Digital Commons Network^™

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.

The Diminishing Sphere Of The Cooperative Virtues In American Law And Society, Ana M. Novoa

Faculty Articles

Exploration of destructive developments in American law and society show that family law is completely askew. Although family law deals with the most intimate and basic personal relationships, it applies a legal process based on autonomous individual public and private economic rights to those intimate relational realities. It is a hallowed expression of male virtues and a paradigmatic example of the use of the law to protect vested interests and shape society, rather than a reflection of reality.

The split between the private/family/female and the public/business/male spheres of the nineteenth century created the separation of competitive attributes, virtues, and vices …

Policy And Science: A Review Essay Of Wilson’S Consilience: The Unity Of Knowledge, Thomas E. Geu

Faculty Publications

No abstract provided.

Symposium On Human Cloning: Legal, Social, And Moral Perspectives For The Twenty-First Century- Foreword: Cloning Debate, Janet L. Dolgin

Hofstra Law Review

In the United States, legislative responses to cloning among both federal and state lawmakers have been rapid and widespread. The Report of the NBAC to President Clinton proposed that Congress prohibit human cloning for a period of years. In the following year, Congress entertained a variety of bills proposing to ban or regulate human cloning. Some proposed prohibiting human cloning. Others proposed allowing such cloning for research purposes. Similarly, soon after Dolly's birth, state legislators presented a large number of bills aimed at regulating or prohibiting human cloning." Other governments and international bodies responded to Dolly's birth with similar speed …

Prosecutorial Misconduct And Constitutional Remedies, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1998-99), J. Rodney Johnson

Law Faculty Publications

In its 1999 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in its 1999 Session. In addition, there were eleven Supreme Court of Virginia opinions and one Bankruptcy Court opinion in the period covered by this review that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Defending Truth, Cynthia V. Ward, Peter A. Alces

Faculty Publications

No abstract provided.

Reintegrative Shaming In Corporate Sentencing, Jayne W. Barnard

Faculty Publications

No abstract provided.

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren L. Hutchinson

Faculty Articles

My argument proceeds in four parts. Part I situates my discussion of the synergistic relationship among race, class, gender, and sexuality within a broader body of research on the "intersectionality'' of systems of oppression and of identity categories. Part I then examines how my scholarship attempts to advance this literature both substantively and conceptually. Part II expounds my claim that the comparative and essentialist treatment of race and sexuality within pro-gay and lesbian theory and politics marginalizes gay, lesbian, bisexual, and trans­gendered persons of color and constructs and reinforces the notion that the gay and lesbian community is uniformly white …

Four Models Of The Criminal Process, Kent Roach

Journal of Criminal Law and Criminology

No abstract provided.

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Book Chapters

In the 1971 case, Griggs v. Duke Power (401 U.S. 424), the United States Supreme Court held that if an employment test (or other mechanism for screening job applicants) had a disparate impact on a group protected by Title VII of The Civil Rights Act of 1964, discrimination in violation of the Act would be presumed unless the employer could prove the "job-relatedness" of the test. (For details on the Griggs case, see England 1992 chap. 5.) The Griggs case represents a high-water mark in the Supreme Court's jurisprudence of discrimination, for it establishes proof rules that can catch both …

Who Authors Trademarks, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Fusion Folk: A Comment On Law And Music, Carol Weisbrod

Faculty Articles and Papers

This article is, in its most general sense, a critique of the idea of autonomy which is common to the understanding of both law and music. The idea of the autonomy of law, as an enterprise with its own rules and its own conventions, is parallel to a view of the composer working alone, uninfluenced by what has gone before, creating masterpieces free of cultural contexts. The stress here is on the point that both build on previous material, official and unofficial, and that in both there are latitudes and boundaries, ways in which the legal interpreter is free and …

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Reasserting Language Rights Of Native American Students In The Face Of Proposition 227 And Other Language-Based Referenda, Scott Ellis Ferrin

The Journal of Law and Education

No abstract provided.

Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud

Faculty Articles

This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …

Context And Culpability In Adolescent Crime, Jeffrey A. Fagan

Faculty Scholarship

This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …

Law And The Ideal Citizen, Lee C. Bollinger

Faculty Scholarship

The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …

The Best And The Brightest: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue

All Faculty Publications

This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Protection Of Global Biodiversity: Converging Strategies Lakshman D. Guruswamy & Jeffrey A. Mcneely, Eds., Marla E. Mansfield

Colorado Environmental Law Journal

No abstract provided.

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg

University of Florida Journal of Law & Public Policy

This article seeks to contribute both to the empirical evaluations of Black’s theory and to the literature on adolescent violence. It bridges these two area by examining the utility of Black’s theory of conflict management for explaining the use of violence in conflict situations between juveniles, an area in which Black’s propositions have not yet been systematically evaluated. The analysis focuses only on violence used to further a robbery, theft, or other predatory crime. Black’s theory is used as a basis for identifying social variables that increase the likelihood of using violence as a conflict management technique. A 1995 data …

Essay: How Should We Talk ?, Jean Bethke Elshtain

Case Western Reserve Law Review

No abstract provided.

The Contribution Of Henry G. Manne Towards The Education Of The American Judiciary, Jack B. Weinstein

Case Western Reserve Law Review

No abstract provided.

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

North Carolina Law Review

No abstract provided.

Squaw Drudges, Farm Wives, And The Dann Sisters' Last Stand: American Indian Women's Resistance To Domestication And The Denial Of Their Property Rights, Allison M. Dussias

North Carolina Law Review

No abstract provided.

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …