Digital Commons Network^™

Restitching The American Quilt: Untangling Marriage From The Nuclear Family, Lisa Milot

Scholarly Works

Part I of this Note will trace the various threads of American marriage law, particularly the perception that marriage is unraveling today due to an unprecedented divorce crisis. Part II will disentangle the conflicting patterns of contract law and status regimes that variously govern marriage, focusing on the uneven enforcement of antenuptial contracts and the implications of such. Part III will argue that the true focus of regulation is the status of the nuclear family, not of marriage per se. Finally, Part IV will propose a bifurcation of the legal regimes governing marriage and the family, recognizing the ability of …

Vol. 51, No. 11, April 10, 2001, University Of Michigan Law School

Res Gestae

•Affirming Affirmative Action •Culinary Wrestling, Palm Beach Style •Watch These Shows… PLEASE!!! •The Insider •Three Second Memory •Steven Segal •Memories of First Year •Think •Psychic •Airplane •Blacklist •Interview •Finals Rant •Crossword

History Of Love Canal And Suny At Buffalo's Response: History, The University Role, And Health Research, A. Theodore Steegmann Jr.

Buffalo Environmental Law Journal

No abstract provided.

Identity Crisis: “Intersectionality,” “Multidimensionality,” And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson

UF Law Faculty Publications

While essentialism remains a prominent feature of progressive social movements, critical scholars have offered persuasive arguments against traditional, single-issue politics and have proposed reforms in a variety of doctrinal and policy contexts. The feminist of color critiques of feminism and antiracism provided the earliest framework for analyzing oppression in complex terms. Feminists of color and other critical scholars have examined racism and patriarchy as “intersecting” phenomena, rather than as separate and mutually exclusive systems of domination. Their work on the intersectionality of subordination has encouraged some judges and progressive scholars to discard the “separate spheres” analysis of race and gender. …

What Is Property's Fourth Estate? Cultural Property And The Fiduciary Ideal, Steven Wilf

Connecticut Journal of International Law

The title of this introduction, of course, is a play upon the title of Abbd Sieyes well-known essay from the French Revolution, Qu'est-que le tiers Etat?-What is the Third Estate? In this brief essay, he tries to describe the emergence of a new class, the bourgeoisie, which is neither clergy nor nobility, and which should have its own rights and entitlements in the political constellation of late eighteenthcentury France.' Property, like Frenchmen, has its estates; different types of property with their own rules. These estates are four-fold: real property; movables or chattel; intangible property-the intellectual property of our day, including …

What Is Property's Fourth Estate - Cultural Property And The Fiduciary Ideal, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein

Faculty Scholarship

No abstract provided.

Law As A Learned Profession: The Forgotten Mission Field Of The Professional Movement, Rob Atkinson

South Carolina Law Review

No abstract provided.

Legal Ethics And Jurisprudence From Within Religious Congregations, Thomas L. Shaffer

Journal Articles

The Rabbis of the Talmud were a community for moral discernment—a community commissioned by God to interpret the Word of God. Their story is theology. Michael Scanlon, a modem Roman Catholic thinker, assumes such a theology and adds anthropology.

The Rabbis assume and Scanlon describes a community for ethical discernment. It is a perception—somewhat empirical, somewhat theological—that is important and neglected for lawyers in academic jurisprudence and in religious legal ethics. My argument here is that what lawyers should do about "ethical dilemmas" in professional practice can be discerned in the sort of community the Talmud describes, and Scanlon describes, …

Restatement (Third) Of Torts: General Principles And The Prescription Of Masculine Order, Anita Bernstein

Vanderbilt Law Review

Until April 1999, when it published a draft called Restatement (Third) of Torts: General Principles ("General Principles"), the American Law Institute ("ALI") had never purported to declare the "general principles" of anything.' This lack of precedent meant a blank slate: Reporters can carry out a general-principles mandate in varying ways. One contributor to this Conference, David Owen, has spoken elsewhere of "paths taken and untaken in the Restatement (Third)" to describe choices about products liability rules. Professor Owen has perceived these divergences as wide and profound. In the General Principles, which strive to speak about all of Torts rather than …

The Implications Of Memetics For The Cultural Defense, Neal A. Gordon

Duke Law Journal

No abstract provided.

