Law Commons^™

Talkin' 'Bout Law's Generations: Intergenerational Differences In Reading Legal Texts, Marett Leiboff

Marett Leiboff

This paper describes a project I am currently undertaking which seeks to find out if generational differences affect the reading of legal texts, with the potential to compromise the possibility of textual integrity in law. I am calling this concept ‘intergenerational interpretative dissonance’. Using an empirical study (which is currently on foot), the project is drawing on ‘pop culture’ generations to undertake a quiz-style survey to explore differences in knowledge, history and meanings about non-legal events in order to establish what non-legal knowledge is shared (or not) by different generations of lawyers. The survey is being used to provide background …

"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff

Marett Leiboff

The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …

'Ditto': Law, Pop Culture And Humanities And The Impact Of Intergenerational Interpretative Dissonance, Marett Leiboff

Marett Leiboff

Building on Julius Stone's remark that jurisprudence is law's extroversion (or extraversion), this essay explores the consequences that flow from the loss of a shared humanities discourse by lawyers. In adapting the concept of extraversion to those things about us in the world, the essay considers the finding of an empirical study, Law's Gens Project, which revealed a profound, almost seismic shift in what different generational groupings of lawyers know, based in the humanities, placing this point of rupture squarely in the 1970s. Drawing on allusions and cultural references used in judgments, this project reveals how these cultural markers affect …

Alice Through The Wormhole: Reconciling Spatial And Temporal Disjunctions In The Creation Of Content In Australian Media Law, Marett Leiboff

Marett Leiboff

Copy of powerpoint presentation to the conference.

Reproducing Empire In Same Sex Relationship Recognition And Immigration Law Reform, Nan Seuffert

Professor Nan Seuffert

No abstract provided.

Shares And Caring: Stories Of Law, Identity, Culture And Enterprise, Nan Seuffert

Professor Nan Seuffert

No abstract provided.

Nation As Partnership: Law, "Race," And Gender In Aotearoa New Zealand's Treaty Settlements, Nan Seuffert

Professor Nan Seuffert

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as ‘‘structural adjustment,’’ or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, ‘‘race,’’ gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self-determination and …

Revolution, National Identity And Law Reform: From Derivatives To Demonstrations, Nan Seuffert

Professor Nan Seuffert

No abstract provided.

Remembering Mary Dunlap As A Student, Herma Hill Kay

Herma Hill Kay

Recounts the experience of having Mary C. Dunlap as a student at the Boalt Hall School of Law at the University of California in Berkeley. Introduction by Dunlap and fellow students, Nancy Davis and Wendy Webster Williams of a course on Women and the Law into the Boalt Hall curriculum; Establishment of the Davis, Dunlap and Williams women' rights law firm, which was later reorganized as the public interest women's rights firm of Equal Rights Advocates, Inc.; Admittance of Dunlap of being involved in a lesbian relationship; Reason given by Dunlap for studying law.

Berkeley Women's Law Journal: A Powerful Force At Twenty, Herma Hill Kay

Herma Hill Kay

Anniversaries provide appropriate occasions to learn from experience by examining the past and planning for the future. The Twentieth Anniversary of the founding of the Berkeley Women's Law Journal (now the Berkeley Journal of Gender, Law & Justice) is such an occasion.

Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus

Holly Doremus

Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.

Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia

Dr Gabriel Garcia

During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

How To Turn Around Your Classroom, Jalae Ulicki, Arlene Westphal

Jalae Ulicki

• Explore and create effective student response questions for use in class
• Determine potential uses for data to create a higher level of engagement in the classroom
• Determine how to use the data to enhance teaching

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Peter Jaszi

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.

Facilitative And Mandatory Rules In The Corporation Law(S) Of The United States, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.

Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen

Dr Jennifer M Nielsen

Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …

A Look At The Establishment Clause Through The Prism Of Religious Perspectives: Religious Majorities, Religious Minorities, And Nonbelievers, Samuel J. Levine

Samuel J. Levine

This article traces the Court’s Establishment Clause jurisprudence through several decades, examining a number of landmark cases through the prism of religious minority perspectives. In so doing, the Article aims to demonstrate the significance of religious perspectives in the development of both the doctrine and rhetoric of the Establishment Clause. The Article then turns to the current state of the Establishment Clause, expanding upon these themes through a close look at the 2004 and 2005 cases Elk Grove Unified School District v. Newdow, Van Orden v. Perry, and McCreary County v. American Civil Liberties Union of Kentucky. The article concludes …

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Cynthia M Ho

No abstract provided.

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

Patricia E. Salkin

This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.

'Leveling The Playing Field' With Contract Principles, Stephen A. Gerst

Stephen A Gerst

No abstract provided.

Open Sesame - Anatomy Of Regulatory Regime For Foreign Investment In China’S Private Health Insurance Market, Tao Liang

Tao LIANG

David Dudley Field And The Field Code: A Historical Analysis Of An Earlier Procedural Vision, Stephen Subrin

Stephen N. Subrin

No abstract provided.

The Newest Jim Crow And The Incarceration Of Black Males, Edward Earl Bell

Dr. Edward E. Bell

Black males are in jail. Are "we" to blame? The New Jim Crow is alive.

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Srividhya Ragavan

No abstract provided.

Sustaining America, John Dernbach

John C. Dernbach

This essay summarizes U.S. sustainability efforts over the two decades since the U.N. Conference on Environment and Development (or Earth Summit) in 1992. It also summarizes basic findings and recommendations from Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute 2012). Drawing on the expertise of more than four dozen sustainability practitioners in a variety of fields, the book teases from the limited progress made in the United States over the past two decades the overall patterns for that progress. It also reviews the most significant obstacles to sustainability, again showing patterns in those obstacles across …

Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Scorn, Richard Delgado, Jean Stefancic

Richard Delgado

No abstract provided.