Law Commons^™

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark

Publications

Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Don't Cheat; Escheat - What Every Business Lawyer Ought To Know About Tennessee's Abandoned Property Laws, Joan Macleod Heminway

Scholarly Works

No abstract provided.

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Errors And Ethics: Dilemmas In Death, Penny White

Scholarly Works

No abstract provided.

The Disconnect Between At-Will Employment And Tortious Interference With Business Relations: Rethinking Tortious Interference Claims In The Employment Context, Alex B. Long

Scholarly Works

No abstract provided.

Environmental Regulation Of Nanotechnology: Some Preliminary Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Mid-Atlantic Ethics Committee Newsletter, Spring 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Limited Security Interest In Non-Assignable Collateral Under Revised Article 9, Thomas E. Plank

Scholarly Works

No abstract provided.

Guns, Privacy, And Revolution, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

When Can A Nonrecourse Lender Reach The Personal Assets Of Its Borrower, Gregory M. Stein

Scholarly Works

No abstract provided.

The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels

All Faculty Scholarship

There has been in recent years and there continues to be intense debate around the country about whether to open original birth records to adult adoptees. Our understanding of the legal history relevant to the debate has been incomplete and inaccurate. According to this understanding, the state laws that closed court and birth records to the parties to adoptions generally closed these records for all time to all parties; the laws had a primary purpose of insuring lifelong anonymity for birth parents; and the laws became nearly universal by about the middle of the twentieth century. In fact, the history …

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Faculty Scholarship

No abstract provided.

Creativity And The Law, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

Mr. Carroll’S Mental State Or What Is Meant By Intent, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Role Of Law In The Functioning Of Federal Systems, George A. Bermann

Faculty Scholarship

Federal systems are about the distribution of legal and political power, but law is not only one of the currencies of federalism, it is also one of federalism's most important supports; this chapter considers the role that law plays in establishing and enforcing the system by which both legal and political power are distributed within the USA and the EU. Bermann explores the various ways in which the courts can, and choose to, enforce the principles of federalism beyond the classical ‘political’ and ‘procedural’ safeguards provided by the institutional structures themselves and the constraints on the deliberative process. He describes …

Does Law And Literature Survive Lawyerland?, Sarah Krakoff

Publications

No abstract provided.

Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan

Faculty Publications

What is the role of contract law in remedying breach? The question of the appropriate legal remedy, specific performance versus money damages, has provided adequate fodder for three decades of debate in the law and economics discourse. In the legal discipline at large, the topic has spurred centuries of debate, as illustrated by Oliver Wendell Holmes's famous line: “The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.” Holmes's approach to contractual remedy would evolve during the latter half of the twentieth century …

Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez

Faculty Publications

This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …

The Hidden Whiteness Of Australian Law: A Case Study, Janet Ransley, Elena Marchetti

Faculty of Law, Humanities and the Arts - Papers (Archive)

Indigenous people face procedural barriers in bringing actions in the Australian legal system, such as the need to frame their claims within Western cultural constructs of individual actions and economic loss, and to transform their stories into the written evidence privileged by courts. But an even greater barrier is the hidden Whiteness of Australian courts, which places Indigenous people as the 'Other' who must either change their claims to conform with 'our' requirements, or be rejected. The case study explored in this article shows how this Whiteness exhibits itself in procedural requirements; in its racialising of Indigenous people, their claims …

Patterns Of Courtroom Justice, Jessica Silbey

Faculty Scholarship

Any one film can sustain a myriad of compelling interpretations. A collection of films, however, sharing formal and substantive qualities, reveals a common effect more than a diversity of meanings. This essay traces the shared formal and substantive qualities of a group of films, as I name them 'trial films'. It documents this genre of film by identifying the genre's norms of viewing and identification. It also investigates the peculiar hybrid discourse of the trial film genre that combines both filmic and legal discursive practices to show how trial films cultivate support for the American system of law through its …

The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis

Articles & Book Chapters

Health care providers who treat adolescents may also be required to diagnose and treat the reproductive health conditions of minor patients and to facilitate health prevention measures, including contraception and testing for sexually transmitted diseases. Teens who do not want their parents to know about their sexual behaviour may consult a health care provider for reproductive or sexual health care services and treatment without parental knowledge or consent. This may present legal and ethical dilemmas for health care providers. Common law recognizes that adolescents under the legal age of majority who are sufficiently mature (the mature minor) may have the …

Securites Law For The Next Millennium: A Forward-Looking Statement, Michael A. Perino

Faculty Publications

This article serves as the introduction to a symposium on the future of the securities markets and securities regulation which was held as part of St. John's University School of Law's year-long 75th anniversary celebration. The introduction serves to place the symposium in an historical context to set the stage for a discussion of the future.