Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 14 of 14
Full-Text Articles in Law
A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld
A Photographer's Guide To Legal Writing, Barbara P. Blumenfeld
Faculty Scholarship
The author recounts a photography course that taught the three keys to an effective photograph: determining theme, focusing attention on char theme, and simplifying. This article adapts these three keys to legal writing to teach and remind writers of the necessary components of an effective legal document. This method provides a new way to look at old teachings.
A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg
A Three-Dimensional Model Of Stadium Owner Liability In Spectator Injury Cases, Joshua E. Kastenberg
Faculty Scholarship
This article analyzes the duties placed on the stadium and event-site owners to prevent such injuries, as well as the defenses available to stadium and event-site owners. Spectator injuries constitute a large area of negligence law and there is a commonality among the various spectator sports. This article analyzes stadium/event-site owner liability in a three-dimensional model. The purpose of a three-dimensional model is to unweave the complex fabric which constitutes liability for spectator injuries. Various sports are independently analyzed in the first section, which represents one dimension. Part II assesses three common types of jurisdictions which affect the stadium/event-site owner's …
An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg
An Enlightened Addition To The Original Meaning: Voltaire And The Eighth Amendment’S Prohibition Against Cruel And Unusual Punishment, Joshua E. Kastenberg
Faculty Scholarship
This article centers on the influences of the Enlightenment through Voltaire on both the framers of American law and on the Eighth Amendment's prohibition against cruel and unusual punishment. Before discussing the weight of Voltaire's influence on the law makers in the early republic, it is first important to envision a general picture of both Enlightenment philosophy and the experiences of Voltaire in Eighteenth Century France. Therefore, in Part I, this paper examines Seventeenth and Eighteenth Century Enlightenment philosophy on criminal punishment, as well as the philosophy of Voltaire. Part II addresses a similar exploration of the impact of this …
Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna
Faculty Scholarship
If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Faculty Scholarship
Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.
Artistic Parody: A Theoretical Construct, Sherri L. Burr
Artistic Parody: A Theoretical Construct, Sherri L. Burr
Faculty Scholarship
This article looks at artists and copyright holders who sue parodists and claim a violation of the copyright in their works, and proposes increasing the available options for parodists.
Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison
Voices/Voces In The Borderlands: A Colloquy On Re/Constructing Identities In Re/Constructed Legal Spaces, Margaret E. Montoya, Melissa Harrison
Faculty Scholarship
While we believe that the work of healing our cultural dyslexia is partly cognitive, in and through this paper we have tried to enact the experiential aspect. We may approach the entrances of the borderlands through reading and thinking, however we believe that the borderlands is a phenomenon of living, a phenomenon of well-intentioned people interacting in deliberate and thoughtful ways with those who are simultaneously like and unlike us/them. The borderlands require that we bring our critical faculties to bear on life's experiences, but, more often than not, we must suspend them in favor of more charitable and affiliative …
The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall
The Legal Culture Of Northern New Spain, 1700-1810 By Charles R. Cutter, G. Emlen Hall
Faculty Scholarship
The Legal Culture of Northern New Spain, 1700-1810. By Charles R. Cutter. (Albuquerque: University of New Mexico Press, 1995. xii+ 227 pp. Illustrations, maps, notes, bibliography, index. $39.95.)
Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker
Should The Michigan Supreme Court Adopt A Non-Majority Vote Rule For Granting Leave To Appeal?, Carol A. Parker
Faculty Scholarship
This article examines the evolution of Michigan's appellate court system, the role of a modem supreme court, and the rationale for giving a court discretionary jurisdiction. It also reviews the theory of the non-majority vote rule as a procedural safeguard against abuse of the discretionary review power. The Note also assesses current problems faced by the Michigan Supreme Court which are driven to a large extent by escalating appellate caseloads, and whether adoption of a non-majority vote rule would be an improvement over the status quo. This Note concludes that adoption by the Michigan Supreme Court of a "Rule of …
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
A Watershed Issue: The Role Of Streamflow Protection In Northwest River Basin Management, Reed D. Benson
Faculty Scholarship
Watershed management has become a popular approach to environmental problems in the Northwest. Federal, regional, state, local, and tribal watershed efforts are in progress throughout the region. The popularity of the watershed approach can be traced to ecological and political factors. Most watershed management activities, however, focus more on land use and riparian measures than on providing and protecting instreamflows. For both legal and political reasons, watershed efforts tend to avoid water rights issues. Such efforts tend not to be well connected with instream flow protection or water resource planning under state law. Unless they address the need for streamflows, …
Of Vulcans And Values: Judicial Decision-Making And Implications For Judicial Education, Paul Biderman
Of Vulcans And Values: Judicial Decision-Making And Implications For Judicial Education, Paul Biderman
Faculty Scholarship
This article begins by analyzing scholarly works which have addressed the role of a judge's personal values in the work of the judiciary. I will then attempt to identify where values clearly or arguably enter decisions, not because judges necessarily want them to but because the legal system compels it. In particular, I will explore that role not only in the more visible context of monumental appellate decisions, but also in the seemingly routine actions of every judge who sits on a bench. I will then review some guidelines that have been offered for appropriate application of values in the …
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Faculty Scholarship
In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …
Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson
Black Women, Gender Equity And The Function At The Junction, Alfred Dennis Mathewson
Faculty Scholarship
After teaching sports law for several years, I am struck that few people can articulate a coherent general thesis of what gender equity means or a clear vision of what the athletic picture will look like when it has been attained. The law of gender equity, however, is not so difficult to find. The Equal Protection Clause of the Fourteenth Amendment, 42 U.S.C. § 1983 (§ 1983) and Title IX of the Civil Rights Act of 1964, as amended by the Education Amendments of 1972, are the major sources of American gender equity law. The Equal Protection Clause has been …
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Review Essay: “Indians Are Us?: Culture And Genocide In Native North America" By Me Monroe, John P. Lavelle
Faculty Scholarship
Indians Are Us? is a collection of commentaries on American Indian political and social affairs, written in the truculent tone that readers have come to expect from writer Ward Churchill. Like its predecessors, Fantasies of the Master Race and Struggle far the Land, this latest Churchill project consists largely of polemical pieces hastily compiled from obscure leftist publications.