Digital Commons Network^™

Public Policy And The Tyranny Of The Bottom Line In The Termination Of Older Workers, Judith D. Fischer

South Carolina Law Review

No abstract provided.

Preserving Monumental Landscaptes Under The Antiquities Act, Christine A. Klein

Cornell Law Review

No abstract provided.

Sexual Ethics And Postmodernism In Gay Rights Philosophy, Carlos A. Ball

North Carolina Law Review

No abstract provided.

Kadic V. Karadzic - Rape As A Crime Against Women As A Class, Rumna Chowdhury

Minnesota Journal of Law & Inequality

No abstract provided.

Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

Articles

Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

Protestant Perspectives On Informed Consent (Particularly In Research Involving Human Participants), James F. Childress

Fordham Urban Law Journal

This Article examines Protestant positions on informed consent/refusal regarding the use of human subjects in research. Primarily focusing on the work of Paul Ramsey, a Protestant scholar in science and ethics, the article describes the relationship between the God-man covenant and man-to-man covenants and the consequences thereof. Exploring the line between what Ramsey calls "charity" and "justice," the article finds differences between therapeutic and nontherapeutic research and who may participate with or without consent.

Informed Consent Without Autonomy, Daniel P. Sulmasy

Fordham Urban Law Journal

This Essay explains why and how the Roman Catholic basis for informed consent is different from the secular basis. It argues that the Catholic basis, which is rooted in "natural law," is the better model for society to adopt. The author explains that the secular view is rooted in the belief that patient autonomy must never be violated but the Catholic view is based on human dignity, which simply requires doctors to allow patients to exercise their free will within moral limits. This view allows doctors to override patients' decisions if those decisions are morally wrong or irrational.

Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil

Articles & Book Chapters

Aboriginal title to land, as defined by the courts, has a number of sui generis aspects. Prominent among these is its inalienability, other than by surrender to the Crown. Two explanations are usually given for this: the need to protect Aboriginal peoples from exploitation by unscrupulous European settlers, and the incapacity of the settlers to obtain title to land otherwise than by Crown grant. While acknowledging that the need for protection of Aboriginal lands was important historically, this article argues that it is paternalistic to rely on this explanation for inalienability today. The incapacity of settlers is a more satisfactory …

The Demsetz Thesis And The Evolution Of Property Rights, Thomas W. Merrill

Faculty Scholarship

Both conventional price theory and standard economic accounts of tort and contract law assume fixed property rights. In fact, however, property regimes are not static but change over time. Given the assumption of fixed property that otherwise prevails in economic literature, explaining the evolution of property rights is one of the great challenges for the economic analysis of law.

The point of departure for virtually all efforts to explain changes in property rights is Harold Demsetz’s path‐breaking article, “Toward a Theory of Property Rights.” The article is still widely cited and reproduced, especially in first‐year property courses in law schools. …

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

Articles

I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

Gender, Genes, And Choice: A Comparative Look At Feminism, Evolution, And Economics, Katharine K. Baker

North Carolina Law Review

No abstract provided.

A Theory Of Imperial Law: A Study On U.S. Hegemony And The Latin Resistance, Ugo Mattei

Faculty Scholarship

No abstract provided.

The Multinational And The "New Stakeholder": Examining The Business Case For Human Rights, Scott Greathead

Vanderbilt Journal of Transnational Law

Business managers who ignore these realities--the concerns of these new corporate stakeholders--do so at the risk of their company's brand and their own careers. These are just a few examples of the new stakeholders of multinational corporations--workers, consumers, investors, indigenous peoples, non-governmental organizations (NGOs), and the media...

The concerns of these new stakeholders embrace human rights. It is a much broader concept of human rights, however, than the civil and political rights that used to dominate the agenda. Former concerns centered on freedom from arbitrary arrest, detentions, and other due process rights, freedom of speech and association, and governmental abuses …

Copyright Issues In Online Courses: Ownership, Authorship And Conflict, Roberta Kwall

Santa Clara High Technology Law Journal

No abstract provided.

Disability, Doctors And Dollars: Distinguishing The Three Faces Of Reasonable Accommodation, Elizabeth Pendo

All Faculty Scholarship

Despite a decade of litigation, there is no consistent understanding of the reasonable accommodation requirement of Title I of the Americans with Disabilities Act of 1990 (the 'ADA'). Indeed, there are three inconsistent distributive outcomes that appear to comport with the reasonable accommodation requirement: cost-shifting, cost-sharing, and cost-avoidance.

