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Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom Apr 2003

Ideas, Artifacts, And Facilities: Information As A Common-Pool Resource, Charlotte Hess, Elinor Ostrom

Law and Contemporary Problems

No abstract provided.


The Secret History Of Race In The United States, Daniel J. Sharfstein Apr 2003

The Secret History Of Race In The United States, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

"Spencer v. Looney" was one of dozens of cases decided in the eras of slavery and segregation that hinged on the question of whether a plaintiff or defendant was white or black. During the past decade, legal historians have begun to excavate these bygone disputes, which involved wills, marriage and divorce, transportation, immigration and naturalization, and libel and slander. With few exceptions, two goals have motivated recent scholarship: proving that race is a social construction and showing how courts in the nineteenth and early twentieth centuries helped build America's racial infrastructure. This Essay presents a more complex picture of race …


Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez Mar 2003

Property And The Role Of Land-Based Cultural Heritage - Global And National - Welcome And Introduction., Placido G. Gomez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Lobato V. Taylor., Jeffrey A. Goldstein Mar 2003

Lobato V. Taylor., Jeffrey A. Goldstein

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Retrying Race, Anthony V. Alfieri Mar 2003

Retrying Race, Anthony V. Alfieri

Michigan Law Review

This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal meaning of that resurgent prosecution. My hope in pursuing this inquiry is to better understand, and perhaps begin to refashion, the prosecutor's redemptive role in cases of racial violence. Both descriptive and prescriptive in nature, the inquiry addresses race in relation to law and community. Grappling with …


Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder Mar 2003

Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.


Cultural Property Defined, And Redefined As Nietzschean Aphorism, Tatiana Flessas Mar 2003

Cultural Property Defined, And Redefined As Nietzschean Aphorism, Tatiana Flessas

Cardozo Law Review

No abstract provided.


Notes On The Clerical Body Of The Law, Lior Barshack Mar 2003

Notes On The Clerical Body Of The Law, Lior Barshack

Cardozo Law Review

No abstract provided.


Inside Unlv, Gian Galassi, Richard Jensen, Carol C. Harter, Kenneth E. Marks Feb 2003

Inside Unlv, Gian Galassi, Richard Jensen, Carol C. Harter, Kenneth E. Marks

Inside UNLV

No abstract provided.


"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan Feb 2003

"Discredited" And "Discreditable:" The Search For Political Identity By People With Psychiatric Diagnoses, Susan Stefan

William & Mary Law Review

No abstract provided.


"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song Feb 2003

"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song

William & Mary Law Review

No abstract provided.


Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola Feb 2003

Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola

William & Mary Bill of Rights Journal

No abstract provided.


Tolerance As Understanding, Jay Schiffman Jan 2003

Tolerance As Understanding, Jay Schiffman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Embryonic Discourse: Abortion, Stem Cells, And Cloning, Janet L. Dolgin Jan 2003

Embryonic Discourse: Abortion, Stem Cells, And Cloning, Janet L. Dolgin

Florida State University Law Review

No abstract provided.


The Ideological Context Of The Disability Rights Critique: Where Modernity And Tradition Meet, Janet Dolgin Jan 2003

The Ideological Context Of The Disability Rights Critique: Where Modernity And Tradition Meet, Janet Dolgin

Florida State University Law Review

No abstract provided.


Is Marriage Obsolete?, Lynn D. Wardle Jan 2003

Is Marriage Obsolete?, Lynn D. Wardle

Michigan Journal of Gender & Law

Is legal marriage obsolete? Wardle thinks not. In order to understand why not, it is necessary first to grasp the significance of the focus of the discussion on the legal status of marriage. As this Introduction suggests, lack of legal marriage status does not prevent families and communities from treating couples as married nor does the law forbid couples from voluntarily providing each other "marital benefits." Nevertheless, whether marriage is obsolete at the beginning of the twenty-first century is an important question. This article analyzes four dimensions of that question.


Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, The, Chai Rachel Feldblum Jan 2003

Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, The, Chai Rachel Feldblum

McGeorge Law Review

No abstract provided.


Introduction, Mary Crossley, Lois Shepherd Jan 2003

Introduction, Mary Crossley, Lois Shepherd

Florida State University Law Review

No abstract provided.


The University Of Michigan Law School Faculty, 2003-2004, University Of Michigan Law School Jan 2003

The University Of Michigan Law School Faculty, 2003-2004, University Of Michigan Law School

Miscellaneous Law School History & Publications

Biographies of University of Michigan Law School faculty.


