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2003

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Articles 1 - 30 of 212

Full-Text Articles in Law

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko Dec 2003

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.


Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast Dec 2003

Diversity Matters: Race, Gender And Ethnicity In Legal Education., Nancy E. Dowd, Kenneth B. Nunn, Jane E. Pendergast

UF Law Faculty Publications

This Article presents more evidence of the inequality that persists in legal education for students. Based on a survey of University of Florida law students conducted in 2001, this study reaffirms the existence of differential experience and an inegalitarian culture in legal education. However, it also demonstrates the importance of diversity and the recognition by a significant majority of students of the value of race and gender pluralism. These competing findings provide a clear guide to the future direction of legal education.


Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu Dec 2003

The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu

Research Collection School Of Law

By 2030, Singapore's elderly will make up a staggering 19% of the population. With such a large proportion of people becoming old, it is timely to pay some attention to the broad spectrum of legal issues surrounding elder. Several sociological and statistical studies have been done on the elderly Singapore, yet relatively little has been written on the law relating to them. Much of the present legislation which directly or indirectly addresses problems of the elderly in Singapore relate to their financial arrangements. Examples of these are provisions relating to withdrawal of Central Provident Fund (CPF) monies and the ...


Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan Nov 2003

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.


Imposing Inequality On Law Schools, Kent Greenfield Nov 2003

Imposing Inequality On Law Schools, Kent Greenfield

Kent Greenfield

No abstract provided.


Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer Nov 2003

Too Close To The Rack And The Screw: Constitutional Constraints On Torture In The War On Terror, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice Nov 2003

Chicago Man, K-T Man, And The Future Of Behavioral Law And Economics, Robert A. Prentice

Vanderbilt Law Review

Most law is aimed at shaping human behavior, encouraging that which is good for society and discouraging that which is bad.' Nonetheless, for most of the history of our legal system, laws were passed, cases were decided, and academics pontificated about the law based on nothing more than common sense assumptions about how people make decisions. A quarter century or more ago, the law and economics movement replaced these common sense assumptions with a well-considered and expressly stated assumption-that man is a rational maximizer of his expected utilities. Based on this premise, law and economics has dominated interdisciplinary thought in ...


For And Against Marriage: A Revision, Anita Bernstein Nov 2003

For And Against Marriage: A Revision, Anita Bernstein

Michigan Law Review

When anthropologist Henry Sumner Maine issued his famous proclamation that modern legal development evolved "from Status to Contract," he used juridical categories to make a statement about progress. Voluntary relations now build the law, Maine declared. The alternative to voluntary relations - identity-based legal labels to decree what people may and may not do - must relocate to the dustbin of history. Only a backwater society would keep them. American legal change in the century-plus since Maine's death in 1888 gives credence to the claim that status inexorably yields to contract. At one level, newer developments refute the Maine thesis. "Stalkers ...


Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan Nov 2003

Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan

Research Collection School Of Law

The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.


Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman Oct 2003

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be


All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin Oct 2003

All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin

ExpressO

Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play ...


Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring Oct 2003

Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring

University of Pittsburgh School of Law Working Paper Series

This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes. The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their longterm well-being. Among other implications, this study may justify public child welfare decisionmakers ...


Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor Oct 2003

Racism As "The Nation's Crucial Sin": Theology And Derrick Bell , George H. Taylor

ExpressO

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell’s thesis of racism’s permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr’s paradox that social action is both ...


Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee(司法改革背景下的政法治理方式——基层政法委员会制度个案研究), Meng Hou Oct 2003

Political And Legal Governance Under The Judicial Reform: A Case Study On Basic-Level Political And Legal Committee(司法改革背景下的政法治理方式——基层政法委员会制度个案研究), Meng Hou

Hou Meng

No abstract provided.


Fall 2003 Oct 2003

Fall 2003

Bill of Particulars

No abstract provided.


Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt Oct 2003

Reconsidering The Mythical Advantages Of Cohabitation: Why Marriage Is More Efficient Than Cohabitation, Eric P. Voigt

Indiana Law Journal

No abstract provided.


