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Articles 4051 - 4080 of 5267
Full-Text Articles in Law
The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff
The Lobbyist No. 27 (Fall 1999), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Due Process, Community, And The Prince In The Evolution Of The Ordo Iudiciarius, Kenneth Pennington
Due Process, Community, And The Prince In The Evolution Of The Ordo Iudiciarius, Kenneth Pennington
Scholarly Articles
No abstract provided.
The Architecture Of Judicial Independence, Stephen B. Burbank
The Architecture Of Judicial Independence, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin
Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin
All Faculty Scholarship
No abstract provided.
Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger
Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger
Faculty Scholarship
In this article, the author proposes that those who work in any capacity with impoverished clients and embattled minority communities imagine practice from within Levinas' key images. First, that ethics is first philosophy - that knowledge of the self, the Other and the context in which ethical action is possible does not precede ethical understanding, decision-making and action, but that rather that we become human in the ethical encounter with the incommensurable Other. Second, that representing a client is in each moment an encounter with the face of the Other. We look up into the face of the Other calling …
The 'Hat' And The Mechanical-Flâneuse In Ernst Lubitsch's Ninotchka (1939), Jon Cockburn
The 'Hat' And The Mechanical-Flâneuse In Ernst Lubitsch's Ninotchka (1939), Jon Cockburn
Faculty of Law, Humanities and the Arts - Papers (Archive)
This article addresses the ‘hat’ scene in Ninotchka (1939), a feature film directed and produced by Ernst Lubitsch for MGM in Hollywood. Central to discussion is the main character, Ninotchka, a Soviet female ‘envoy extraordinary’ played by Greta Garbo. In the film, Ninotchka embodies the ‘new’ woman, but one enacting in a revised form of flânerie that is restructured and disciplined to accommodate Taylorism and Fordism. To help describe this persona, the article constructs a term, the ‘mechanical-flâneuse’ (Cockburn 1999), that refers to the 1930s ‘new’ woman as exemplified by Ninotchka, who combined flânerie with efficiency. The article …
Lying To Protect Privacy, Anita L. Allen
Lying To Protect Privacy, Anita L. Allen
All Faculty Scholarship
No abstract provided.
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
Law Faculty Articles and Essays
This Article begins with some historical background surrounding the Nazi pillaging of several family collections which may have found their way into American museums. The Article then focuses on what legal and equitable doctrines should be employed in the search for justice in ownership of art works in the United States. The Article advocates that American lawmust prevail. It must be modified to reject the due diligence rule for replevin. Replevin maintains that good intentions alone cannot abrogate the doctrine of bona fide purchaser: a thief can never pass clear title to stolen property to any subsequent transferee no matter …
On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein
On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang
Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang
Research Collection School of Social Sciences
The political handover of Hong Kong on 1 July 1997 turned out to be a non-eventwith little political drama. Emotions ran high when the Union Jack was loweredand was replaced by the Chinese national flag (wuxing hongqi), peacefully endingover one and a half centuries of British colonial rule in Hong Kong. The handovertook place smoothly, despite the heavy rain, without political and social turbulence.The Sino-British disagreement over the abolition of the Legislative Council marredthe occasion, but the swearing-in of a pro-Beijing Provisional Legislative Councilwas largely accepted as a fait accompli.
Book Review. Roman Law After The Fall Of Rome, David V. Snyder
Book Review. Roman Law After The Fall Of Rome, David V. Snyder
Articles by Maurer Faculty
Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.
The Disability Kaleidoscope, Mary Crossley
The Disability Kaleidoscope, Mary Crossley
Articles
The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse
All Faculty Scholarship
No abstract provided.
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick
Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Speaking Truth To Powerlessness, Howard Lesnick
Speaking Truth To Powerlessness, Howard Lesnick
All Faculty Scholarship
No abstract provided.
