Digital Commons Network^™

An Institutional Analysis Of Lawyer Regulation: Who Should Control Lawyer Regulation - Courts, Legislatures, Or The Market, Benjamin H. Barton

Scholarly Works

No abstract provided.

Variety In U.S. Kinship Practices, Substantive Due Process Analysis And The Right To Marry, C. Quince Hopkins

Brigham Young University Journal of Public Law

No abstract provided.

Faith And Obligation, Or What Makes Sandy Sweat, Frank I. Michelman

Tulsa Law Review

No abstract provided.

Anthropology & Law, James M. Donovan, H. Edwin Anderson

Law Faculty Books and Chapters

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.

Inside Unlv, Gian Galassi, Carol C. Harter, Gene Hall

Inside UNLV

No abstract provided.

World Heritage In Danger In The Hotspots, John Charles Kunich

Indiana Law Journal

No abstract provided.

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.

Idolatry And Faith: The Jurisprudence Of Sanford Levinson, Jack M. Balkin

Tulsa Law Review

No abstract provided.

Promise, Prayer, And Identity, Sherman J. Clark

Tulsa Law Review

No abstract provided.

Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh

Cardozo Journal of International and Comparative Law

The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.

Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais

Cardozo Journal of International and Comparative Law

The article examines the legal protection of sacred intangible traditional knowledge (TK), arguing that current intellectual property (IP) frameworks fail to adequately address the unique spiritual and cultural significance of such knowledge. It advocates for the recognition of collective or communal ownership of sacred TK, proposing adaptations to IP law to better respect and protect the rights of indigenous peoples. The analysis emphasizes the need for legal reforms that balance cultural preservation with the limitations of existing IP systems.

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

Digital Propertization Of The New Artifacts: The Application Of Technologies For "Soft" Representations Of The Physical And Metaphysical, Mark Perry

Cardozo Journal of International and Comparative Law

The article explores how digital technology is revolutionizing the representation and ownership of artifacts, complicating traditional notions of intellectual property and cultural preservation. It argues that high-quality digital reproductions, such as MP3 files and digital images, challenge existing legal frameworks, highlighting the need for more flexible and culturally sensitive approaches to intellectual property rights.

The Rights Of Parents With Children In Foster Care: Removals Arising From Economic Hardship And The Predicative Power Of Race, Ann Cammett, Megan Mclaughlin, Martin Guggenheim, Sharonne Salaam, Nanette Schorr

City University of New York Law Review

The following symposium at the Association of the Bar of the City of New York explores the predicament posed by the surge of child removals through neglect petitions, and the subsequent placement of those children in foster care. The panel, whose comments are published here, offer some poignant reflections on the crisis of the child welfare system.

Context And Pretext In Conflict Resolution, Kevin Avruch

Journal of Dispute Resolution

In this essay, I want to reflect on some of the problems raised by context and pretext from a different angle. I want to first consider some aspects of the varied contexts in which conflict resolution and alternative dispute resolution (ADR) developed in the United States, particularly in the academy. Historically, there have been some differences between the two, partly evident in the different meanings of the notion of "dispute" adopted by theorists and practitioners. I then want to examine some of the underlying pretexts for doing this work, and some possible consequences-especially as we more frequently engage in the …

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Journal of Dispute Resolution

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11, 2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to …

From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt

Law and Contemporary Problems

Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.

Spiritual But Not Intellectual? The Protection Of Sacred Intangible Traditional Knowledge, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The use of sacred aboriginal art is nothing new. It is fairly common to see dream catchers hanging from rear view mirrors in cars. In Australia, sacred aboriginal designs are often found on tea towels, rugs and restaurant placemats. In the United States, people routinely Commercialize Navajo rugs containing both sacred and profane designs with no connection to the Navajo nation. Millions of dollars of Indian crafts imported from Asia are sold in the United States each year. Another example is the taking of sacred Ami chants by the German rock group Enigma for its song Return to Innocence. Can …

Ruminations On Terrorism & Anti-Terrorism Law & Literature, Christopher L. Blakesley

University of Miami Law Review

No abstract provided.

Defining Traditional Knowledge - Lessons From Cultural Property, Sarah Harding

Cardozo Journal of International and Comparative Law

The article critiques the assumptions embedded in the terms "traditional" and "cultural" when applied to the property and knowledge of indigenous peoples, particularly Native Americans. It argues that these terms often reflect Western notions of authenticity, collectivity, and inalienability, which may not fully align with the lived experiences and evolving cultural practices of indigenous communities. The analysis emphasizes the need for flexibility in defining cultural property and traditional knowledge, as these concepts are shaped by historical colonization, sovereignty struggles, and contemporary political dynamics.

Not Thinking Like A Nonlawyer: Implications Of "Recogonization" For Legal Education, Robert J. Morris

Journal of Legal Education

No abstract provided.

Many Birds, One Stone: Teaching The Law You Love, In Legal Writing Class, Susan P. Liemer

Journal of Legal Education

No abstract provided.

Homeland Security Policy: Deportment On Deportation, Ibpp Editor

International Bulletin of Political Psychology

This article provides commentary on the appropriateness of deporting illegal aliens in support of homeland security policy.

Law And Cultural Conflict, Robert Post

Chicago-Kent Law Review

The relationship between law and cultural conflict is a subject that is relevant to numerous contemporary disagreements about the substance of rights. The Article does not attempt to intervene into these disagreements, but instead to construct a common framework of analysis that might facilitate constructive dialogue among those who would otherwise disagree. The framework offers three dimensions in which the relationship of law to cultural conflict might be assessed.

The first dimension concerns the sociological relationship between law and culture. The simplest model of this relationship, which the Article calls the "Devlin model," assumes that law is the expression of …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

158th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

158th University of Notre Dame Commencement and Mass Program including Law School awards

Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Meditating Comparisons, Or The Question Of Comparative Law, Igor Stramignoni

San Diego International Law Journal

Many today claim that, after WWII, the fall of the Berlin wall and, now, September 11, 2001, the changing nature of nation states, democracy, and the law can no longer be sensibly ignored. How can comparative law contribute to such an important debate? In what follows, it is argued that one way to contribute to the debate over the changing nature of nation states, democracy, and the law would be to engage in poetic comparisons of law's many domains. What, then, are poetic comparisons of law, and what do they invite us to do? Learning from Martin Heidegger's life-long advocacy …

Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem

San Diego International Law Journal

This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …

Reconstructing The Public Square, Robert Justin Lipkin

Cardozo Law Review

No abstract provided.