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From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French Jan 1999

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

Journal Articles

No abstract provided.


Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield Dec 1998

Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Petition For A Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999)) Dec 1998

Petition For A Writ Of Certiorari - Washington V. United States, Puget Sound Shellfish Growers V. United States, Alexander V. United States, 26 Tideland And Upland Private Property Owners V. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.


Copyright Ownership Of Scholarly Works Created By University Faculty And Posted On School-Provided Web Pages, Todd Borow Dec 1998

Copyright Ownership Of Scholarly Works Created By University Faculty And Posted On School-Provided Web Pages, Todd Borow

University of Miami Business Law Review

This article will discuss the issue of copyright ownership to a scholarly work that is written by a university faculty member. The analysis will include a general discussion of copyright law, including the work for hire doctrine, the development and applicability of the common law exception to the work for hire doctrine for academic writings, whether a university professor publishing a scholarly article is "within the scope of employment," web page publishing issues for professors who want to put their papers online and a discussion of the most practical strategies for professors who want to claim copyright ownership to their …


Jason Carter And Laura Zimmer-Tamakoshi's Review Of Charlie Nairn's A Death To Pay For: Individual Voices, Jason Carter, Laura Zimmer-Tamakoshi Dec 1998

Jason Carter And Laura Zimmer-Tamakoshi's Review Of Charlie Nairn's A Death To Pay For: Individual Voices, Jason Carter, Laura Zimmer-Tamakoshi

Pacific Studies

No abstract provided.


Holmes And The Romantic Mind, Anne C. Dailey Dec 1998

Holmes And The Romantic Mind, Anne C. Dailey

Duke Law Journal

Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.


Santa Clara Magazine, Volume 40 Number 3, November 1998, Santa Clara University Nov 1998

Santa Clara Magazine, Volume 40 Number 3, November 1998, Santa Clara University

Santa Clara Magazine

8 - EARTHBOUND IN TUSCANY By Susan Vogel. Cultivating the soil and restoring a Tuscan farmhouse became regenerative physically and spiritually for SCU English professor Edward Kleinschmidt.

14 - PREMIES By Sue Frey. Kathy (Straus) VandenBerg '66 pioneers a rule-defying path, as she puts tenderness and love above tubes and isolation in caring for premature newborns.

18 - SEA HUNT By Connie Hinckley. SCU SCREEM team members probe the blue-black waters of the Arctic Ocean for historic bounty using high-tech robotics.

26 - THE VILLAGE PEOPLE By Kathleen (Nino) Castello '88. Some 40 years ago a community of ex-GIs and …


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing." Order-maintenance …


The Population Crisis: The Stork, The Plow, And The Irs, Mona L. Hymel Nov 1998

The Population Crisis: The Stork, The Plow, And The Irs, Mona L. Hymel

North Carolina Law Review

No abstract provided.


Internal Versus External Perspectives On Law: Toward Mediation, Douglas E. Litowitz Oct 1998

Internal Versus External Perspectives On Law: Toward Mediation, Douglas E. Litowitz

Florida State University Law Review

No abstract provided.


An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson Oct 1998

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.


The Law And Economics Of Internet Norms, Mark A. Lemley Oct 1998

The Law And Economics Of Internet Norms, Mark A. Lemley

Chicago-Kent Law Review

No abstract provided.


1998 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 1998

1998 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Unlv Magazine, Barbara Cloud, Laurie Fruth, Chris Johnson Oct 1998

Unlv Magazine, Barbara Cloud, Laurie Fruth, Chris Johnson

UNLV Magazine

No abstract provided.


Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki Oct 1998

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.


Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe Oct 1998

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.


"We Are An Independent Nation": A History Of Iroquois Sovereignty, Mary Druke Becker Oct 1998

"We Are An Independent Nation": A History Of Iroquois Sovereignty, Mary Druke Becker

Buffalo Law Review

No abstract provided.


Echoes Of A Native Revitalization Movement In Recent Indian Law Cases In New York State, John C. Mohawk Oct 1998

Echoes Of A Native Revitalization Movement In Recent Indian Law Cases In New York State, John C. Mohawk

Buffalo Law Review

No abstract provided.


Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin Oct 1998

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

William & Mary Law Review

No abstract provided.


The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church Oct 1998

The Rhetoric Of Neutrality And The Philosophers’ Brief: A Critique Of The Amicus Brief Of Six Moral Philosophers In Washington V. Glucksberg And Vacco V. Quill, Richard Church

Law and Contemporary Problems

Church discusses the amicus brief to the US Supreme Court in the companion assisted suicide cases of "Washington v. Glucksberg" and "Vacco v. Quill," in which six philosophers offer their views. The philosophers' charge--that prohibiting physician-assisted suicide can only be based on impermissible sectarian religious or ethical premises--can be raised against their "neutral" liberal argument itself.


Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin Oct 1998

Psychiatric Evidence In Criminal Trials: To Junk Or Not To Junk?, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This Article begins, in Part I, with a brief review of the past four decades" of psychiatric and psychological testimony in criminal trials (henceforth referred to simply as "psychiatric testimony"). Although this review cannot be called comprehensive, it does make clear that, contrary to what the popular literature would have us believe, psychiatric innovation is neither at an all time high nor the prevalent form of opinion testimony by mental health professionals. At the same time, such "nontraditional" expert opinion from clinicians, on those rare occasions when it does occur, has changed over the past few decades in both content …


Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School Sep 1998

Vol. 49, No. 2, September 18, 1998, University Of Michigan Law School

Res Gestae

•A Fresh Start for Career Services •LSSS Passes New Funding Policy •Law School Hires Five New Faculty Members •Are Student/Faculty Relationships Good? •But Did He Ever Get to Meet the Beatles? •Give Me a Home, Where the Buffalo Roam, and the Geeks and the Antelope Play? •Welcome Back Larry •But Doesn't Sierre Leone Need Legal Services?


Contesting Legal Procedures Of Risk Management In Belgium: A Case Study, Tomke Lask Sep 1998

Contesting Legal Procedures Of Risk Management In Belgium: A Case Study, Tomke Lask

RISK: Health, Safety & Environment (1990-2002)

Dr. Lask evaluates legal procedures for dealing with siting problems in Belgium in the context of an actual conflict, and discusses how citizens' dissatisfaction with governmental systems has resulted in increased involvement in environmental issues.


Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith Sep 1998

Making Pedophiles Take Their Medicine: California's Chemical Castration Law, Kathryn L. Smith

Buffalo Public Interest Law Journal

No abstract provided.


Legal Issues On The Internet: An Analysis And Comparison Of Law And Policy Relating To The Use And Regulation Of The Internet In Great Britain And Australia, James B. Mcnamara Sep 1998

Legal Issues On The Internet: An Analysis And Comparison Of Law And Policy Relating To The Use And Regulation Of The Internet In Great Britain And Australia, James B. Mcnamara

Penn State International Law Review (1982 - 2011)

No abstract provided.


Contributors: Vol 21 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1998

Contributors: Vol 21 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 21 (1998): Pacific Studies Full Issue 3


Vol. 21 No. 3 (1998): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1998

Vol. 21 No. 3 (1998): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …


William C. Clarke's Review Of R. Gerard Ward And Elizabeth Kingdon's Land, Custom, And Practice In The South Pacific, William C. Clarke Sep 1998

William C. Clarke's Review Of R. Gerard Ward And Elizabeth Kingdon's Land, Custom, And Practice In The South Pacific, William C. Clarke

Pacific Studies

No abstract provided.


Working Wrongly And Seeking The Straight: Remedial Remedies On Enewetak Atoll, Laurence Marshall Carucci Sep 1998

Working Wrongly And Seeking The Straight: Remedial Remedies On Enewetak Atoll, Laurence Marshall Carucci

Pacific Studies

Classical approaches to righting wrongs among Pacific societies have been couched in terms of normative models of authority, and particularly in relation to societies with positions of ascribed authority, chiefs, and those with acquired authority like Melanesian center persons (“big-men”). In this article, I contend that typological approaches to the analysis of perceived wrongdoing are of limited utility in the assessment of how wrongdoing is culturally fashioned and socially redressed. Instead, I suggest that constructions of wrongdoing are culturally relative. Moreover, ideas and feelings about just and unjust action within the community are also relative and depend upon varied logical …


Righting Wrongs On Anuta, Richard Feinberg Sep 1998

Righting Wrongs On Anuta, Richard Feinberg

Pacific Studies

Apology and compensation are commonly employed to reestablish social harmony when one person causes injury to others, thereby disrupting social order. Here I explore the way in which these mechanisms are utilized by the people of Anuta, a Polynesian outlier in the Solomon Islands. I suggest that compensation and apology need not be counterposed and, in fact, are often intertwined as aspects of a single process. Historical transition from the widespread Polynesian emphasis on rank, respect, collective responsibility, and mutual assistance to a more individualistic and competitive cultural environment has led to changes in Anutan views of right and wrong. …