Law Commons^™

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price

Faculty Articles

This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …

The Principles Of Justice, Richard W. Wright

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No abstract provided.

0701: William Lemaster Trial Transcript, 1993, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists of copies of the twelve volume court transcript for the case of the State of Ohio vs. William Lemaster, case no. 92-CR-61 in the court of common pleas. Lemaster was accused and convicted of the kidnapping and murder of Jeff Halley and his son Jeff Halley, Jr. The court transcript includes jury selection, exhibits, and testimony.

The Lawyer As Confidence-Man, David A. Skeel Jr.

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Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

Swinford, Mac, 1899-1975 (Sc 1449), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1449. Letter, 21 April 1970, of U.S. District Court Judge Mac Swinford, Lexington, Kentucky, to Crawford Crowe, Bowling Green, Kentucky, fulfilling a request for a copy of his book Kentucky Lawyer. He declines to vouch for the accuracy of the book's historical facts "other than as legend."

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Articles

There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.

Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to adjudicate issues …

The Future Of The Antiquities Act, James R. Rasband

Faculty Scholarship

No abstract provided.

Two Observations On Holocaust Claims, William W. Bratton

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No abstract provided.

What's So Special About American Law?, William Ewald

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No abstract provided.

A Reciprocal Welfare Program, Amy L. Wax

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This paper examines how social welfare programs should be structured to comport with the principle of conditional reciprocity. A previous paper, Rethinking Welfare Rights, 63 Law & Contemporary Problems 257 (Winter/Spring 2000), drew upon voter survey data to suggest that a powerful cluster of attitudes governs citizens' views on social redistribution. Most people accept collective responsibility for the poor but adhere to a moralistic distinction between deserving and undeserving recipients of public aid. They view entitlement to group resources as conditional on each person's reasonable effort, consistent with ability, to support himself and his family. It was speculated that the …

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Syntax Before Semantics, Structure Before Content (Book Review Of Carstairs-Mccarthy On Language-Origins), Daniel Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Carstairs-McCarthy's book sets out a bold proposal that constitutes an exciting challenge to the idea that the development of modern syntax was driven by the contentful divisions of language. Instead he posits a physiological cause in order to explain why the core aspects of modern syntax are as they are. It is a great virtue of the book that it carefully reviews a vast interdisciplinary literature encompassing biology, anthropology, neuroscience and the study of apes to support this startling hypothesis. Moreover, the author does a good job of raising doubts about the handful of views that would otherwise contradict it. …

El Garrote Filantropico: Seguridad Publica Y Derechos Humanos En La Jurisprudencia De La Corte, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Tirania ineludible del tiempo: siu que podamos definir con precision en que consiste, jamas deja de fiuir. Han pasada muchas lunas -dirian quienes precedieron nuestros pasos por estas tierras americanas- desde que la plnma sin par de Octavia paz defiuiera aI Estado del siglo XX como un ogro jilantropico. "Autor de todos los prodigios, crimenes, maravillas y calamidades de los Ultimas 70 anos", escribio Paz en ellejano ana de 1978, "el Estado -no el proletariado ui la burguesia- ha sido y es el personaje de nuestro siglo. Su realidad es enorme. Lo es tanto que parece irreal: esta en todas …

The Hidden Whiteness Of Australian Law: A Case Study, Janet Ransley, Elena Marchetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

Indigenous people face procedural barriers in bringing actions in the Australian legal system, such as the need to frame their claims within Western cultural constructs of individual actions and economic loss, and to transform their stories into the written evidence privileged by courts. But an even greater barrier is the hidden Whiteness of Australian courts, which places Indigenous people as the 'Other' who must either change their claims to conform with 'our' requirements, or be rejected. The case study explored in this article shows how this Whiteness exhibits itself in procedural requirements; in its racialising of Indigenous people, their claims …

Randolph Hughes And Alan Chisholm: Romanticism, Classicism And Fascism, Gregory Melleuish

Faculty of Law, Humanities and the Arts - Papers (Archive)

During the 1930s Alan Chisholm and Randolph Hughes were located at the antipodes from each other, even as they shared many of the same aesthetic and political preoccupations. Hughes was an academic at King's College, London until he resigned his post and sought a living from his writings; Chisholm taught French at the University of Melbourne, rising eventually to the rank of professor. Separated by thousands of miles, they corresponded regularly, exchanging letters covering aesthetic, literary and political topics, as they bemoaned the state of the world around them. Outlooks were shared at a variety of levels. Both were dissatisfied: …

