of the church; second, the presence of the law school is the presence of service; third, the presence of the law school is a presence in the world; fourth, the presence of the law school in the world is enacted vicariously; and fifth, the presence of the law school in the world is a searching presence that reaches into the world to find out …