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Full-Text Articles in Law
Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall
Shell Games: The Continuing Legacy Of Rights To Minerals And Water On Spanish And Mexican Land Grants In The Southwest, G. Emlen Hall
Faculty Scholarship
This paper explores generally this paradoxical approach to mineral and water rights on confirmed Spanish and Mexican land grants. The analysis treats mineral and water rights separately. For each critical land grant resource, the paper explicates basic law of the Southwest's antecedent sovereigns. It then suggests how those Spanish and Mexican rights fit within the 1848 Treaty of Guadalupe Hidalgo guarantee of protection of "property rights." It proceeds to analyze how the United States implemented those guarantees, suggesting that the treatment of the succeeding sovereign owed more to its own law than it did to the law of the antecedent …
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore
Faculty Scholarship
This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis
Faculty Scholarship
This Article will attempt to analyze some of the considerations that should inform enlightened and compassionate public policy in this area. Section I will describe briefly the definition of mental retardation and common attributes of people who have the disability and the social and political world in which they live within our society. Section II will sketch some of the contexts in which legal issues about decision-making arise in the lives of people with mental retardation. Section III will discuss the generic legal doctrines of consent which form the backdrop for legal analysis of these problems, with particular attention to …
The Judicial Business Of A Nineteenth-Century Federal Trial Court: The Northern District Of California, 1851-1891, Christian G. Fritz
The Judicial Business Of A Nineteenth-Century Federal Trial Court: The Northern District Of California, 1851-1891, Christian G. Fritz
Faculty Scholarship
Studies of the work of American trial courts--particularly the federal courts in the nineteenth century--are extremely rare. One exception is Federal Justice in California: The Court of Ogden Hoffman, 1851-1891 (1991)--an archival study of the forty year tenure of the first judge of the Northern District of California. Federal Justice is both an institutional study of that court and a biography of its first judge, Ogden Hoffman. Federal Justice rests upon an analysis of over 19,000 case files generated by the first forty years of that courts existence and provides a general summary of the dockets and workload of the …
Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez
Two Legal Constructs Of Motherhood: "Protective" Legislation In Mexico And The United States, Antoinette M. Sedillo Lopez
Faculty Scholarship
The theme of this symposium, "Reconstructing Motherhood," requires an examination of laws designed to further traditional motherhood roles. Societal constructs of motherhood-women as child bearers and nurturers-have profoundly affected women's involvement in paid employment. Conversely, women's participation in paid employment affects how women experience motherhood. For example, a woman who does not work outside the home has a dramatically different mothering experience than a woman who works outside the home and leaves her children with a day-care provider. The legal system can affect the relationship between motherhood and employment opportunities for women by means of employment laws and policies. Sometimes …
Limits On The State's Power To Confine 'Dangerous' Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Limits On The State's Power To Confine 'Dangerous' Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis
Faculty Scholarship
This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.
500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr
500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr
Faculty Scholarship
In 1992, the San Antonio Museum of Art hosted a panel which addressed a number of issues, including: what arts institutions can do to better represent the cultures of the communities they serve; what the United States is doing to protect Native American art and culture; what the international community is doing to address the flow of art and cultural objects across national boundaries; and what should be the plan to protect and to promote multiculturalism in the arts for the next 500 years. This article summarizes and highlights this event.