Digital Commons Network^™

Looking At Communities And Markets, Lan Cao

Faculty Publications

No abstract provided.

Latinos, Assimilation And The Law: A Philosophical Perspective, George A. Martinez

Faculty Journal Articles and Book Chapters

Although Latinos have been in the United States for many years, they have not been completely assimilated into mainstream American society. Separate Latino enclaves, as well as unique Latino cultural practices, demonstrate that Latinos have not fully assimilated. This article responds to those who advocate the use of legal means to ensure Latino assimilation. This article argues that one should reject pressure to assimilate, and instead recognize the worth of distinctive cultural traditions of Latinos and other minorities. Moreover, this article uses philosophical literature to designate important limits on the demand for Latinos and others to assimilate into dominant society. …

Galileos Or Grave Robbers? Science, The Native American Graves Protection And Repatriation Act, And The First Amendment, Michelle Hibbert

American Indian Law Review

No abstract provided.

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

American Indian Law Review

No abstract provided.

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Protecting The Rights Of Pediatric Research Subjects In The International Conference On Harmonisation Of Technical Requirements For Registration Of Pharmaceuticals For Human Use, Ann E. Ryan

Fordham International Law Journal

This Comment argues that the parties to the International Conference on Harmonization of Technical Requirements for Regulation of Pharmaceutical Drugs (ITCH) should adopt more specific guidelines for pediatric research than those included in its Good Clinical Practice Guidelines (ICH GCP), and analyzes their attempt to do so in the Draft Guideline on Pediatric Trials. Part I of this Comment outlines the genesis of the current international guidelines for human research and how they relate to pediatric subjects. Part I also explains the human research guidelines of the three principal members of the ICH. Part II describes the function of the …

From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French

Journal Articles

No abstract provided.

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

Articles

Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

Democratization And Administrative Law, Paul H. Brietzke

Oklahoma Law Review

No abstract provided.

The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis

Scholarship@WashULaw

In this article, Professor Adrienne D. Davis traces the interaction of race, sex, and estate law in the antebellum and postbellum South. Through a close analysis of intestate succession and testamentary transfers involving the formerly enslaved, she unearths the role of private law in reconciling and preserving both property rights and racial hierarchy. The article centers on a series of historical case studies involving the rights of formerly enslaved women and their children to postmortem transfers of wealth. While the law of private property generally served to reinforce racial hierarchy, these cases involved the use of property rights -- specifically, …

American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross

Faculty Law Review Articles

In this article the author explains the origin of some of the deeply embedded historic, cultural and legal biases that have long frustrated attempts to reform American Indian education and suggests some strategies for mitigating, if not eliminating, their influence on Indian education.

The Palestinian Basic Law: Embryonic Constitutionalism, Adrien Katherine Wing

Case Western Reserve Journal of International Law

No abstract provided.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

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.

The Public Trust Doctrine: A Tragedy Of The Common Law, James R. Rasband

Faculty Scholarship

No abstract provided.

The Jury's Role In Deciding Normative Issues In The American Common Law, Mark P. Gergen

Fordham Law Review

No abstract provided.

Half-Wracked Prejudice Leaped Forth: Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

"Half-Wracked Prejudice Leaped Forth:" Sanism, Pretextuality, And Why And How Mental Disability Law Developed As It Did, Michael L. Perlin

Articles & Chapters

Mental disability law jurisprudence is often incoherent Much of its incoherence can be explained by two concepts that dominate this area of the law: sanism (the irrational prejudices that cause, and are reflected in, prevailing social attitudes toward mentally disabled persons, and those so perceived) and pretextuality (the courts' acceptance -- either implicit or explicit -- of testimonial dishonesty and their decisions to engage in dishonest decisionmaking in mental disability law cases). Mental disability law is frequently premised on stereotypes and on prejudice, on typification and fear. These distortions reflect sanism; cases that sanction the use of such stereotypes and …

Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

One of the major fallacies of Western civilization, according to Alfred North Whitehead,' was the propensity of Western thinkers to assume that ideas generated within their intellectual landscape were indicative of reality itself. Although some phases of Western science, notably physics and philosophy, have transcended their parochial origins, aspects of the old medieval synthesis still remain in the Western worldview. The gradual fragmentation of the old categories of natural history and theology into the isolated sciences and disciplines of today has produced a myriad of separate bodies of knowledge complete with their professional priesthoods and has allowed considerable slippage in …

