Digital Commons Network^™

Expressive Liberty, Moral Pluralism, Political Pluralism: Three Sources Of Liberal Theory, William A. Galston

William & Mary Law Review

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellee Muckleshoot Indian Tribe - United States V. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander

Research Collection Yong Pung How School Of Law

In his monograph, Conflict Resolved? A Critical Assessment of Conflict Resolution, Alan Tidwell provides the reader with an insight into the breadth and depth of the literature in the multi-disciplinary field of conflict resolution. The author draws on literature from a wide range of social sciences and, in doing so, displays a command of the diverse theoretical bases of conflict resolution seldom found in earlier works.

Opening Brief Of Defendant - Appellant Lummi Nation - United States V. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Opening Brief Of Defendant- Appellant Lummi Nation - United States V. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge

ILSA Journal of International & Comparative Law

The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it

Doctors And War Crimes: Understanding Genocide, Jonathan Tiefenbrun

Hofstra Law & Policy Symposium

No abstract provided.

Resource Law Notes Newsletter, No. 45, Winter Issue, 1999, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Session Law 99-284, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Lawyering, Power, And Reform: The Legal Campaign To Abolish The Broad Form Mineral Deed, Dean Rivkin

Scholarly Works

No abstract provided.

Community-Based Conservation: Restructuring Institutions To Involve Local Communities In A Meaningful Way, Sean T. Mcallister

Colorado Environmental Law Journal

No abstract provided.

Santa Clara Magazine, Volume 41 Number 3, Winter 1999, Santa Clara University

Santa Clara Magazine

8 - NOT WITH MY DAUGHTER, YOU DON'T! By Susan Fry. An SCU psychologist explores the correlation between dating and self-esteem for adolescent girls.

12 - COMMON GROUND FOUND By Tamara Straus. SCU has a new partner: the Smithsonian Center for Mate rials Research and Education. Together they are pursuing what a top-notch 21st-century education will require.

16 - THE NEW VOICES OF SANTA CLARA By Nichole Pichel, Miguel Legarreta, Charlene Abalos, Audrey Bilczo, and Jennifer Farris. Five incoming students share their experience of building values in a world of uneven prosperity, opportunity, and choice.

The Owned Public Domain: The Constitutional Right Not To Be Excluded - Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

UC Law SF Communications and Entertainment Journal

Before the rise of law and economics, the Supreme Court vigorously enforced the public right to use material in the public domain upon the expiration of utility patents. This right was most notably upheld in Kellogg v. Nat'l Biscuit Co. Recently, numerous Federal Circuit courts have failed to follow the holding of Kellogg. This article discusses the Lockian conception of property, argues that Kellogg was based upon sound Constitutional footing, and suggests that the current Court should follow that Constitutional reasoning, rather than distinguishing the case based on economic theory in its consideration of TrafFix Devices v. Marketing Displays this …

Bear’S Lodge Or Devils Tower: Intercultural Relations, Legal Pluralism, And The Management Of Sacred Sites On Public Lands, Lloyd Burton, David Ruppert

Cornell Journal of Law and Public Policy

No abstract provided.

The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar

Articles

No abstract provided.

Heretical Reflections On The Right To Self-Determination: Prospects And Problems For A Democratic Global Future In The New Millennium, J. Oloka-Onyango

American University International Law Review

No abstract provided.

Interdisciplinary Combined-Degree And Graduate Law Degree Programs: History And Trends, 33 J. Marshall L. Rev. 47 (1999), Linda R. Crane

UIC Law Review

No abstract provided.

Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl

Scholarly Articles

Now as Rwanda begins to mourn the firth anniversary of its genocide, it should also celebrate the fifth anniversary of its survival. As time passes, Rwanda enters a stage of social and historical development which can be referred to as the "post-genocidal" stage. Some would say that Rwanda is actually in an intra-genocidal phase, given the persistence of Hutu rebel insurrection throughout the country, specifically in the Ruhengeri prefecture of the north-west. Although the merits of this classification can be debated, fatalistically characterizing Rwanda to be intra-genocidal assumes an ability to look in the future, a task no scholar is …

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

An Anthropological Approach To Modern Forfeiture Law: The Symbolic Function Of Legal Actions Against Objects, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In 1996, the Supreme Court issued two opinions, Bennis v. Michigan and United States v. Ursery, emphasizing the constitutionality of civil forfeiture schemes under both the Due Process and Double Jeopardy Clauses of the Fifth Amendment. These decisions, and civil forfeiture schemes generally, have faced strong criticism from scholars and civil libertarians. Among the arguments advanced against civil forfeiture has been one based on its origins. The so-called "legal fiction" underlying forfeiture is that the government is acting against the property itself, rather than against the owner. Commentators have traced this fiction to the Middle Ages. Under the law of …

A Brief Comment On The Application Of The "Contemporary Community Standard" To The Internet, Phillip E. Lewis

Campbell Law Review

No abstract provided.

Fiduciary Relationships Are Not Contracts, Scott Fitzgibbon

Marquette Law Review

No abstract provided.

Random Notes Of An Integration Warrior--Part 2: A Critical Response To The Hegemonic Truth Of Daniel Farber And Suzanna Sherry, John O. Calmore

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Law And Sports Officiating: A Misunderstood And Justly Neglected Relationship, Mark A. Graber

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Legal Doctrine And The Gender Issue In Brazil, Leila Linhares Barsted, Jacqueline Hermann

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Critical Of Race Theory: Race, Reason, Merit And Civility, Nancy Levit

Faculty Works

A hazard lurks in any but the most careful representation of another's viewpoint. Call it "slippage" or the "essentialist error," the point is that communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know that between a story and its retelling, something will get lost in translation. Consider feminism, gay legal theory, and critical race theory, and their depictions in academic journals and the popular media. Newspapers and news magazines have recently published a spate of academic trash talk accusing critical race theorists of "playing the race card" and indulging …

Quatsch!, Matthew W. Finkin

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

In God's Image: The Religious Imperative Of Equality Under Law, George P. Fletcher

Faculty Scholarship

This Essay argues that the principle of equality under law is best grounded in a holistic view of human dignity. Rejecting modem attempts to justify equality by reducing humanity to a particular actual characteristic, it articulates a religious imperative to treat people equally by drawing on biblical as well as modern philosophical sources. The principle "all men are created equal," as celebrated in the Declaration of Independence and Gettysburg Address, draws on this holistic understanding of humanity. This admittedly romantic approach to equality generates a critique of contemporary Supreme Court doctrine, including the prevailing approaches to strict scrutiny, affirmative action, …

The Tentative Case Against Flexibility In Commercial Law, Omri Ben-Shahar

Articles

Well-rooted in modern commercial law is the idea that the law and the obligations that it enforces should reflect the empirical reality of the relationship between the contracting parties. The Uniform Commercial Code ("Code") champions this tradition by viewing the performance practices formed among the parties throughout their interaction as a primary source for interpreting and supplementing their explicit contracts. The generous recognition of waiver and modifications, as well as the binding force the Code accords to course of performance, course of dealings, and customary trade usages, effectively permits unwritten commercial practices to vary and to erode explicit contractual provisions.

The Supreme Court’S Thirty-Five Other Gun Cases: What The Supreme Court Has Said About The Second Amendment, David B. Kopel

Saint Louis University Public Law Review

No abstract provided.