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Articles 1 - 30 of 57
Full-Text Articles in Law
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Faculty Scholarship
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Idealism And The Individual Woman: Reading Bessie Head's A Question Of Power, Paul J. Heald
Idealism And The Individual Woman: Reading Bessie Head's A Question Of Power, Paul J. Heald
Scholarly Works
In A Question of Power, South African exile Bessie Head graphically illustrates the relevance of gender difference to religion, political philosophy, and human rights. At first glance, the novel is a startling interior view of the psychosis that can result from constant alienation. The madness so painfully described, however, is portrayed as specific to women. And the road from madness -- the rejection of idealism, the rejection of universalism, and the rejection of power -- carries an important message to those seeking to understand the various feminist perspectives on human rights and spirituality. In Head's view, the recognition of …
Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson
Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson
Book Reviews
This obituary essay on the final book by the cultural critic Christopher Lasch appeared in the Times Literary Supplement in 1995. The essay examines Lasch's final work, The Revolt of the Elites, against the rest of his body of writing. In particular, it examines Lasch's populism and stance against the increasingly transnatonal elites loosely characterized as the New Class. It discusses Lasch's emphasis on the family as the locus of what remained a significantly Freudian cultural discourse, and examines the ways in which Lasch saw the family as being taken apart and then reassembled according to the mores of the …
Our Natural Selves, Kenneth Anderson
Our Natural Selves, Kenneth Anderson
Book Reviews
(Review of Luc Ferry, the New Ecological Order, and Michael Zimmerman, Contesting Earth's Future: Radical Ecology and Postmodernity)This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or merely …
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Magi Of The Great Salt Lake, Kenneth Anderson
The Magi Of The Great Salt Lake, Kenneth Anderson
Book Reviews
This 1995 Times Literary Supplement (London) review examines John L. Brooke's impressive The Refiner's Fire: The Making of Mormon Cosmology 1644-1844. Brooke argues against long prevailing scholarship that, on the one hand, views Mormon theology as genuinely American and, on the other hand, understands it purely functionally - without regard for its theological content, but instead as a function of social pressures on impoverished populations in upstate New York from whence came Joseph Smith. The former view is incorrect, Brooke says, because the roots of Mormon theology lie in Europe in gnostic and splinters of the "radical reformation" that lay …
Human Rights Environmentalism: Forging Common Ground, Gabriel Eckstein, Miriam Gitlin
Human Rights Environmentalism: Forging Common Ground, Gabriel Eckstein, Miriam Gitlin
Faculty Scholarship
Since the early 1970s, the international community has widely acknowledged the nexus between human rights and environmental protection. References to this association and even to a human right to some minimal quality of environment, can be found in numerous international instruments. The Stockholm Declaration on the Human Environment, for example, proclaims that human beings have the "fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being." Similarly, the Additional Protocol to the American Convention on Human Rights states that "everyone shall have the right to live …
Law And Literature Defining Itself, Paul J. Heald
Law And Literature Defining Itself, Paul J. Heald
Scholarly Works
Earlier this spring, the University of Chicago Law School convinced Martha Nussbaum, University Professor of Philosophy, Comparative Literature, and Classics at Brown University, to join its faculty to teach law and literature. At Michigan and Duke, James B. White and Stanley Fish have long held joint appointments in their respective law schools and English departments. What use can law schools possibly have for literary critics? Although over 60 law schools, including Georgia, currently offer a class in law and literature, the focus of this interdisciplinary enterprise remains somewhat fuzzy.
Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center
Betting On Open Space: The Great Outdoors Colorado Trust Fund, Will Shafroth, Rick Hum, University Of Colorado Boulder. Natural Resources Law Center
Betting on Open Space: The Great Outdoors Colorado Trust Fund (February 9)
17 pages.
Includes illustrations, maps, and biographical information for Will Shafroth and Rick Hum.
In 1992 Colorado voters approved the dedication of a portion of lottery proceeds to a trust fund for parks, wildlife, trails and open spaces. The fund will produce over $30 million during the next five years, and $35 million annually thereafter that will be dedicated to these purposes. Will Shafroth, Director, State Board of the Great Outdoors Colorado Trust Fund, will discuss the first 18 months of GOCO and future challenges. Rick Hum, Summit County Commissioner, will comment on the program from the perspective of local …
Medea And The Un-Man: Literary Guidance In The Determination Of Heinousness Under Maynard V. Cartwright, Paul J. Heald
Medea And The Un-Man: Literary Guidance In The Determination Of Heinousness Under Maynard V. Cartwright, Paul J. Heald
Scholarly Works
In particular, this Essay brings Dante, C.S. Lewis, and Euripides to bear on a discrete problem examined by the U.S. Supreme Court in Maynard v. Cartwright. Reading Dante's Inferno, Lewis's Perelandra, and Euripides's Medea provides guidance in responding to the Court's mandate that the state channel discretion in capital sentencing. Specifically, these works imply an ethical framework for determining what constitutes an "especially heinous, atrocious, or cruel" murder. Other literary texts are certainly relevant to Maynard. This Essay, however, is not an attempt to survey comprehensively and distill the insights provided by all relevant material, but rather …
Progressive Lawyering And Lost Traditions, Peter Margulies
Progressive Lawyering And Lost Traditions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
By Going Wrong All Things Come Right: Using Alternative Initiatives To Improve Citizen Lawmaking, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In this age of the sound byte, a simplified "yes-or-no" choice is an appealing solution to complex questions. Although computer logic is founded upon such yes-or-no binary choices, nothing can be achieved through a single yes-or-no alternate. Multiple choices must be made to achieve resolution. On a synthesizer, for example, producing a single note requires fifteen to twenty binary choices. The fabric of a complete song emerges only with a myriad of yes-or-no choices. Ballot initiatives provide voters with a simple yes-or-no choice to respond to issues that have myriad approaches.' To reflect the full tap- estry of majority preferences, …
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Religious Outlaws: Narratives Of Legality And The Politics Of Citizen Interpretation, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli
Scholarly Works
No abstract provided.
