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Articles 6961 - 6990 of 10449
Full-Text Articles in Entire DC Network
Uzbekistan's Mahalla: From Soviet To Absolutist Residential Community Associations, Eric W. Sievers
Uzbekistan's Mahalla: From Soviet To Absolutist Residential Community Associations, Eric W. Sievers
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
Five Wars Of Globalization: Comment On The Grotius Lecture By Moisés Naím, Elizabeth Rindskopf Parker
Five Wars Of Globalization: Comment On The Grotius Lecture By Moisés Naím, Elizabeth Rindskopf Parker
American University International Law Review
No abstract provided.
Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan
Nothing Is Written: Fundamentalism, Revivalism, Reformism And The Fate Of Islamic Law, Hamid M. Khan
Michigan Journal of International Law
Part of any Muslim's effort to return to their religious past usually involves an invocation of Islamic law, or what has been termed the Shari'ah. This Note intends to cursorily examine Islamic law-where it was, and where it is going. More specifically, this Note will examine a growing fracture within the Islamic community and how a fissure among so-called fundamentalists will ultimately influence an understanding of Islamic law.
La Economia Politica De Violencia E Inseguridad En Las Fronteras De Kenia Del Norte: Una Perspectiva Dei Cubismo Social, Joshia Osamba
La Economia Politica De Violencia E Inseguridad En Las Fronteras De Kenia Del Norte: Una Perspectiva Dei Cubismo Social, Joshia Osamba
ILSA Journal of International & Comparative Law
Desde los afios ochenta, los conflictos y la violencia que implican comunidades pastorales en las fronteras de Kenia del Norte se han hecho end6micos.
Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott
Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott
ILSA Journal of International & Comparative Law
In recent years, there has been a steady stream of growing concern in nations throughout the world about police officers' use of excessive, brutal, and sometimes deadly force where circumstances do not warrant such actions.
Complexity As A Shock Absorder: The Belgian Social Cube, Neal Alan Carter
Complexity As A Shock Absorder: The Belgian Social Cube, Neal Alan Carter
ILSA Journal of International & Comparative Law
Throughout its history, Belgium has been a complex political and social entity. The King of the Belgians was told in an official report that 'there are no Belgians.'
Cross-Cultural Arbitration: Do The Differences Between Cultures Still Influence International Commercial Arbitration Despite Harmonization?, Lara M. Pair
ILSA Journal of International & Comparative Law
Imagine an International Commercial Arbitration hearing. Imagine how the procedure of your International Commercial Arbitration works.
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Human Rights Brief
No abstract provided.
The Globalization Of Jurisdiction, Paul Schiff Berman
The Globalization Of Jurisdiction, Paul Schiff Berman
GW Law Faculty Publications & Other Works
This Article begins by surveying the myriad ways that increasing globalization of communication, travel, and trade, and in particular the rise of the Internet, have forced judges and legal scholars to "adapt" traditional rules for legal jurisdiction to the new economic and social environment. For example, if a person posts content online that is legal where posted but illegal in some place where it is viewed, can that person be subject to suit in the far-off location? How should the International Shoe "minimum contacts" test account for online contacts? Is online activity sufficient to make one "present" in a jurisdiction …
The Cultural Life Of Capital Punishment: Surveying The Benefits Of A Cultural Analysis Of Law, Reviewing Austin Sarat, 'When The State Kills: Capital Punishment And The American Condition', Paul Schiff Berman
GW Law Faculty Publications & Other Works
Austin Sarat's 'When the State Kills' seeks to explore the interrelationship between capital punishment and American culture. Utilizing scholarly approaches drawn from sociology, literary criticism, cultural studies, and political science, Sarat illuminates the ways in which the official legal regime of capital punishment creates, reflects, and reinforces broader cultural attitudes about crime and punishment. Moreover, he argues that the destructive long-term cultural consequences of the death penalty provide a reason for abolition over and above any criminological or doctrinal arguments against the practice.
Thus, 'When the State Kills' not only offers a powerful intervention in the ongoing death penalty debate, …
Suppose It's Not True: Challenging Mediation Ideology, Deborah R. Hensler
Suppose It's Not True: Challenging Mediation Ideology, Deborah R. Hensler
Journal of Dispute Resolution
Across the country, people who file lawsuits are being diverted from adjudication to mediation. Whereas once mediation was seen as the preferred means of resolving family disputes (especially those involving child custody), now it is mandated for a broad range of civil disputes. Whereas once citizens were called upon to volunteer as mediators in community justice centers outside the courts, now mediation is a line of business for lawyers whose customers are sent to them by the courts. Whereas once dispute resolution theorists called on courts to provide a variety of procedural choices for civil disputants, now courts order litigants …
Before And After: The Changed Un Response To Terrorism Since September 11th, Nicholas Rostow
Before And After: The Changed Un Response To Terrorism Since September 11th, Nicholas Rostow
Cornell International Law Journal
No abstract provided.
Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz
Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz
Marquette Law Review
No abstract provided.
Outrage Leary Lecture, Cass R. Sunstein
Natural Law And Public Reasons, Kent Greenawalt
Natural Law And Public Reasons, Kent Greenawalt
Villanova Law Review (1956 - )
No abstract provided.
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt
Maryland Law Review
No abstract provided.
Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard
Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard
Faculty Publications
This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.
Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer
Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer
University of Colorado Law Review
No abstract provided.
Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth
Executing White Masculinities: Lessons From Karla Faye Tucker, Joan W. Howarth
Scholarly Works
Gender is a constant struggle. Throughout our lives, we contend with multiple unstable and oppositional social constructions of gender, or hierarchies of masculinities and femininities. Knowing, or trying to know, who is male and who is female, and how men and women should act, is a major part of the structure of our identities, our societies, and our democracy. These gender questions are not separate from race or class; together for example, they shape what is expected of a poor young White man or a middle-class, African American grandmother. Racialized and class-based, gender helps to tell us who is frightening, …
Feminist Legal Writing, Kathryn M. Stanchi
Feminist Legal Writing, Kathryn M. Stanchi
Scholarly Works
To lay the groundwork for the exploration of feminist legal writing, this Article first summarizes the traditions and conventions of persuasion and persuasive writing-how they are characterized in law and how they are taught in law school. It then summarizes a type of language in linguistic theory called "antilanguage," which is language created by groups in society that are outcasts or otherwise excluded from the dominant social class to rebel against the dominant class. Analyzing several pieces of feminist legal scholarship that use unconventional writing techniques, this Article identifies a type of feminist legal antilanguage. This feminist legal antilanguage uses …
Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu
Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu
The Scholar: St. Mary's Law Review on Race and Social Justice
Infanticide is the most prevalent violent crime committed by women and has occurred throughout history for various reasons including sacrifice, birth control, eugenics, shame, and fear of punishment for adultery. Postpartum mood disorders have been recognized as a legitimate mental illness since the fourth century, and approximately fifty to eighty percent of new mothers experience some degree of depression after giving birth. Postpartum depression can progress into psychosis so quickly that new mothers may not even notice impairment of thinking skills. Defendants face many problems when using postpartum psychosis as a defense. One of the challenges of presenting postpartum psychosis …
Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary Patricia Byrn
Same-Sex Marriage In South Africa: A Constitutional Possibility, Mary Patricia Byrn
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Natural Law And Public Reasons, Kent Greenawalt
Natural Law And Public Reasons, Kent Greenawalt
Faculty Scholarship
In this Lecture I shall discuss the reasons that officials and citizens should rely upon in American politics. In recent years, various theorists have claimed that people in liberal democracies should rely in politics on "public reasons," reasons that are accessible to all citizens. Others have objected that such a counsel is unreasonable, if not incomprehensible. I shall concentrate on two facets of this issue. First, does the law exemplify a structure of public reasons – that is, do judges deciding cases draw on a stock of public reasons that is narrower than all the reasons one might give for …
Is The Republic Circling The Drain?, W. Taylor Reveley Iii
Is The Republic Circling The Drain?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith
Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith
Washington and Lee Law Review
No abstract provided.
The Life Of The Law - A Moving Story, Laura Nader
The Life Of The Law - A Moving Story, Laura Nader
Valparaiso University Law Review
No abstract provided.
Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei
Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei
Faculty Scholarship
No abstract provided.
Mixed Signals: Rational-Choice Theories Of Social Norms And The Pragmatics Of Explanation, W. Bradley Wendel
Mixed Signals: Rational-Choice Theories Of Social Norms And The Pragmatics Of Explanation, W. Bradley Wendel
Indiana Law Journal
No abstract provided.
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
The Movement Toward Federalism In Italy: A Policy-Oriented Perspective, Siegfried Wiessner
St. Thomas Law Review
No abstract provided.
Reconciling African Customary Law And Human Rights In Kenya: Making A Case For Institutional Reformation And Revitalization Of Customary Adjudication Processes, Laurence Juma
St. Thomas Law Review
African Customary Law is the totality of norms comprised of what has variously been described as "native law," "native customary law," "primitive law," "folk law," "informal law," "non state law," "indigenous law" and even "tribal law." The nomenclature conceptualizes the perception of customary law as being inferior to other laws within a legal system.' It also affirms the distinctiveness with which African Customary Law has been regarded, while evaluating the response of African legal polities to normative developments in the international arena. This form of isolation of African Customary Law has obscured its dynamism, shackled its potential as a possible …