Law Commons^™

Language Policy In Central Asia, Baktygul M. Ismailova

Master's Capstone Projects

This study addresses language policy and language planning in the five Central Asian republics, former constituents of the Soviet Union. Language issues became crucial after the breakdown of the Soviet system, which completely changed the linguistic environment in the region. The study discusses two main issues related to the language planning in central Asia. The first section of the project describes the history of the region before 1917, when lifestyle patterns divided Central Asian residents into two groups, nomads (Kyrgyz, Kazak and Turkmen) and sedentary peoples (Tajik and Uzbek).

After a brief discussion of schooling practices in pre-Soviet Central Asia, …

Book Review, David S. Tanenhaus

Scholarly Works

This ambitious book impressively chronicles forms of imprisonment in American history from Columbus’s crossing in 1492, with at least four convicts among his crew, to the rise of five hundred years later of a “prison-industrial complex,” which employs over half a million people and incarcerates more than one million others. According to Christianson, a former investigative reporter and gubernatorial aide who is now contributing editor of The Criminal Law Bulletin, director of the New York Death Penalty Documentation Project, and chairman of the Board of the Safer Society Foundation, With Liberty for Some “is a history of how we …

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Law Faculty Scholarship

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

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.

Hardball, Politics, And The Nlrb, Michael Ashley Stein

Faculty Publications

No abstract provided.

The South Won't Rise Again But It's Time To Study The Defunct Confederacy's Constitution, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

The premise of this essay is not to espouse that the Southern ideological and constitutional theorists were correct. I propose, however, that an understanding of the historical basis of constitutional law, and a recognition of evolving doctrinal issues of Federalism, will enhance law school curriculum. Presentation of these topics dictates the introduction of the Confederate Constitution into the curriculum of required courses and electives. This effort, I propose, would be a prudent step, to be amply repaid in terms of higher understanding and scholarly benefit.

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine

Articles

No abstract provided.

Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel

Articles

When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …

A Suggestion On Suggestion, Richard D. Friedman, Stephen J. Ceci

Articles

Part I of the full article briefly describes the history and current slate of research into children's suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive …

Corporate Governance Reform And The 'New' Corporate Social Responsibility, Douglas M. Branson

Articles

The history of corporate governance "reform" begins with Adolf Berle and Gardiner Means's "The Modern Corporation and Private Property," first published in 1932. That book posited the "separation of ownership from control," discussed in the first section of this essay.

The subsequent history of corporate governance reform has been the postulation, by academics and others, of solutions to problems posed by the separation of ownership from control.

One subset of proposed reforms, those of the 1970s, formed the "corporate social responsibility movement." During that era, reformers urged governmental intervention which, as a matter of general corporate law, would expand corporate …

Some Philosophical, Political And Legal Implications Of American Archeological And Anthropological Theory, John W. Ragsdale Jr

Faculty Works

Archaeological and anthropological theories about the origins and practices of ancient peoples, and about events and histories, distant in time, but blending into the present, have had impacts that transcend the tenets and borders of the sciences as discrete disciplines. Our suppositions about the factual past can influence our present beliefs - not only our understandings and conclusions about the tangible and practical - but our feelings and faiths about the intangible and the spiritual as well. Our values, principles, world views, and cosmologies may thus be shaped by our scientific backdrop. Beyond this, our social activity, our national policy, …

Conflicting Rights And The Outbreak Of The First World War, Leo Katz

All Faculty Scholarship

No abstract provided.

Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine

Articles

No abstract provided.