Out On The Global Stage: Authenticity, Interpretation And Orientalism In Japanese Coming Out Narratives, Mark Mclelland

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years in Anglophone countries and the societies of northern Europe, the 'coming out' narrative has emerged as the primary genre through which individuals who identify as lesbian and gay narrate their lives. Through the wide reach of western gay print media and also sites on the Internet, this discourse is also gaining ground in societies where 'sexuality' has not traditionally been a privileged site of 'identity.' In the 1990s, Japan, like other societies in Asia, underwent a 'gay boom' in which new, primarily western terminology, began to be deployed in an attempt to describe and speak for previously …

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Clashing Things, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

Law has an ambivalent relationship with artistic and cultural material, for the artistic is malleable and unstable. Law assumes and prefers the stable and reliable, and the closed, and distrusts the vagaries that typify the artistic. Law likes to keep its distance from the artistic, though it is happy to be its judge, and to have its own views on art. It then firmly intrudes into the artistic, especially where rogue aspects of art and culture operate. While law is unable to trust its judgment about the artistic and cultural, it will still make art experts and institution subject to …

A Dynamical Systems Model Of The Limiting Oxygen Index Test, Mark Nelson, H S. Sidhu, R O. Weber, G N. Mercer

Faculty of Law, Humanities and the Arts - Papers (Archive)

Oxygen index methods have been widely used to measure the flammability of polymeric materials and to investigate the effectiveness of fire-retardants. Using a dynamical systems framework we show how a limiting oxygen index can be identified with an appropriate bifurcation. The effectiveness of fire-retardants in changing the limiting oxygen index is calculated by unfolding the bifurcation point with a suitable non-dimensionalised variable, which depends upon the mode of action of the additive. In order to use this procedure it is essential the model is non-dimensionalised so as to retain the variables of interest as distinct continuation parameters.

The Multiplicity Of Steady-State Solutions Arising From Microwave Heating. I. Infinite Biot Number And Small Penetration Depth, Mark Nelson, G C. Wake, X D. Chen, E Balakrishnan

Faculty of Law, Humanities and the Arts - Papers (Archive)

Microwave heating of porous solid materials has received considerable attention in recent years because of its widespread use in industry. In this study, the microwave power absorption term is modelled as the product of an exponential temperature function with a function that decays exponentially with distance. The latter describes the penetration of the material by the microwaves. We investigate the phenomena of multiplicity in class A geometries, paying particular attention to how the penetration function effects the behaviour of the system. We explain why the phase-plane techniques which have been used in the case when the penetration term is constant …

Engendering Scientific Pursuits: Australian Women And Science, 1880-1960, Jane L. Carey

Faculty of Law, Humanities and the Arts - Papers (Archive)

Science is generally perceived as one of the most strongly gendered spheres within modern society. The perceived 'masculine' construction of scientific practice has been the focus of numerous overseas studies of women's historic absence from science. However, the experiences of Australian women scientists, in many ways, stand in stark contrast to this construction. Existing historical accounts of Australian science reveal little about women's participation in the field. It is perhaps surprising to find that, during the first half of this century, women were in fact studying science in quite high numbers. Indeed, few seem to have felt they were doing …

Surveying The Promised Land: Elizabeth Jolley’S Milk And Honey, Dorothy L. Jones

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Bible proved a significant resource for European imperialism both in aiding colonisers to impose their own culture on those they conquered and in justifying their annexation and administration of other peoples' territory. Metaphors drawn from biblical accounts of the garden of Eden and the promised land offering a new home to Jews who had been held captive in Egypt were mobilised in relation to European colonisation. In the biblical context, these motifs emphasised God's cherishing or protection of chosen people to the exclusion of all others and so could be used to justify many forms of containment and exclusion …

State Accountability For Violations Of Intellectual Property Rights: How To "Fix" Florida Prepaid (And How Not To), Mitchell N. Berman

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No abstract provided.

Introduction To The Symposium On Conflicts Of Rights, Claire Oakes Finkelstein

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Conflicting Rights And The Outbreak Of The First World War, Leo Katz

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