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Articles 61 - 90 of 101

Full-Text Articles in Law

Hein And Goldilocks Principle, Maya Manian Jan 2009

Hein And Goldilocks Principle, Maya Manian

Articles in Law Reviews & Other Academic Journals

Two weeks into his presidency, George W. Bush issued an executive order establishing the White House Office of Faith-Based and Community Initiatives (OFBCI) to encourage religious groups to provide federally funded social services. In particular, the OFBCI and its corresponding centers in various executive agencies sought to help religious organizations obtain federal grant monies by providing technical assistance to help them navigate the often byzantine bureaucracy surrounding federal grant-making. The OFBCI achieved its goal of increasing federal grants to religious organizations, in part by funding workshops and conferences designed to aid religious groups pursuing federal financing. Concerned that the Bush …


Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff Jan 2009

Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …


Human Rights Hero - President Barack Obama, Stephen Wermiel Jan 2009

Human Rights Hero - President Barack Obama, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Digitus Impudicus: The Middle Finger And The Law, Ira Robbins Apr 2008

Digitus Impudicus: The Middle Finger And The Law, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …


Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis Jan 2008

Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff Jan 2008

Valuing All Families: An Introduction To The 2008 Santa Clara Law Review Symposium, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

The family has changed over time, as has the law concerning families and relationships. Thank goodness. Until recent decades, the law punished nonmarital sex, delineated separate spheres for men and women, and restricted the grounds for ending marriage. The sexual revolution, feminism, and the demand for divorce were the social phenomena that facilitated these changes. Today we take for granted that marriage is not the right dividing line for the rights and obligations of parents. We now must revise our laws to protect the economic security and emotional peace of mind of the full variety of today's families and relationships.


A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei Jan 2007

A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Role Of International Arbitrators, Susan Franck Apr 2006

The Role Of International Arbitrators, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'


Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary Clark Jan 2006

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Religious Liberty And The Law, Stephen Wermiel Jan 2006

Religious Liberty And The Law, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel Jan 2006

Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson Jan 2006

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …


Legal Approaches And The Contributions Of Case Law, Claudio Grossman Jan 2006

Legal Approaches And The Contributions Of Case Law, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Resegregation In Public Education, Stephen Wermiel Jan 2005

Resegregation In Public Education, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark Jan 2005

Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Jan 2005

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff Jan 2005

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey Jan 2005

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff Jan 2005

Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru Jan 2004

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Human Rights Hero - Coretta Scott King, Stephen Wermiel Jan 2004

Human Rights Hero - Coretta Scott King, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Making Marriage Matter Less: The Ali Domestic Partner Principles Are One Step In The Right Direction, Nancy Polikoff Jan 2004

Making Marriage Matter Less: The Ali Domestic Partner Principles Are One Step In The Right Direction, Nancy Polikoff

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Jan 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Articles in Law Reviews & Other Academic Journals

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …


Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle Jan 2003

Critical Perspectives On The Legal Profession In England And Wales (Book Review), Susan Carle

Articles in Law Reviews & Other Academic Journals

Book Review of DONALD NICOLSON & JULIAN WEBB, PROFESSIONAL LEGAL ETHICS: CRITICAL INTERROGATIONS, Oxford University Press, 1999. Pp. 292.


The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel Jan 2003

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson Jan 2002

A Qualified Defense Of Military Commissions And United States Policy On Detainees At Guantanamo Bay Naval Base, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article, published in a special post 9-11 issue of the Harvard Journal of Law & Public Policy, offers a defense of the view that terrorists such as Osama Bin Laden should be tried, if captured, outside of regular US civilian courts and in some form of military commission. The article argues that terrorists should be seen as criminals as well as enemies of the United States. Criminals who are simply deviants from the domestic social order are properly dealt with within the constitutionally constituted civilian court structure. Enemies who are not also criminals - legal combatants - are properly …


Empathy, Spring, And Fervorino, Susan Bennett Jan 2002

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green Jan 2002

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Articles in Law Reviews & Other Academic Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.


Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel Jan 2002

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle Jan 2001

From Buchanan To Button: Legal Ethics And The Naacp (Part Ii), Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.