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Articles 7141 - 7170 of 10448
Full-Text Articles in Entire DC Network
Keynote Address: The Human Genome Project: The Central Ethical Challenge, Edmund D. Pellegrino
Keynote Address: The Human Genome Project: The Central Ethical Challenge, Edmund D. Pellegrino
St. Thomas Law Review
Dr. Edmund D. Pellegrino's Keynote Address, "The Human Genome Project: The Central Ethical Challenge.
The Nexus Between Intellectual Property Piracy, International Law, The Internet, And Cultural Values, David J. Stephenson Jr.
The Nexus Between Intellectual Property Piracy, International Law, The Internet, And Cultural Values, David J. Stephenson Jr.
St. Thomas Law Review
In a way similar to the dramatic transformation of mass into energy at the speed of light, intellectual property piracy disputes have compellingly special characteristics when multicultural values clash over the Internet. The sudden explosion of Internet use outside of Western Europe and North America, especially in Asia, is most apparent in Singapore, which has the highest per capita use of the Internet anywhere in the world. This rapid global expansion of Internet use has been accompanied by related claims of intellectual property piracy that frequently resemble disputes that have recently arisen in United States and European courts. For example, …
The Evolving Right Of Self-Determination Of Indigenous Peoples, Paul J. Magnarella
The Evolving Right Of Self-Determination Of Indigenous Peoples, Paul J. Magnarella
St. Thomas Law Review
The destruction of indigenous societies represents a major threat to the contemporary world's rich inventory of cultures. Throughout the centuries, indigenous peoples have been forcibly removed from their lands, dispossessed of their natural resources, discriminated against or simply decimated.! Most of the world's estimated 300 million indigenous peoples are less well off than are members of the dominant societies. Many live in extreme poverty. Indigenous peoples wish to maintain their own unique cultures and ethnic identities and to control their traditional lands of occupation or at least some portions of them. Indigenous peoples need protected enclaves if they are to …
Legal Scholarship Today, Richard A. Posner
Historical And Comparative Contexts For The Evolution Of Conflict Of Laws In Nigeria, Remigius N. Nwabueze
Historical And Comparative Contexts For The Evolution Of Conflict Of Laws In Nigeria, Remigius N. Nwabueze
ILSA Journal of International & Comparative Law
Knowledge of the history of conflict of laws in Nigeria, the ideas behind its development, and the numerous problems that beset the application of its principles, is in itself the history of the socio-economic structure of the society, between feudalism and capitalism.
China’S Three Gorges: The Impact Of Dam Construction On Emerging Human Rights, Sarah C. Aird
China’S Three Gorges: The Impact Of Dam Construction On Emerging Human Rights, Sarah C. Aird
Human Rights Brief
No abstract provided.
The Use Of A Trilateral Network: An Activist's Perspective On The Formation Of The World Commission On Dams, Patrick Mccully
The Use Of A Trilateral Network: An Activist's Perspective On The Formation Of The World Commission On Dams, Patrick Mccully
American University International Law Review
No abstract provided.
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
Introduction: Being Individuals: A Comparative Look At Relationships, Gender And The Public/Private Dichotomy, Aniella Gonzalez
University of Miami International and Comparative Law Review
No abstract provided.
Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen
Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen
Seattle University Law Review
The article explores the meaning of the rule of law within the American political and legal systems by analyzing the concept in the abstract and its application in President Clinton’s impeachment.
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Law, Self-Pollution, And The Management Of Social Anxiety, Geoffrey P. Miller
Michigan Journal of Gender & Law
This article considers the anxieties about masturbation and spermatorrhoea from the standpoint of cultural-legal analysis. Seen from this perspective, the worries about masturbation provided an object onto which social anxieties could be displaced and thereby managed. Norm entrepreneurs who played on public fears manipulated basic cultural polarities in order to present masturbation and spermatorrhoea as objects of horror and disgust-things that needed to be expelled, if possible, from the body social.