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Threats And Preemptive Practices, Claire Oakes Finkelstein
Threats And Preemptive Practices, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz
All Faculty Scholarship
Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Journal Articles
In The Practice of Justice, Professor William H. Simon describes justice in a way that differs from the way the Bible describes justice. The big difference is not so much what justice requires (although there is some difference there) as (i) how people decide what justice requires, and (ii) who the "people" are who decide what justice requires. Some of us Christians claim to understand "justice" as the Bible understands it. It may make a difference that, for biblical people, "justice" is righteousness, and righteousness, the Torah teaches, and Rabbi Hillel teaches, and Rabbi Jesus teaches, is practice following upon …
Whistleblowing And Nonviolence, Brian Martin
Whistleblowing And Nonviolence, Brian Martin
Faculty of Law, Humanities and the Arts - Papers (Archive)
Whistleblowing and nonviolent action have a number of similarities and connections, yet seldom have they been discussed together. There are a number of lessons for whistleblowing from nonviolence, and vice versa. These are raised through a series of points about whistleblowing: that isolated resistance is ruthlessly crushed, that preparation is essential, that formal channels seldom work, that the strategy of mobilization can be powerful, and that whistleblowers seldom bring about change.
Car Culture [Book Review], Georgine W. Clarsen Dr
Car Culture [Book Review], Georgine W. Clarsen Dr
Faculty of Law, Humanities and the Arts - Papers (Archive)
Since their development precisely spans this centuny, it seems to me no coincidence that there has been a renewed interest in cars at this time. The ways that the automobile has been celebrated as a 'birth' at the end of the last century, and the dystopian future that it has more often come to represent at the end of this one, bracket the extremes of optimism and pessimism that the technology can evoke.
Celebrity And The Media, Frances Bonner, Rebecca Farley, Philip Marshall, Graeme Turner
Celebrity And The Media, Frances Bonner, Rebecca Farley, Philip Marshall, Graeme Turner
Faculty of Law, Humanities and the Arts - Papers (Archive)
This paper presents the results of a survey of stories dealing with celebrities in a sample of newspapers, magazines, and television programming. Aimed at testing anecdotal accounts of an increase in the volume of such material within the media generally, the survey provides detailed evidence for the view that this now constitutes a significant portion of media output. The paper discusses these findings in the context of attempting to better understand the cultural function of such stories for their audience.
The Fiction Of Public Life, Philip Marshall
The Fiction Of Public Life, Philip Marshall
Faculty of Law, Humanities and the Arts - Papers (Archive)
One of Woody Allen's first jobs was as a gag/joke writer indirectly for New York gossip columnists. To coordinate with the appearance of famous people at grand openings, Allen would write appropriately witty lines that a star's press agent would work hard to get placed in a newspaper column like Walter Winchell's. The lines would be treated as authentic quotes as the star entered the premiere, club or ceremony (Lax 71). His reputation grew from this ability to see what would be humorous to say in a very public setting, or just generally what would make a particular star look …
Who's Afraid Of The Bem? The Politics Of Excellence, Clive Harfield
Who's Afraid Of The Bem? The Politics Of Excellence, Clive Harfield
Faculty of Law, Humanities and the Arts - Papers (Archive)
Examines the adoptation and application of the EFQM Business Excellence Model within British policing as a model of performance management.
Correspondence: Isms And Schisms: Culturalism Versus Realism In Security Studies, Theo G. Farrell
Correspondence: Isms And Schisms: Culturalism Versus Realism In Security Studies, Theo G. Farrell
Faculty of Law, Humanities and the Arts - Papers (Archive)
In "Culture Clash," Michael Desch offers a dismissive assessment of the new culturalist wave in security studies.1 Desch ªnds cultural variables hard to deªne and operationalize, culturalists reluctant to generalize across cases, and inconsistencies within culturalism in security studies such that some cultural theories have more in common with realist theories than with other cultural ones. I deal with each of these criticisms in turn. I then focus on Desch's call for culturalists to subject their theories to "crucial tests." I propose an alternative method, more favored by social scientists and accepted by realists, of comparing realism and culturalism as …
Crazy Reasons, Stephen J. Morse
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Social Contract Theory In American Case Law, Anita L. Allen
Social Contract Theory In American Case Law, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Neither Desert Nor Disease, Stephen J. Morse
Neither Desert Nor Disease, Stephen J. Morse
All Faculty Scholarship
No abstract provided.