One reason for such inconsistent outcomes is a failure to develop a coherent and consistent theory of disability. Because disability has been and continues to be medicalized, this Article takes a fresh look at the medical literature on health, illness, and disability. It recommends the use of the experiential health model over …

Should I Have Learned To Cook? Interviews With Women Lawyers Juggling Multiple Roles, Jackie Slotkin

Faculty Scholarship

No abstract provided.

Why The Injection Of Race In Saldano V. State Constitutes Fundamental Error, Diana L. Hoermann

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

This article examines the historical use of a person’s race in the legal system, more specifically in criminal cases. Race should not determine the quality of justice an individual receives. An enlightened criminal justice system would not allow race to determine a person’s fate. However, the Texas criminal justice system allows the consideration of a person’s race in determining whether that person should receive the death penalty. In Victor Hugo Saldano v. The State of Texas, an unpublished opinion, the Texas Criminal Court of Appeals upheld the imposition of the death penalty where the jury heard an expert witness claim …

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

Faculty Scholarship

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 …

Legislative History, Initiatives, And Bill Tracking, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Introduction
• How a Bill Becomes a Law
• The Process of Researching Legislative History in Washington
• Sources of Legislative History Documents
• Researching Initiatives and Referenda
• Legislative Bill Tracking
• Tips on Using the Legislature's Search Feature

Appendix: Acronyms And Abbreviations, Cheryl Rae Nyberg

Librarians' Chapters in Books

Acronyms and abbreviations that are used throughout this book and that are found in Washington and other legal materials are listed below, along with the full names or titles they represent. The list includes publications (the full titles are printed in italics); bar associations and legal organizations; U.S. and Washington agencies, boards, commissions, and departments; legal terms; court rules; statutes; and electronic databases and services. This list is representative, not comprehensive.

Local Government Law, Mary Ann Hyatt

Librarians' Chapters in Books

• Introduction and General Texts on Local Government Law
• Secondary Sources
• Public Records
• Primary Sources: Legislative
• Primary Sources: Administrative
• Washington City Codes
• Washington County Codes
• Library and Office Directory

Administrative Decisions And Materials, Cheryl Rae Nyberg

Librarians' Chapters in Books

• Introduction
• Administrative Agencies' Functions and Procedures
• Multi-Agency Sources of Administrative Decisions
• Agency-Specific Sources
• Databases
• Administrative Agency Decisions at a Glance

How To Use A Law Library, Ann Hemmens

Librarians' Chapters in Books

• The Basics of a Law Library
• Services
• Collection Organization
• Locating Items in the Collection
• Online Searching
• Everything Is Online, Right?
• Law Libraries in Washington State
• Library of Congress Call Numbers

Managing Your Library, Jonathan A. Franklin

Librarians' Chapters in Books

• Managing Your Library
• Hiring a Librarian
• Selecting Materials
• Managing Your Library: A Selected Bibliography
• Library Support Services in King County
• Document Delivery Services
• Legal Publishers and Distributors: A Selected List of Washington, Oregon, and Idaho Legal Publishers
• Publishers of Current Washington Legal Periodicals

Fundamentals Of Legal Research In Washington, Mary Whisner

Librarians' Chapters in Books

• Introduction
• Secondary Sources
• Statutes
• City and County Codes
• Administrative Regulations
• Case Law
• Case Finding Tools
• Attorney General Opinions
• Citator Services
• Citation Format
• Washington Courts Style Sheet

Nonlegal Resources, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Introduction
• Finding People, Organizations, Agencies, and Corporations
• Finding Factual Information
• Writing Resources

Washington Practice Materials, Nancy Mcmurrer

Librarians' Chapters in Books

• Introduction
• Encyclopedic Sources
• Subject-Specific Resources
• Litigation Aids
• Ethics Opinions
• Directories
• Current Awareness: Bar Publications and Legal Newspapers
• Subject List of Practice Resources

Historical And Archival Sources, Cheryl Rae Nyberg, Ann Hemmens

Librarians' Chapters in Books

• Introduction
• Statehood History
• Constitutions and Constitutional Conventions
• Territorial Session Laws and Codes
• Territorial Legislative Assembly
• Territorial and Early State Courts
• Territorial Governors and Gubernatorial Archives
• Agency Documents and Archives
• Other Sources on Washington Government and Legal history
• Washington State Archives
• Unique Collections
• Selected Online Resources

Indian Law Research In Washington, Penny A. Hazelton

Chapters in Books

1. Introduction
2. Federal Indian Policy
3. Indian Law Terminology
4. Scope of Federal, Tribal, and State Power over Indians
5. Practitioner's Checklist
6. Research Tools
7. Conclusion
8. Washington State Tribal Directory
9. Basic Rules of Jurisdiction in Indian Country (Criminal)