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Report On The Consultation With The Maritime School Of Social Work Community, Dianne Pothier
Dianne Pothier Collection
In my assessment there is a genuine and strong commitment to affirmative action and anti-racism at the MSSW. But that in itself is only the beginning. Real cross cultural understanding is a major challenge, and needs to be constantly worked at. In the process, mistakes will be made on all sides. Allowances need to be made for that. The School looks at itself compared to other institutions; critics look at the School compared to an ideal world. Neither perspective holds the complete truth. The MSSW needs to continue to work at the effectiveness of its affirmative action program, defining that …
The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle
The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire Oakes Finkelstein
Changing Notions Of State Agency In International Law: The Case Of Paul Touvier, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Same-Sex Sexual Harassment: Subverting The Heterosexist Paradigm Of The Title Vii, Carolyn Grose
Faculty Scholarship
This article argues that the proper starting point is to provide protection for gay men and lesbians against discrimination and harassment. Until there is such protection, any attempt to use Title VII to regulate same-sex sexual harassment will intensify the privileging of one kind of same-sex interaction over another: straight subordinates will be protected from gay supervisors, while gay subordinates will not be protected from straight supervisors. The result will be increased tolerance not for expressions of gay and lesbian sexuality, but for expressions of heterosexism and homophobia in the workplace. Part I of this article examines the development of …
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Finding Our Voices, Teaching Our Truth: Reflections On Legal Pedagogy And Asian American Identity, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico
Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico
Articles & Chapters
No abstract provided.
Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger
Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger
Faculty Scholarship
What does law tell us about our relations to material things? Property theorists maintain that there are no legal relations between persons and things. Things can be owned, transferred, bequeathed, assigned, repossessed, and so on, but such arrangements really describe relationships among different persons with regard to the object rather than relationships between persons and things.
Yet the quality or shape of the legal relations among persons often depends on the cultural meaning of the thing in question, a meaning (or meanings) that exists, in some form anyway, prior to or independent of, legal concepts traditionally attached to things such …
Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach
Should Taxpayers Pay People To Obey Environmental Laws?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Should taxpayers have to pay people not to put pollutants into streams and reservoirs? Should taxpayers have to pay people not to kill off entire species? Should taxpayers have to reach into their pockets and pay people not to disperse development seamlessly across the countryside, relentlessly consuming, fragmenting, and degrading our nation's remaining natural lands until almost all is gone? Should we, in short, have to pay people not to engage in land-uses that have been determined to be too socially unacceptable to allow?
On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon
On The Need For Asian American Narratives In Law: Ethnic Specimens, Native Informants, Storytelling And Silences, Margaret Chon
Faculty Articles
The race-ing process that leads to the "ethnic specimen" as well as to the resulting problems of the "native informant" deserves theoretical attention, for they affect how legal categories are constructed with respect to Asian Americans. This article attempts to expand on each of these phenomena. In part II, the author describes in more detail the concept of the "ethnic specimen" and in part III, the "native informant." Part III will also explore the various forms of silence, as well as other aspects of reticence the author and others have in the project of articulating an Asian American authentic native …
Book Review. Normative And Going Nowhere, Kevin D. Brown
Book Review. Normative And Going Nowhere, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Medical Futility And Disability Discrimination, Mary Crossley
Medical Futility And Disability Discrimination, Mary Crossley
Articles
The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and …
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
First And Last Chance: Looking For Lesbians In California's Fifties Bar Cases, Joan W. Howarth
Scholarly Works
Do all of us who choose members of our own sex as objects of desire and as sexual partners share some meaningful common identity, such as “homosexual,” “gay” or perhaps “queer”? The classifications “homosexual” and “gay” claim for themselves just that kind of inclusiveness; that is, that the gay world includes people of all races, all classes and any possible gender identity. You, me, James Baldwin, Gertrude Stein, J. Edgar Hoover: we are all gay together. In this way “homosexual” or “gay” is a generic term, like, for example, “human being.” But we know that the alleged inclusiveness masks just …
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Critical Race Theory And Proposition 187: The Racial Politics Of Immigration Law, Ruben J. Garcia
Scholarly Works
Immigration law and politics have been historically intertwined with racial prejudice. Many of those who have called for immigration restrictions have also sought an end to the racial and cultural diversity brought by immigrants. With the end of legally sanctioned race discrimination in the 1960s, immigration rhetoric has lost some of its overt racist overtones. However, in the 1990s, many politicians and lawmakers have emphasized the difference between “legal” and “illegal” immigration. This change begs a central question: Have the racist motivations of past immigration law and policy been completely displaced by a concern for law and order? This Comment …
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
Is Equal Access The Prescription For Equity?, Victor Sidel, Dorothy E. Roberts, Jennifer Dohrn, Kathy Anastos, Nitza Milagros Escalera, Peter Holland, Sylvia Kleinman, Sylvia Law, Jack O'Sullivan, Robert Padgug, Dennis Rivera, Beth Weitzman
All Faculty Scholarship
No abstract provided.
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick
All Faculty Scholarship
No abstract provided.