The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone Oct 2003

The Cloudy Crystal Ball: Genetics, Child Abuse, And The Perils Of Predicting Behavior, Robert D. Stone

Vanderbilt Law Review

In the cinematic world of Minority Report, mankind stands on the brink of a society without murder. Police can see the future, predicting murders and arresting perpetrators before they act. This utopian system is the ultimate evolution in preventative policing because it offers perfect prediction; it does not show what people intend to do, only what they will do. Society accepts the incarceration of pre-murderers, people who have committed no crimes, because there is no such thing as the "wrongfully accused.' Is the ability to predict behavior only science fiction, or can a combination of genetic and environmental factors actually ...


A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau Oct 2003

A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau

Boston College Law School Faculty Papers

The current deterioration of the American economy is bringing new attention to the problem of poverty in the United States. After falling over the last few years, the number of Americans living in poverty has begun to rise once again. Notwithstanding the achievements of recent "welfare reforms," the American poor continue to be numerous by any measure.

Unfortunately, decades of affluence have exacerbated American tendencies to view liberal concepts such as freedom, autonomy, tolerance, and choice in ways that accentuate personal autonomy over community integration. These liberal values have been increasingly unhinged from strong countervailing principles like duty and responsibility ...


Media Representations Of September 11, Steven Chermak, Frankie Bailey, Michelle Brown Sep 2003

Media Representations Of September 11, Steven Chermak, Frankie Bailey, Michelle Brown

Michelle Brown

Each contributor to this volume offers a fresh, engaging perspective on how the media transformed the 9/11 crisis into an ideological tour de force. The terrorist attacks on September 11th were unique and unprecedented in many ways, but the day will stand in our memories particularly because of our ability to watch the spectacle unfold. The blazing towers crumbling into dust, black smoke rising from the Pentagon, the unrecognizable remains of a fourth airplane in a quiet Pennsylvania field—these images, while disturbing and surreal, provide an important vehicle for interdisciplinary dialogue within media studies, showing us how horrific ...


The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt Sep 2003

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.


Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright Sep 2003

Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright

ExpressO

The quality of criminal defense counsel desperately needs improving. The strategy this article explores is not a change in the legal standard governing ineffective assistance of counsel claims, or a change in the Supreme Court's reasoning, but something far more fundamental: money. I ask whether it is feasible to link the funding available for defense lawyers to the money that the government spends on prosecution lawyers - in other words, parity of resources.

For reasons described in this article, resource parity will probably not come from the courts, at least not if they act alone. Major funding changes like this ...


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


Interpersonal Dynamics, Joshua D. Rosenberg Sep 2003

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from ...


Norms, Rationality, And Communication: A Reputation Theory Of Social Norms, Andreas Engert Sep 2003

Norms, Rationality, And Communication: A Reputation Theory Of Social Norms, Andreas Engert

ExpressO

Does the discovery of "law and social norms" necessitate breaking with the rational choice paradigm? In this paper, I argue for an answer in the negative. To this end, I propose a reputation theory of social norms, which differs from other proposals in two principal respects: First, it explains norms without any assumption of behavioral constraints (like habit or conscience) and normative motivations (like altruism or aspiration to esteem). Second, it does even without any assumption regarding model-exogenous, private information that most other reputation and signaling explanations use (such as the discount rate in Eric Posner's signaling model).

Instead ...


The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron Sep 2003

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.


Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al Sep 2003

Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al

Horacio M. LYNCH

Esta investigación continúa y actualiza las propuestas e investigaciones de FORES sobre la Corte Suprema, originadas en el diagnóstico elaborado en las Conferencias sobre la Reforma Judicial de 1977 y 1978, y en los posteriores estudios “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por el Dr. Horacio M. Lynch. Complementa el reciente trabajo de éste “CAMBIOS EN LA CORTE SUPREMA - ENFOQUES DEL SIGLO XXI”, (LL 30Jul03 / V. ANEXO), y con otro anterior “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D- 719). Está concentrado en los ...


International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner Sep 2003

International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner

Buffalo Public Interest Law Journal

No abstract provided.


Medicare Meets Mephistopheles, David A. Hyman Sep 2003

Medicare Meets Mephistopheles, David A. Hyman

Washington and Lee Law Review

No abstract provided.


Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris Sep 2003

Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris

Washington and Lee Law Review

No abstract provided.