Cultural Resources And Protection Under United States Law, Francis P. Mcmanamon

Connecticut Journal of International Law

"Cultural resource" and "heritage resource" are general terms informally, but frequently, used to refer to a wide range of archeological sites and collections, historic structures, museum objects, historic shipwrecks, documents, and traditional cultural places. In the United States, use of "cultural resource" as a term in the professional literature dates to the early 1970s when it began to be used by archeologists and historians in the National Park Service to denote a wide range of resource types.' More recently, the term "heritage resources" also has gained popularity as a general referent for this wide range of resources.2 The goal of …

Consumer Discrimination: The Limitations Of Federal Civil Rights Protection, Deseriee A. Kennedy

Missouri Law Review

This Article argues that consumer discrimination is symptomatic of the myriad ways in which racism has become subtly muted and infused into everyday interaction. This “everyday racism,” while carried out and experienced by individuals, is a result of social and institutional policies and, therefore, it represents a fusion of both individual and institutional racism. Despite the ubiquity of the experience, courts have been reluctant to directly address the harms that result from being the target of racial profiling in consumer setting using pre-trial dismissals and an unduly constricted reading of the Civil Rights Act to reject plaintiffs’ claims. The courts …

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Journal of Legal Education

No abstract provided.

Trends. Politically Incorrect On Human Rights: The 2000 Country Reports On Human Rights Practices, Ibpp Editor

International Bulletin of Political Psychology

The United States (US) Department of State publicly released the 2000 Country Reports on Human Rights Practices on February 26, 2001. As usual, it provides information as both fact and opinion on how human rights are upheld and violated in almost all countries and territories throughout the world. And as usual it provides two types of politically incorrect controversies.

Gender Equality And Women's Issues In Vietnam: The Vietnamese Woman—Warrior And Poet, Wendy N. Duong

Washington International Law Journal

Exploration of women's issues in Vietnam strengthens the emerging voice of the "exotic other female" in contemporary international feminist discourse. Any women's movement in Vietnam today must be cast as the revitalization of the Vietnamese woman's collective cultural identity, rather than as a Western imported feminist doctrine. The Vietnamese woman's collective cultural identity is based on the history and cultural folklores of Vietnam, including expressions of feminist ideas in law and literature, and a long history of warfare and collective sufferings, wherein women have been seen as martyrs, national treasures, and laborers in war and in peace. The advocacy of …

The Consensus Building Handbook : A Comprehensive Guide To Reaching Agreement Edited By Lawrence Susskind, Sarah Mckearnan And Jennifer Thomas-Larmer, The Consensus Building Institute, Sage, 1999, Pp 1147, Price: $129.95., Ganesh T Jejurikar

IIMB Management Review

Consensus means 'agreement among all participating stakeholders'. This sounds well nigh impossible. How canall the stakeholders, with their differing interests and beliefs about an issue, a dispute, or a problem, ever come togetherand sit down to resolve the issue amicably, with everyone feeling happy about the outcome?!

Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum

BYU Law Review

No abstract provided.

The Art And Science Of Critical Scholarship: Postmodernism And International Style In The Legal Architecture Of Europe, Ugo Mattei, Anna Di Robilant

Faculty Scholarship

This Article is a critique of several contemporary modes of thought in European legal scholarship. It intends to shed light on some interesting phenomena within legal ideology. Removing a legal ideology from its original context and applying it to a new situation can transform its meaning. For example, a progressive movement born in the United States becomes conservative when transplanted into the European institutional context The study of the Americanization of European law has offered many examples of such fascinating ideological twists.

Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich

Cardozo Law Review

No abstract provided.

A Semiotics Of Critique, Duncan Kennedy

Cardozo Law Review

No abstract provided.

The Fruit Of The Human Genome Tree: Cautionary Tales About Technology, Investment, And The Herritage Of Humankind, J.M. Spectar

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Ndls Update 01/2001, Notre Dame Law School

NDLS Update

No abstract provided.

Hung Out To Dry: Clothing Design Protection Pitfalls In United States Law, Anne Theodore Briggs

UC Law SF Communications and Entertainment Journal

The United States' trend toward longer, stronger intellectual property protection has failed to include protection for clothing design. The design of clothing itself lacks protection, while the surface decoration, fabric design, and labels are protected. This article examines current United States intellectual property law and its shortcomings, while discussing why enactment of design legislation fails. The author argues that passage of clothing design protection laws would benefit both United States consumers and clothing designers.

Book Review

Cornell Law Review

No abstract provided.

Women At War: An Evolutionary Perspective, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Descent, Aviam Soifer

Florida State University Law Review

No abstract provided.

Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

International Standards In Ecuador's Amazon Oil Fields: The Privatization Of Environmental Law, Judith Kimerling

Publications and Research

No abstract provided.

Alice In Legal Wonderland: A Cross-Examination Of Gender, Race And Empire In Victorian Law And Literature, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

Lewis Carroll's 1865 scene of a recalcitrant Alice in the courtroom, defying the court's authority as she grows (literally) into a large and threatening presence, dramatizes what was becoming an increasingly common Victorian spectacle: a woman questioning and critiquing the law and claiming a place for herself within its institutions. Women have played a significant (but much overlooked) role in legal history and, in this paper, I argue for the importance of examining various narratives of the past (including literary accounts) that explored women's relationship to the law.

Against the backdrop of several legal cases in which women sought entry …