The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg
The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg
Cleveland State Law Review
With each community considered, I will try to paint a picture of the many collectivizing factors at work: (1) the history or tradition of the community; (2) its underlying ideology, belief and value systems, and/or common interests or goals; (3) the nature of its communalism; (4)the nature of its isolation from the outside world; and (5) its decision-making and governance structure. Finally, I will look to its "gate-keeping" or circumference-drawing functions-how the community controls deviance and maintains unity within, while distinguishing itself from the chaos without. In Section I, I will consider two extreme examples of community (the Oneida Community …
Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman
Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman
GW Law Faculty Publications & Other Works
In the generation of law and society research that emerged with the formation of the Law and Society Association, sociolegal scholars, building on the Legal Realist attack on formalism, told a story primarily about the possibility of social progress through law. Over the past two decades, however, sociolegal scholars have become increasingly disenchanted with the reformist project. These writers, influenced by Michel Foucault and other postmodern theorists, have begun to see law not as an instrument for dispensing justice, but as a constitutive societal force shaping social relations, constructing meaning, and defining categories of behavior. As part of the move …
Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla
Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla
Faculty Scholarship
Taking a leap to be at a table from which Mexican American women have always been absent, and are still not invited, takes tremendous courage, knowing that much personal sacrifice will be required. This Essay addresses why Mexican American women have been absent from the tables of influence in the worlds of public policy, religion, and law, and how they can establish their presence as part of an anti-subordination agenda.
Aboriginal Subsistence Whaling: A Critique Of The Inter-Relationship Between International Law And The International Whaling Commission, Alexander Gillespie
Aboriginal Subsistence Whaling: A Critique Of The Inter-Relationship Between International Law And The International Whaling Commission, Alexander Gillespie
Colorado Environmental Law Journal
No abstract provided.
In Defense Of Member State Culture: The Unrealized Potential Of Article 151(4) Of The Ec Treaty And The Consequences For Ec Cultural Policy, Collette B. Cunningham
In Defense Of Member State Culture: The Unrealized Potential Of Article 151(4) Of The Ec Treaty And The Consequences For Ec Cultural Policy, Collette B. Cunningham
Cornell International Law Journal
No abstract provided.
Using Social Ecology To Meet The Productive Harmony Intent Of The National Environmental Policy Act, Kevin Preister, James A. Kent
Using Social Ecology To Meet The Productive Harmony Intent Of The National Environmental Policy Act, Kevin Preister, James A. Kent
UC Law Environmental Journal
No abstract provided.
Ishi Obscura, Gerald Vizenor
Male And Female Genital Alteration: A Collision Course With The Law?, Dena S. Davis
Male And Female Genital Alteration: A Collision Course With The Law?, Dena S. Davis
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Self-Determination And The American Indian: A Case Study, Milo Colton
Self-Determination And The American Indian: A Case Study, Milo Colton
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States has repeatedly victimized indigenous populations by stripping away tribal sovereignty and self-determination. One such example is Indian tribal reservations historical absence of jurisdictional autonomy. Prior to 1953, Indian tribal reservations shared jurisdiction with the federal government, allowing some semblance of autonomy. However, passage of Congress’s Public Law 280 erased this form of self-determination. This law enabled states to assume all civil and criminal jurisdiction over Indian tribal reservations. More recently, however, reservations have slowly begun to regain jurisdictional autonomy through the process of retrocession: the act of returning something taken. The achievements of the Winnebago Tribe of …
The Kindness Of Strangers: Interdisciplinary Foundations Of A Duty To Act, Nancy Levit
The Kindness Of Strangers: Interdisciplinary Foundations Of A Duty To Act, Nancy Levit
Faculty Works
In American tort law, one has historically been allowed to do nothing and not be held liable for injuries to others resulting from that inactivity. Viewed perhaps more charitably, tort law does not punish citizens for minding their own business. People generally have no affirmative duties to aid or protect others -- you can watch blind people walk into traffic and not be sued for failing to stop them. It's not nice, but it's not tortious. This essay examines the no duty to act rule in torts and the policy reasons typically offered in support of its enduring presence. It …
Legal Culture And The Practice: Postmodern Depiction Of The Rule Of Law, Jeffrey E. Thomas
Legal Culture And The Practice: Postmodern Depiction Of The Rule Of Law, Jeffrey E. Thomas
Faculty Works
Professor Thomas suggests that the television series the practice breaks from tradition by portraying the law as arbitrary and subject to manipulation. On one hand, its narratives show that law may require the guilty to be set free. On the other hand, the law sometimes fails to protect the innocent. Outcomes often turn on extralegal factors such as luck, race, or heroic efforts. This portrayal is a "postmodern" depiction of the rule of law. The narratives from the practice deconstruct the traditional rule of law hierarchy by showing that the rule of man can lead to more just results. The …
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
United States Asylum Law In The Context Of Sexual Orientation And Gender Identity: Justice For The Transgendered, Fatima Mohyuddin
UC Law SF Journal on Gender and Justice
This article examines the recognition given to sexual minorities through United States asylum law. This article begins with a general explanation of the evolution of asylum law and an overview of the different categories of persons eligible to apply for asylum, particularly persons facing persecution as a social group. Then the article discusses the traditional construction of gender and sexuality in lieu of persons who do not fit into the dimorphic, male/female, gender and sexual categories. These sexual minorities often face extreme hardship, government persecution and death in their home countries for stepping outside of culturally imposed sexual and gender …
Return To Neighborhood Schools, Concentrated Poverty, And Educational Opportunity: An Agenda For Reform, Patrick James Mcquillan, Kerry Suzanne Englert
Return To Neighborhood Schools, Concentrated Poverty, And Educational Opportunity: An Agenda For Reform, Patrick James Mcquillan, Kerry Suzanne Englert
UC Law Constitutional Quarterly
Throughout the US, school systems that once faced federally-mandated desegregation plans have been declared "unitary" - that is, courts ruled that these districts have removed any vestiges of overt segregation and therefore need not adhere to previous integration mandates. In Denver, Colorado, after busing students for over 20 years, federal courts declared the city school system unitary in 1996. In Denver the return to neighborhood schools has meant a concurrent return to more racially segregated schools. Given the strong correlation between race/ethnicity and socioeconomic status in US urban centers, the return to neighborhood schools has created conditions of concentrated poverty …
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
Seattle University Law Review
Dobbs, the author of the foremost treatise on tort law, and Hayden, the author of a number of thought provoking articles, have written a book with a clear structure—one that carefully and methodically elucidates the doctrinal framework of state tort law. The book also addresses problems in tort theory and practice and outlines major supplements and alternatives to existing tort remedies.
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
Why Do People Support Capital Punishment? The Death Penalty As Community Ritual, 33 Conn. L. Rev. 765 (2001), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
International Law Of Mystery: Holding Internet Service Providers Liable For Defamation And The Needs For A Comprehensive International Solution, Scott Sterling
International Law Of Mystery: Holding Internet Service Providers Liable For Defamation And The Needs For A Comprehensive International Solution, Scott Sterling
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
How To Talk About Religion, James Boyd White
How To Talk About Religion, James Boyd White
Articles
Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …
Mark Tushnet: The Right Questions, Philip C. Bobbitt
Mark Tushnet: The Right Questions, Philip C. Bobbitt
Faculty Scholarship
It is the most grotesque of ironies that much of twentieth-century jurisprudence has been an effort to make law into a science. This effort amounts to a reversal of a far earlier appropriation. It was the observation of regularities in gravity and the movement of the planets that reformed science and gave credence to the locution, 'the laws of nature.' Nature was "lawful" because it appeared to follow undeviatingly a certain regimen, which is to say that any deviations observed were held to be clues as to the true content of the laws that were being followed. Mathematics was the …
The Revolution In Human Genetics: Implications For Human Societies, Henry T. Greely
The Revolution In Human Genetics: Implications For Human Societies, Henry T. Greely
South Carolina Law Review
No abstract provided.
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren Lenard Hutchinson
Michigan Journal of Race and Law
This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed the Human Rights Campaign's endorsement of United States Senator Alfonse D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by …