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When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

UF Law Faculty Publications

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn

UF Law Faculty Publications

In this Article, I will focus on the treatment of African American children as the "other" in the juvenile justice system. As previously stated, African American children are not the only ones who may be treated as the "other." Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. My concern here, however, is with African American children. I focus on their condition because I believe it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, …

Out Of The Shadows: Traversing The Imaginary Of Sameness, Difference, And Relationalism - A Human Rights Proposal, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work seeks to develop a methodology that serves a women's anti-subordination project. To achieve this goal, Part II sets out the theoretical background of feminist theory (II.A) and three waves of feminism (II.B). Part II.C articulates the feminist revelations about law these analytical frameworks have engendered.

This project sets out to craft a methodology that can assist the goal of full personhood for women. Women's full personhood is a substantive concept that, as detailed in Part III, I ground on international human rights notions of fundamental rights - rights that we have, or ought to have, because we are …

Taking Its Toll: Partisan Judging And Judicial Review, Jeff Broadwater

The Journal of Appellate Practice and Process

No abstract provided.

The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder

Journal of Legal Education

No abstract provided.

Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes

Journal of Legal Education

No abstract provided.

Bijuralism In Law's Empire And In Law's Cosmos, Nicholas Kasirer

Journal of Legal Education

No abstract provided.

On A Theme By René David: Comparative Law As Technique Indispensable, Michael Mcauley

Journal of Legal Education

No abstract provided.

Introduction: Global Law And The Law School Curriculum, John J. Costonis

Journal of Legal Education

No abstract provided.

Sectarian Reflections On Lawyers' Ethics And Death-Row Volunteers, Richard W. Garnett

Journal Articles

What should lawyers think about and respond to death-row volunteers? When a defendant accused of a capital crime attempts to plead guilty, or instructs his lawyer not to present a particular defense; when a convicted killer refuses to permit the introduction of potentially life-saving mitigating evidence - or even urges the jury to impose a death sentence - at the sentencing phase of a death-eligible case; when a condemned inmate refuses to file, or to appeal the denial of, habeas corpus and other post-conviction petitions for relief; when he elects not to object to a particular capital-punishment method, to call …

Amusing Monsters, Anthony Paul Farley

Cardozo Law Review

No abstract provided.

An Overview Of The Symposium, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

By design, this conference was constructed to brainstorm about the connection of governance, ethics, and peace. To that end, the conference and these papers were a success. As a novel question, however, we are far from providing a definitive answer to exactly what should be done to foster the connection and, more basically, exactly what the connection looks like. One can, however, identify three general themes emanating from the conference that provide a sense for the opportunities of future research.

First, there is a public policy dimension. Corporations gain their authority through state action and the duties of fiduciaries of …

The Role Of The Corporation In Fostering Sustainable Peace, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

This Article demonstrates that there is a plausible, conceptual relationship among corporate governance, business ethics, and sustainable peace. First, the Authors begin by outlining the benefits of and protests against globalization and the reciprocal benefits between geopolitical entities and economic activity. The Article then details specific historical events that foreshadow patterns in the relationship between business and sustainable peace. In looking more closely at those patterns, the Authors argue that through economic progress and mitigation of rivalries in the workplace, multinational corporations can contribute to sustainable peace. Thus, if this argument is correct, the stakes increase dramatically for corporations to …

Scientific, Technical, And Forensic Evidence, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Scientific, Technical, and Forensic Evidence held by UK/CLE in February 2002.

Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

Mirando A Traves De Un Cristal Oscuramente: Aplicando Los Lentes Del Cubism Social Al Conflicto De Policia-Minoria En America, K. Michelle Scott

ILSA Journal of International & Comparative Law

En los tiltimos afios, ha habido una corriente continua de preocupaci6n e inter6s creciente en las naciones del mundo sobre el empleo por parte de las autoridades de fuerza excesiva y brutal, a veces mortal donde las circumstancias no garantizan tales acciones.

The Tragicomedy Of The Public Domain In Intellectual Property Law, Samuel Oddi

UC Law SF Communications and Entertainment Journal

As the overall amount of protected and protectable subject matter expands, duration of protection grows longer, and overlap between types of protection increases, constituencies who rely upon intellectual subject matter as stimuli for the creative process grow concerned about incursions of the private domain into the public. This Article explores the relationship between the public domain as a source of sensory stimuli, the creative process as a generator of ideas, and the interaction among the public and private domains and the intellectual process - both in a "state of nature" and under the protections of an intellectual property system - …

Resource Law Notes Newsletter, No. 53, Winter, Feb. 2002, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Classes Of 2002-2003, North Carolina Central School Of Law

Class Profiles

No abstract provided.

Corporate Governance Convergence: Lessons From Australia, Brian R. Cheffins

Global Business & Development Law Journal

No abstract provided.

Rio+10: Indigenous Peoples, Transnational Corporations, And Sustainable Development In Amazonia, Judith Kimerling

Publications and Research

No abstract provided.

Skin And Bones: Post-Mortem Markets In Human Tissue, R. Alta Charo

Nova Law Review

No abstract provided.

Grouping Towards Utopia: Capitalism, Public Policy, And Rawls' Theory Of Justice, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Law Talk: Speaking, Writing, And Entering The Discourse Of Law, Susan L. Dejarnatt

Duquesne Law Review

The author suggests talking about the legal writing process with first-year legal research and writing students, as they are learning and actively writing, and advocates for students' experiencing "being the audience" of legal writing, as part of their education. This Article reviews three academic schools of thought regarding the relationship between speech and writing. This Article argues for change in the typical legal writing pedagogy, meaning more student interaction and teacher intervention, to effectively enable students to engage in discourse communities of law.

Let 'The Fundamental Things Apply': Necessary And Contingent Truths In Legal Scholarship, Richard A. Epstein

Articles

No abstract provided.

Measured Interpretation: Introducing The Method Of Correspondence Analysis To Legal Studies, Bernard E. Harcourt

Articles

Professor Harcourt develops and advocates a method to more rigorously measure and evaluate how qualitative "social meaning" variables relate to legal practices and public policies. The method integrates in-depth qualitative interviews with an experimental free associational component, map analysis of the interviews, and a methodology, correspondence analysis, that remains little known in the United States despite its acceptance in other parts of the world. Correspondence analysis, according to Professor Harcourt, is a tool that allows researchers to visually represent the relationship between structures of social meaning and the contexts and practices within which they are embedded. This method opens up …

Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter

ILSA Journal of International & Comparative Law

En toda su historia, B61gica ha sido una entidad compleja politicamente y socialmente.

Building The World Community: Challenges To Legal Education And The Wcl Experience, Claudio Grossman

American University International Law Review

No abstract provided.

The Logician Versus The Linguist- An Empirical Tale Of Functional Discrimination In The Legal Academy, Andrea Kayne Kaufman

Michigan Journal of Gender & Law

This paper, focusing exclusively on gender, asks whether male and female law students express different preferences for logic-based learning models. A wide variety of educational theories and other theories have been used to conceptualize different learning preferences among law students but until now, none has focused on logical intelligence compared with the other intelligences. Using Harvard educational psychologist Howard Gardner's theory of Multiple Intelligences, this paper describes an empirical study establishing that male and female law students express differences in preferring logical intelligence over the other intelligences. This paper introduces the concept of "functional discrimination," addressing the ways in which …