Ecology And The Jewish Spirit: Where Nature And The Sacred Meet, Michael Burger

Sabin Center for Climate Change Law

It's a real shame, but all political and social movements, at some point, break up into factions. The factions debate their relative necessity, claim authority over areas of discourse and action, and generally vie for power. They stop coordinating and communicating with each other. There are occasional acts of sabotage. The competition of the market economy (including the grant-funded non-profit sector) and the expanse of human vanity demand this distinction. Everyone needs to find their niche. An ecologist understands this as well as an economist, an activist as well as a lobbyist, a rabbi as well as a lawyer.

The Salience Of Race, Deborah W. Post

Touro Law Review

No abstract provided.

Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Part I of this article briefly examines some of the drawbacks and inconsistencies of Title VII sexual harassment jurisprudence and shows that Title VII does not provide an adequate framework for understanding many common forms of workplace harassment. Title VII is unquestionably a critical means of fighting against workplace discrimination; however, by emphasizing discrimination at the expense of dignity, the Title VII workplace harassment paradigm provides an incomplete understanding of the wrongs of workplace harassment.

Part II of this article asserts the importance of an approach to sexual harassment that distinguishes between the nature of the harm of workplace sexual …

Faculty Pro Bono And The Question Of Identity, David Luban

Georgetown Law Faculty Publications and Other Works

My aim in this essay is to explain and defend a simple proposition, which I'll call the pro bono thesis: law teachers and law schools have the same pro bono responsibilities as lawyers and law firms. By "pro bono" I mean something more particular than community service or civic involvement. I mean free or reduced-rate legal work for those who cannot afford to pay for it. The pro bono thesis is that law teachers and law schools have pro bono responsibilities in this sense.

Now We Have Forgotten The Old Indian Law: Choctaw Culture And The Evolution Of Corporal Punishment, Steven M. Karr

American Indian Law Review

No abstract provided.

Sovereignty And Its Relevance To Native Americans In The Twenty-First Century, Hurst Hannum

American Indian Law Review

No abstract provided.

The Native American Graves Protection And Repatriation Act: The Death Knell For Scientific Study?, Renee M. Kosslak

American Indian Law Review

No abstract provided.

Animal Thing To Animal Person -- Thoughts On Time, Place, And Theories, Steven M. Wise

Animal Law Review

The rule that "animals are property," and do not merit legal rights, is ingrained in the law of English-speaking countries. Challenges to this rule must be brought in strategic, thoughtfu, sensitive, sophisticated, and coordinated ways. This essay offers seven related strategic considerationsf or anyone who wishes to battle the "animals as property" rule.

Animal Cruelty And Violence Against Humans: Making The Connection, Randall Lockwood

Animal Law Review

The idea that there is a connection between the way individuals treat animals and human beings has a long history in Western popular culture, but a shorter history as the subject of scientific research. Recently, a growing body of evidence has confirmed an association between repeated, intentional abuse of animals and a variety of violent antisocial behaviors including child abuse, domestic violence, and violent criminal activities. The public made this connection before most law-enforcement or menial health officials. Public sentiment for tougher and better-enforced animal cruelty laws is strong, and there has been a dramatic response to recent high-profile animal …

Introduction: Latcrit Theory: Mapping It's Intellectual And Political Foundations And Future Self-Critical Directions, Margaret E. Montoya

Faculty Scholarship

The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly older schools of critical legal theory, most particularly from the Critical Race Theory ("CRT") Workshop. The LatCrit movement has been strengthened because scholars identified primarily with CRT working with and alongside scholars identified primarily with LatCrit have struggled to recognize, name and address the hetero-normativity …

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

Faculty Scholarship

The idea of professional success,especially in the elite legal profession, as being closely linked to community or having corresponding value to the community has directly affected my view of individual lawyering. Excerpts reprinted in: Social Justice: Professionals, Communities and Law, 11 (Mahoney, Calmore, Wildman, eds., 2003); Lawyers Ethics and The Pursuit of Social Justice and Ethics 201 (Susan D. Carle, ed., 2005); Clinical Anthology, Readings for Live-Client Clinics, (2d Ed., A.J. Hurder, et al., eds., 2011).