Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2001

Law

Discipline
Institution
Publication

Articles 1 - 26 of 26

Full-Text Articles in Law

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark Dec 2001

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.


Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001 Oct 2001

Mid-Atlantic Ethics Committee Newsletter, Fall-Winter 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 2001 Jul 2001

Mid-Atlantic Ethics Committee Newsletter, Summer 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Jul 2001

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.


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 Apr 2001

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 in which they have changed the cartography of national and international governance. The importance of this objective was demonstrated by the carnage of September 11, 2001. The recent terrorist attacks also demonstrated the extent to which we are inhabitants of a global village. This Symposium attempted to understand the manner in which two nonterrorist, nongovernmental entities have become increasingly important actors in this global village. It reviewed the manner in which corporations and NGOs are changing the geo-political and socio-economic boundaries of national and international governance.

The second objective brings special focus to bear on environmental NGOs. The second objective seeks answers to the questions: Have not-for-profits or NGOs, gone too far in diminishing the role of the public sector and the nation-state? Is the prevailing faith in the increasingly important role played by NGOs misplaced?

After establishing the importance of nongovernmental actors in national and international governance, the Symposium sought to ascertain whether not-for-profits or NGOs have gone too far in diminishing the role of the public sector and the nation-state. It also addressed the corollary issue of whether the prevailing faith in the increasingly important roles played by NGOs is misplaced.

The Symposium identified four case studies in an attempt to shed light on these questions and to acknowledge the functions that each sector is best suited to perform. Specifically, the Symposium employed the prism of environmental policy, science, and law to examine the roles played by NGOs in addressing: (1) GMOs; (2) dams; (3) wildlife and species; and (4) indigenous peoples." -- Lakshman D. Guruswamy, Cartography of Governance: An Introduction, 13 Colo. J. Int'l Envtl. L. & Pol'y 1-3 (2002).


Mid-Atlantic Ethics Committee Newsletter, Spring 2001 Apr 2001

Mid-Atlantic Ethics Committee Newsletter, Spring 2001

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Creativity And The Law, Alfred C. Aman Jr. Jan 2001

Creativity And The Law, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.


Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jan 2001

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

Faculty Scholarship

No abstract provided.


Forms Of Discrimination, Infocus Programme On Promoting The Declaration On Fundamental Principles And Rights At Work, International Labour Organization Jan 2001

Forms Of Discrimination, Infocus Programme On Promoting The Declaration On Fundamental Principles And Rights At Work, International Labour Organization

Nondiscrimination

Fact sheet on various forms of discrimination in the workplace, prepared by the ILO.


Women At War: An Evolutionary Perspective, Kingsley R. Browne Jan 2001

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

Law Faculty Research Publications

No abstract provided.


The Hidden Whiteness Of Australian Law: A Case Study, Janet Ransley, Elena Marchetti Jan 2001

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

Faculty of Law, Humanities and the Arts - Papers

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 ...


Does Law And Literature Survive Lawyerland?, Sarah Krakoff Jan 2001

Does Law And Literature Survive Lawyerland?, Sarah Krakoff

Articles

No abstract provided.


Allocution For Victims Of Economic Crimes, Jayne W. Barnard Jan 2001

Allocution For Victims Of Economic Crimes, Jayne W. Barnard

Faculty Publications

No abstract provided.


The Idea Of Adoption: An Inquiry Into The History Of Adult Adoptee Access To Birth Records, Elizabeth Samuels Jan 2001

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 ...


The Law And Economics Of Reverse Engineering, Pamela Samuelson, Suzanne Scotchmer Jan 2001

The Law And Economics Of Reverse Engineering, Pamela Samuelson, Suzanne Scotchmer

Faculty Scholarship

No abstract provided.


Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez Jan 2001

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 ...


Securites Law For The Next Millennium: A Forward-Looking Statement, Michael A. Perino Jan 2001

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.


Confronting The Agency In Battered Mothers, Elaine M. Chiu Jan 2001

Confronting The Agency In Battered Mothers, Elaine M. Chiu

Faculty Publications

Despite the progress of the last three decades, the American public and even feminists remain caught in a web of ambivalence and contradictory attitudes and beliefs about battered women. Are battered women traumatized victims who suffer at the hands of their individual abusers and from the systemic failures of a male-dominated culture? Are they, therefore, unable to save themselves or their children? In contrast, are these women survivors who manage to protect themselves as best they can under uniquely difficult circumstances? Do they deserve recognition for their efforts, or do battered women somehow contribute to or exacerbate their own abuse ...


American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen Jan 2001

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 ...


Tortious Interference And The Law Of Contract: The Case For Specific Performance Revisited, Deepa Varadarajan Jan 2001

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 ...


Can Lawyers Say Anything About Economic Growth--Comment On Frank Cross's Law And Economic Growth, Robert Cooter Jan 2001

Can Lawyers Say Anything About Economic Growth--Comment On Frank Cross's Law And Economic Growth, Robert Cooter

Faculty Scholarship

Comments on an article by Frank Cross about the role of legal scholars and law in understanding economic growth. Effect of economic growth on individuals; Roles of transactional lawyers in business organization and innovation.


Prisoners Of The Ins, Charles Weisselberg Jan 2001

Prisoners Of The Ins, Charles Weisselberg

Faculty Scholarship

As part of its efforts to control immigration, the Immigration and Naturalization Service (INS) detathe ins thousands of noncitizens. Many are held while the INS determines whether they are visitors, immigrants, or refugees; others are held because the INS would like to return them to their countries of origin but their countries will not take them back.


Feminism Versus Multiculturalism, Leti Volpp Jan 2001

Feminism Versus Multiculturalism, Leti Volpp

Faculty Scholarship

No abstract provided.


Open Access To Broadband Networks: A Case Study Of The Aol/Time Warner Merger, Daniel L. Rubinfeld, Hal J. Singer Jan 2001

Open Access To Broadband Networks: A Case Study Of The Aol/Time Warner Merger, Daniel L. Rubinfeld, Hal J. Singer

Faculty Scholarship

No abstract provided.


The Rights Of The Adolescent: The Mature Minor, Roxanne Mykitiuk, Victoria J. Davis Jan 2001

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 ...


Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil Jan 2001

Aboriginal Rights In Transition: Reassessing Aboriginal Title And Governance, Kent Mcneil

Articles & Book Chapters

In a series of important decisions, the Court has come to grips with a number of issues that it did its best to avoid in the past, involving the identification and definition of Aboriginal rights, the content of Aboriginal title to land and the requirements for proving it, and the relevance of the law of New France to Aboriginal rights today. This paper will focus on these recent developments in the law, as well as attempting to identify areas where the law of Aboriginal rights is incomplete and so requires further judicial elucidation.