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

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …

Ndls Update 11/2000, Notre Dame Law School

NDLS Update

No abstract provided.

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

Louisiana Law Review

No abstract provided.

The Crescent And The Union: Islam Returns To Western Europe, John D. Snethen

Indiana Journal of Global Legal Studies

No abstract provided.

The Use Of Legislative History In A System Of Separated Powers, Jonathan R. Siegel

Vanderbilt Law Review

Legislative history is the ultimate bugaboo of the textualists-those judges and scholars who assert that in statutory interpretation, "[w]e do not inquire what the legislature meant; we ask only what the statute means." The textualists have unleashed argument after argument against legislative history. Textualists assert that judicial use of legislative history seeks a collective legislative intent that does not exist and that would not be law if it did exist. They claim that congressional committees deliberately manipulate legislative history in order to influence statutory interpretation. They argue that legislative history is more ambiguous than the statutes it supposedly clarifies, that …

Pharmaceutical Dispensing In The "Wild West": Advancing Health Care And Protecting Consumers Through The Regulation Of Online Pharmacies, Sean P. Haney

William & Mary Law Review

No abstract provided.

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

Supreme Court Preview

No abstract provided.

Some Thoughts On The American Declaration Of Independence And Its Irish/European Connections At Century's End, Larry Cata Backer

Tulsa Journal of Comparative and International Law

No abstract provided.

Religion And Education In Bosnia: Integration Not Segregation?, Charles J. Russo

BYU Law Review

No abstract provided.

Customized Marriage, James Herbie Difonzo

Indiana Law Journal

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 United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …

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

Law and Contemporary Problems

Strauss explores the context of executive non-enforcement in a broad way that may help in understanding 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.

The Creed According To The Legal Academy: Nihilistic Musings On Pedagogy And Race Relations, Barbara L. Bernier

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Constitution Of Civil Society, Mark Tushnet

Chicago-Kent Law Review

This Article explores the relationship between the institutions of civil society and our government. Although it is said that the institutions of civil society can act as a check on government power, this Article explores the paradox implicit in that notion: the boundaries of these institutions are defined by the government directly or indirectly. After analyzing the question "How can civil society's institutions be an appropriate check on government when the government itself exercises significant influence on these institutions?," Tushnet illustrates how free expression, freedom of religion and substantive due process have been interpreted with respect to the institutions of …

Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney

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

No abstract provided.

Empty Gestures: The (In)Significance Of Recent Attempts To Liberalize Algerian Family Law, Ann Luerssen Crowther

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

No abstract provided.

International Enforcement Of Family Maintenance And Support Obligations, Richard M. Buxbaum

Fulbright Symposium

Dr. Bauxbaum is the Jackson H. Ralston Professor of Law at the University of California Berkeley School of Law, where from 1993-1999 he served as Dean of International and Area Studies. He received his A.B. and LL.B. from Cornell; the LL.M. from the University of California at Berkeley; the Dr.iur.h.c. from the University of Osnabriick and Eotvos Lorand University, Budapest; and was appointed Honorary Professor of Law by Peking University in 1998 . He practiced law in Rochester, New York and the U.S. Army before joining the Boalt faculty in 1961. He has published a casebook on corporation law and …

Inscribing Judicial Preferences Into Our Fundamental Law: On The European Principle Of Margins Of Appreciation As Constitutional Jurisprudence In The U.S., Larry Cata Backer

Tulsa Journal of Comparative and International Law

No abstract provided.

Throwing Canis Lupus To The Wolves: United States V. Mckittrick And The Existence Of The Yellowstone And Central Idaho Experimental Wolf Populations Under A Flawed Provision Of The Endangered Species Act, Daniel R. Dinger

BYU Law Review

No abstract provided.

"I May Not Know Art, But I Know What I'Ll Pay For": The Government's Role In Arts Funding Following National Endowment For The Arts V. Finley, Elizabeth Megan Ray

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Copyright Misuse And Modified Copyleft: New Solutions To The Challenges Of Internet Standardization, Chip Patterson

Michigan Law Review

The Internet is a truly global community within which myriad economic, social and technological forces interplay to cause its standardization. Much of the competition in the industry has revolved around which product will become the standard for a given market sector. Some markets have seen victors; for example, TCP/IP is the Internet communication protocol, MP3 appears to be dominating music compression, and Microsoft Corporation's Windows ("Windows") is clearly the standard operating system. Similarly, the Internet must adopt a standard for web browsing and searching, for email, and for web programming. In many cases, the competition for this standard will be …

"Draconian" Yet Constitutional: The Republic Of Ireland's Offences Against The State Act (1998), Sean R. Elsbernd

UC Law SF International Law Review

On August 15, 1998, a terrorist bomb exploded in Omagh, County Tyrone, Northern Ireland. The 500-pound bomb, which detonated in the main marketplace of the city, killed twenty-eight people and injured more than 200 others. Following the tragedy, Ireland's Prime Minister Ahern pledged to bring those responsible to justice by making certain amendments to the Offences Against the State Act of 1939.

This Note discusses whether the Prime Minister and the government of the Republic of Ireland succeeded in this task, and if their efforts conform to the Irish Constitution and the European Convention on Human Rights.

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

Articles

No abstract provided.

The Bar Strikes Back: The Aba's Misguided Quash Of The Mdp Rebellion, Stuart S. Prince

American University Law Review

No abstract provided.

Biotechnology And The Creation Of Ethics, Raymond R. Coletta

McGeorge School of Law Scholarly Articles

No abstract provided.

Biotechnology And The Creation Of Ethics, Raymond R. Coletta

McGeorge Law Review

No abstract provided.

Advocacy And Attribution: Shaping And Responding To Perceptions Of The Causes Of Homelessness, Gary Blasi

Saint Louis University Public Law Review

No abstract provided.