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Articles 1 - 29 of 29
Full-Text Articles in Law
Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (February 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Introduction: Analysing Emotion And Theorising Affect, Peta Tait
Introduction: Analysing Emotion And Theorising Affect, Peta Tait
Faculty of Law, Humanities and the Arts - Papers (Archive)
Increased interest in the study of the emotions and affect within the humanities and creative arts can be identified in Australia, where there is nationally funded interdisciplinary research into the history of emotions [1]. While the study of the emotions can be found across a number of academic disciplines, historically, it was theatrical performance that publicly displayed—as well as challenged—ideas of emotional expression in society. The philosophical complexity of theatre is described in, for example: Aristotle’s expectation of benefit to society from the arousal of pity and fear [2]; Diderot’s appreciation that good actors do not feel the emotion that …
Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie
Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …
Editor's Introduction, Shaun Gallagher
Editor's Introduction, Shaun Gallagher
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta
Changing Times In School Law - Introduction, Jeanne L. Surface, David Stader, Anthony Armenta
Educational Leadership Faculty Publications
As 2012 came to a close, the re-election of President Obama assures the continuation of state waivers to No Child Left Behind (NCLB), the use of student growth modeling to make teacher and administrator employment decisions, and more accountability measures for PK-12 public schools and public and private institutions of higher education. The inexplicable school shootings at Sandy Hook Elementary in Newtown, Connecticut, once again opened the political discussion about school safety. The reauthorization of Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) looms on the horizon. The U.S. Supreme Court has once again ventured into the divisive affirmative …
Introduction - The Future Of The Inter-American System Of Human Rights, Claudio Grossman
Introduction - The Future Of The Inter-American System Of Human Rights, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie
Introduction: Ways Of Knowing About Human Rights In Asia, Vera C. Mackie
Faculty of Law, Humanities and the Arts - Papers (Archive)
The Universal Declaration of Human Rights (UDHR) was adopted on 10 December 1948 by the United Nations General Assembly. We have thus seen 65 years of the international project of addressing human rights issues at a global level through the United Nations and associated organisations. Human rights occupy a paradoxical place in international politics. Human rights treaties address the most intimate issues of personal freedom, autonomy and self-determination, but the institutions developed for the promotion of human rights operate at a global level seemingly distanced from this intimate and individual scale. In human rights advocacy there is thus constant mediation …
Introduction: Nationalism And Transnationalism In Australian Historical Writing, Sharon Crozier-De Rosa, David Lowe
Introduction: Nationalism And Transnationalism In Australian Historical Writing, Sharon Crozier-De Rosa, David Lowe
Faculty of Law, Humanities and the Arts - Papers (Archive)
One of the strongest trends in Australian historical writing over the last two decades has been a drive to emphasise the nation’s connectedness with the rest of the world. Across a range of historical genres and topics, we have seen a new enthusiasm to explore entanglements between Australian history and that of other places and peoples. The history of travel has been an important contributor to this line of inquiry, but it is at the more intellectual, imaginative and emotional levels that the greatest gains are sometimes claimed for the study of what has become known as ‘transnationalism’. This trend …
An Introduction To "The Boston Trio": Sylvia Plath With Robert Lowell And Anne Sexton, Sarah-Jane Burton
An Introduction To "The Boston Trio": Sylvia Plath With Robert Lowell And Anne Sexton, Sarah-Jane Burton
Faculty of Law, Humanities and the Arts - Papers (Archive)
In an interview with A. Alvarez for The Observer in 1963, the poet Robert Lowell asserted, "Inspiration's such a tricky word…we all know poetry isn't a craft that you can just turn on and off. It has to strike fire somewhere" (76). The question of the location of this elusive "somewhere" – this inspirational moment in the trajectory of Sylvia Plath's career is one of the main concerns of this paper. This pivotal moment and literary shift is often cited as occurring late in Plath's life, with motherhood and the break-up of her marriage to Ted Hughes providing the fuel …
Introduction: Currents, Cross-Currents, Undercurrents, Frances Devlin-Glass, Antonio Simoes Da Silva
Introduction: Currents, Cross-Currents, Undercurrents, Frances Devlin-Glass, Antonio Simoes Da Silva
Faculty of Law, Humanities and the Arts - Papers (Archive)
The similarities in an issue such as this one are often purely serendipitous; JASAL 10 brings together work submitted to a general, non-thematic issue and it should not surprise that the range of material is very diverse.
The Basic Law At 60 - Introduction To The Special Issue, Susanne Baer, Christian Boulanger, Alexander Klose, Rosemarie Will
The Basic Law At 60 - Introduction To The Special Issue, Susanne Baer, Christian Boulanger, Alexander Klose, Rosemarie Will
Articles
For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a "success story." As is well known, it was never meant to last - the very term "Grundgesetz" (basic law) indicated that it was …
Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky
Introduction: Creating White Australia: New Perspectives On Race, Whiteness And History, Jane L. Carey, Claire Mclisky
Faculty of Law, Humanities and the Arts - Papers (Archive)
As the promulgation of the White Australia Policy in 1901 would seemingly demonstrate, ‘whiteness’ was crucial to the constitution of the new Australian nation. And yet historians have paid remarkably little attention to this in their studies of Australia’s past. ‘Whiteness’, as a concept, has only recently been recognised as a significant part of the story of Australian nationalism. In seeking to understand the operations of ‘race’, historians have primarily looked towards Indigenous peoples and other ‘non-white’ groups. Creating White Australia takes a fresh approach to the questions of Australian national formation and the crucial role of race in Australian …
Preview Press The Escape Key To Close Modern Literary Theory And Ancient Texts. An Introduction, Ika Willis
Preview Press The Escape Key To Close Modern Literary Theory And Ancient Texts. An Introduction, Ika Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
This short volume is designed to introduce classicists (mainly students of classical literature) to a range of twentieth-century theoretical approaches to the study of texts. Its best feature is S.’s unapologetic and palpable commitment both to theory, as the engine for producing new ways to frame and to explore crucial questions about literature, and to literary texts themselves. His conclusion, arguing that literary theory helps us perceive the ‘strangeness’ of classical texts and their provocations to ‘see the world from a strange perspective’ (p. 208), is passionate and convincing; the sections where he focusses on the application of modern theories …
Introduction To The Special Report, George Kuney
Introduction To The Special Report, George Kuney
Scholarly Works
No abstract provided.
