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

Law Commons

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

Articles 1 - 7 of 7

Full-Text Articles in Law

Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez Jun 2004

Intertribal Conflicts And Customary Law Regimes In North Africa: A Comparison Of Haratine And Ait 'Atta Indigenous Legal Systems, Anna Martinez

Student Thesis Honors (1996-2008)

Although the Haratin live throughout North Africa, this paper focuses specifically upon the Haratin of the Tafilalt Oasis region of southern Morocco. Section one is devoted to the social history of the Haratin in order to 'locate' their position in modem Moroccan society. In particular, this section examines the multi-dimensional aspects of their identity, including the process of naming, and the exclusion of their indigenous identity by the majority of Moroccans. This section also scrutinizes the affect of race and class on the formation of Haratin identity. Section II discusses the Ait 'Atta Berber tribe's customary law and their political …


Sunshine In Cyberspace? Electronic Deliberation And The Reach Of Open Meeting Laws, Stephen Schaeffer Mar 2004

Sunshine In Cyberspace? Electronic Deliberation And The Reach Of Open Meeting Laws, Stephen Schaeffer

Saint Louis University Law Journal

No abstract provided.


The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic Jan 2004

The Ada: A Model For Europe With "Sharper Teeth?", Carol Daughterty Rasnic

ILSA Journal of International & Comparative Law

I wish ... for the passionate sense of the potential, for the eye which... sees the possible.... Soren Kierkegaard, 19th century Danish philosopher


Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen Jan 2004

Congress, Public Values, And The Financing Of Private Choice, Mary L. Heen

Law Faculty Publications

This Article examines the financing dimension of private choice, with a focus on Congress’s taxing and spending decision-making processes. The Article begins with an overview of the financing and performance dimensions of privatization decisions, followed by an analysis of how taxation relates to both dimensions. Private choice can be financed individually, that is, paid for by an individual’s own resources, facilitated by general tax reduction. Alternatively, private choice can be financed collectively by using tax revenues (or borrowed funds) to pay for privately provided goods and services. The tendency in political debate to conflate those two forms of financing, as …


Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal Jan 2004

Making The Right Gamble: The Odds On Probable Cause, Ronald J. Bacigal

Law Faculty Publications

Again, is there probable cause to detain, arrest or search each passenger? Is there probable cause to search each passenger's luggage, their autos parked at the airport and their residences? This article seeks the answer to the hypotheticals in sources ranging from the judiciary's own pronouncements on probable cause to linguistics, history mathematics and cognitive psychology.


An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately Jan 2004

An Exploration Of The Impact Of The Family Court Process On 'Invisible' Stepparents, Natalie Gately

Theses : Honours

The increase of divorce in Australia is creating a social phenomenon for family researchers. Many families resolve disputes regarding children in the Family Courts, however due to the protracted litigation process many partners will have repartnered. Little is understood about how bureaucratic systems impact upon the experience of stepparents. These decisions might very well impact on the stepparents own new lifestyle and relationship, placing an additional burden on themselves and the stepfamily. The purpose of this review is to explore the literature pertaining to the issues surrounding repartnering and the Family Court process in order to illustrate how this invisibility …


The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Poverty, John Valery White Jan 2004

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Poverty, John Valery White

Scholarly Works

Underlying most debates of racial inequality is the tacit reference to the Immigrant Tale, a story of “natural” class ascension of immigrant groups in the “land of opportunity.” This tale is affirming, celebrating the assimilation of ethnic immigrants in the American “melting pot.” It is also optimistic, implying social integration and economic parity of currently dissipated immigrant communities. “Its thrust is to defend the individualistic view of the American system because it portrays the system as open to those who are willing to work hard and pull themselves over barriers of poverty and discrimination.”

But there is an unsavory element …