The Evolution Of Animal Law Since 1950, Steven M. Wise Jan 2003

The Evolution Of Animal Law Since 1950, Steven M. Wise

State of the Animals 2003

Over the last half century, the law has assumed an increasingly important place in animal protection even as it has begun to point in the direction of true legal rights for at least some nonhuman animals. In this chapter I briefly discuss five aspects of the law: anti-cruelty statutes; the necessity of obtaining standing to litigate on behalf of the interests of nonhuman animals; evolving protections for great apes; the movement toward legal rights for at least some nonhuman animals; and the state of legal education concerning animal protection.


Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon Jan 2003

Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon

Scholarship Chronologically

This article makes a simple suggestion. Copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Copyright. When new artists make transformative use of existing works in settings not characterized by pre-use commercial negotiations, copyright should avoid imposing a distorting burden.


After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince Jan 2003

After Can-Spam, How States Can Stay Relevant In The Fight Against Unwanted Messages:How A Children's Protection Registry Can Be Effective And Is Not Preempted, Under The New Federal Anti-Spam Law, 22 J. Marshall J. Computer & Info. L. 29 (2003), Matthew B. Prince

UIC John Marshall Journal of Information Technology & Privacy Law

The recipe for success to combat unsolicited and unwanted e-mail, otherwise known as spam, has not yet been formulated by the thirty-six states that have tried by enacting their own versions of anti-spam laws. Only two state prosecutions were ever successfully brought against spammers, and only one was able to enforce its law against an out-of-state spammer. Now, on the federal level, with the passing of the CAN-SPAM act, which essentially rehashes what states have attempted to do, the failure to provide any significant measure of national success against spam seems likely. However, a careful reading of the language of …


Continuing Fictions Of Latin American Law, Jorge L. Esquirol Jan 2003

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.


Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell Jan 2003

Fear And Greed In Tax Policy: A Qualitative Research Agenda, Lee Anne Fennell, Christopher C. Fennell

Articles

No abstract provided.


La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal Jan 2003

La Bodega De La Familia: Supporting Parolees' Reintegration Within A Family Context, Jeanne Flavin, David Rosenthal

Fordham Urban Law Journal

This essay discusses how Family Justice and La Bodega de la Familia respond to the diverse challenges of reintegration post incarceration. It also discusses the benefits of a model of judicial supervision that recognizes individuals' social locations within their families and communities. With the goal of producing more effective and humane prisoner reintegration, especially in the context of drug offenses, the Authors recommend family case management. They additionally encourage parole and criminal justice practice to shift its focus from the individual parolee to families and their strengths.


Between Reality And Rhetoric: The Epistemic Schism In The Recognition Of Traditional Medicine In International Law, Chidi Oguamanam Jan 2003

Between Reality And Rhetoric: The Epistemic Schism In The Recognition Of Traditional Medicine In International Law, Chidi Oguamanam

St. Thomas Law Review

This article is divided into five parts. The foregoing Part I, a brief introduction, highlights a few contemporary policy issues in the discourse about TM in international law and public health arenas. It identifies the epistemic schism between TM and the allopathic system as being at the root of the grandiose policy of integrating TM into national health systems. Premised on a multi-juridical framework, Part II examines select international legal and quasi-legal instruments, and probes the extent to which they make provisions for the protection of TM. Part III evaluates the international policy regime on TM, specifically as championed by …


Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin Jan 2003

Theorizing Community Justice Through Community Courts, Jeffrey Fagan, Victoria Malkin

Fordham Urban Law Journal

This article reports on research conducted on the Red Hook Community Justice Center in Brooklyn, New York. It theorizes the structure and process of community justice, focusing on the model offered by community courts and examining how the Red Hook Community Justice Center's development and implementation are products of its immersion in the intersection of societal, spatial, and political dynamic within the Red Hook neighborhood. The article begins by reviewing the sociological perspectives that converge in the historical development of "community justice." It continues by setting forth a framework of social regulation and control that shapes the internal workings of …


Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz Jan 2003

Homeless Legal Advocacy: New Challenges And Directions For The Future, L. Hafetz

Fordham Urban Law Journal

This Article examines the role of lawyers for homeless people. It argues that while even the most zealous legal advocacy cannot alone solve homelessness, it remains an important tool because of the assistance it provides to individuals, its impact on broader legal rules, and its potential role in shaping public perception and debate. The Article also maintains that legal advocacy works best when combined with a holistic approach that addresses homeless clients' non-legal needs, such as housing placement, case management, medical and psychiatric care, job training, and substance abuse counseling. It further argues that, to the extent possible, lawyers for …


The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler Jan 2003

The Changing Purposes Of Criminal Punishment: A Retrospective On The Last Century And Some Thoughts About The Next, Albert Alschuler

Articles

No abstract provided.


The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt Jan 2003

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard E. Harcourt

Articles

No abstract provided.