“Forward” In Recent Developments In Minnesota Law, Eric S. Janus
“Forward” In Recent Developments In Minnesota Law, Eric S. Janus
Faculty Scholarship
Introduction to Issue 4 of Volume 34 of the William Mitchell Law Review. The issue has a dual focus. The first part of the issue examines an eclectic collection of Minnesota laws and cases. The issue begins with a retrospective on the opinions of Associate Justice Sam Hanson, then turns to the Law Review’s traditional—and critical—look at selected (mostly recent) Minnesota Supreme Court decisions, and finally scans and audits the state’s animal protection laws. The second part of the issue has a decidedly more international scope, reflecting the robust work of William Mitchell’s Tobacco Law Center, particularly the work product …
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges
Law Faculty Publications
This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of …
An Introduction To The United States Legal System: Cases And Comments, Alberto M. Benítez
An Introduction To The United States Legal System: Cases And Comments, Alberto M. Benítez
GW Law Faculty Publications & Other Works
This casebook introduces non-U.S trained lawyers, law students, and college undergraduates to the intricacies and nuances of our legal system. The world is becoming a smaller place and as a consequence of this globalization, the need for lawyers who are international in perspective and competence is increasing. Whatever one's opinion about globalization, there is no doubt that the U.S. legal system is at the forefront of these changes. This book attempts to compress three years of U.S. legal education into one casebook.
The following materials in this chapter, and throughout this book, will help non-United States law students and pre-law …
The Supreme Court: A Unique Institution, John Paul Jones
The Supreme Court: A Unique Institution, John Paul Jones
Law Faculty Publications
Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
The Limits Of Multiple Rights And Remedies: A Call For Revisiting The Law Of The Workplace, Ann C. Hodges
Law Faculty Publications
The IBM decision illustrates two major problems with current workplace regulation. First, there are two distinct but overlapping systems - the individual and the collective - which often collide. The result is, at best, an imperfect realization of rights under both systems, and perhaps more often, the sacrifice of rights under one to rights under the other. Second, the multitude of forums available for litigation results in multiple claims arising out of the same action, as well as tribunals deciding issues outside their expertise. After analyzing the IBM decision, I will consider the costs and benefits of the current regulatory …
The Causal Nexus In International Refugee Law, James C. Hathaway
The Causal Nexus In International Refugee Law, James C. Hathaway
Articles
For all of its value as a critical mechanism of human rights protection, international refugee law is not an all-encompassing remedy. In at least two ways, the category of persons of concern to refugee law is significantly more narrow than the universe of victims of human rights abuse. First, only persons able somehow to leave their own country can be refugees. Alienage is a requirement for refugee status because of concerns about the limits of international resources and the potential for responsibility-shifting, as well as in recognition of the fundamental constraints which sovereignty still places on meaningful intervention by the …
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
Law Faculty Publications
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
Foreword: "Products Liability In The 21st Century Substantive U.S. And Foreign Product Liability Law", Michael K. Steenson
Foreword: "Products Liability In The 21st Century Substantive U.S. And Foreign Product Liability Law", Michael K. Steenson
Faculty Scholarship
The idea for this William Mitchell Law Review Symposium on products liability law belongs to Ken Ross, who currently is Of Counsel to Bowman & Brooke. He specializes in products liability law and, as a preventive law specialist representing both domestic and foreign clients, he sees products liability law from a broad prospective that necessitates an understanding of products liability law from both a domestic and international perspective that takes into consideration legislative, regulatory, and common law shifts and trends in the law. This symposium is shaped around those broad interests.
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 1999 Term Of The Supreme Court: Review And Analysis, Ann C. Hodges
Law Faculty Publications
The five employment law cases decided by the Supreme Court during the October 1999 Term bring to nineteen the total number of significant employment law cases decided by the Court during the last three terms. The October 1997 Term cases were marked by primary focus on employer liability, under Title VII of the Civil Rights Act of 1964, for sexual harassment by supervisors. Primary focus during the 1998 Term was on disability discrimination under the Americans with Disabilities Act of 1990 (ADA) and on the constitutionality of actions brought by private parties against states under the Fair Labor Standards Act …
(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger
(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger
Faculty Scholarship
For several years now I have begun my first-year contracts course with the 1988 New Jersey Supreme Court case In the Matter of Baby M. In this essay, I want to explain why. I offer the explanation in the spirit of modest proselytizing, recognizing that many of us already have a favored method or manner into the course: some introductory questions we pose before leaping into (or over) the introductions already provided by the editors of the many excellent casebooks available. But I have found that Baby M works extremely well in ways that others may want to consider. …
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
Should The Secured Credit Carve Out Apply Only In Bankruptcy? A Systems/Strategic Analysis, Lynn M. Lopucki
UF Law Faculty Publications
No abstract provided.
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges
Law Faculty Publications
Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …
Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt
Law Faculty Scholarly Articles
On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …
Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar
Articles
Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'