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Slow Down: New Interventionism, Yubo Song Jan 1998

Slow Down: New Interventionism, Yubo Song

Michigan Journal of International Law

Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)


Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol Jan 1998

Building Bridges Iii - Personal Narratives, Incoherent Paradigms, And Plural Citizens, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay, in three parts, explores bridge building among communities of color with the purposes of creating, maintaining, and developing alliances. The first part, Personal Narratives, shares with readers some cuentos (stories) as a method and path in which to position the lectors: to contextualize my frontiers and familiarize them with my daily travels through diverse and varied borderlands; the many communities with which I intersect and interact, and in which I live- all of them my communities; and in all of which I am both insider and outsider. Part II, Incoherent Paradigms, suggests that the prevailing race-based legal paradigms …


Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie Jan 1998

Employment Discrimination On The Basis Of Sexual Orientation In Institutions Of Higher Education: A Survey Of Faculty Opinions, Catherine Ann Christie

Theses and Dissertations

Federal law does not prohibit employment discrimination based on sexual orientation. As is the case for other professionals, an educator who is a gay male or lesbian has had no protection from this form of discrimination unless it is specifically prohibited by a state or local law, or an institutional policy. Because they have been legally prohibited from marrying, domestic partners of gay and lesbian educators have not been entitled to share the employment benefits of their partners. This study examined opinions of faculty in four-year colleges and universities in Arkansas regarding employment discrimination based on sexual orientation in institutions …


Gendered Aspects Of Migration: Law And The Female Migrant, Joan Fitzpartick, Katrina R. Kelly Jan 1998

Gendered Aspects Of Migration: Law And The Female Migrant, Joan Fitzpartick, Katrina R. Kelly

UC Law SF International Law Review

Although female migrants share common goals and concerns, the gendered aspects of migration have been largely ignored by legislators and policy makers. This is illustrated by the regulation of migration for the purpose of performing domestic labor (the "maid trade") and migration to export processing zones, two predominantly female migration streams. The aim of this article is to expose the ways in which the legal regulation of migration reproduces and exacerbates the social and cultural inequalities that dis-empower female migrants. It is concluded that legislators and policy makers at all levels must develop an awareness and a more sophisticated understanding …


Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.


The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran Jan 1998

The Religious Dimension Of Judicial Decision Making And The Defacto Disestablishment, Mark C. Modak-Truran

Journal Articles

Despite the de facto disestablishment of religion, I will try to illustrate the centrality of religion as a resource for understanding judicial decision making. The central question for this inquiry is: What, if any, is the role of religious beliefs in judicial decision making?


Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham Jan 1998

Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King Jan 1998

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Faculty Publications By Year

No abstract provided.


Mapping Social Technologies In The Cultural Commons, Thrainn Eggertsson Jan 1998

Mapping Social Technologies In The Cultural Commons, Thrainn Eggertsson

Cornell Law Review

No abstract provided.


No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein Jan 1998

No Bad Men!: A Feminist Analysis Of Character Evidence In Rape Trials, Aviva Orenstein

UC Law Journal

No abstract provided.


Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy Jan 1998

Contemporary Financial Innovation: Orthodoxy And Alternatives, Charles R. Pouncy

SMU Law Review

No abstract provided.


Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks Jan 1998

Merlin And Solomon: Lessons From The Law's Formative Encounters With Forensic Identification Science, Michael J. Saks

UC Law Journal

No abstract provided.


Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt Jan 1998

Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt

Connecticut Journal of International Law

Part one of this article attempts to demonstrate through a microeconomic framework how the legal, economic, and cultural forces underlying the Japanese financial system impact the funding of venture businesses in Japan. In a venture finance market, the microeconomic decisions of entrepreneurs and venture investors determine how much capital is ultimately supplied to finance venture businesses. Investors, the suppliers of capital to a venture market, seek to ensure the highest possible payback on investment by maximizing expected returns. Rational entrepreneurs, on the demand side of the market for venture capital, seek the use of investor capital to pursue income-generating opportunities …


Holmes And The Romantic Mind, Anne Dailey Jan 1998

Holmes And The Romantic Mind, Anne Dailey

Faculty Articles and Papers

No abstract provided.


The Improbable Transformation Of Inner-City Neighborhoods: Crime, Violence, Drugs, And Youth In The 1990s, Richard Curtis Jan 1998

The Improbable Transformation Of Inner-City Neighborhoods: Crime, Violence, Drugs, And Youth In The 1990s, Richard Curtis

Journal of Criminal Law and Criminology

No abstract provided.


Representations Of Africa In Good Governance Discourse: Policing And Containing Dissidence To Neo-Liberalism,, James T. Gathii Jan 1998

Representations Of Africa In Good Governance Discourse: Policing And Containing Dissidence To Neo-Liberalism,, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


The Unidroit Convention On Stolen Or Illegally Exported Cultural Objects Confirms A Separate Property Status For Cultural Treasures, Marilyn E. Phelan Jan 1998

The Unidroit Convention On Stolen Or Illegally Exported Cultural Objects Confirms A Separate Property Status For Cultural Treasures, Marilyn E. Phelan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.


Complexities In Biomedical Decision Making, George P. Smith Ii Jan 1998

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Public Interest Law Review

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …


The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote Jan 1998

The Roles Of Comparative Law: Inaugural Lecture For The Dan Fenno Henderson Professorship In East Asian Legal Studies, Daniel H. Foote

Washington Law Review

Being named to the Dan Fenno Henderson Professorship in East Asian Legal Studies is at one and the same time a proud and truly humbling moment. It is especially humbling to hold a professorship bearing the illustrious name of Dan Fenno Henderson. In the Japanese law field, Henderson is without peer. He created the field as we know it today, and his accomplishments are truly staggering.


Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer Jan 1998

Tales Of Sexual Panic In The Legal Academy: The Assault On Reverse Incest Suits, Edward Greer

Case Western Reserve Law Review

No abstract provided.


Complexities In Biomedical Decision Making, George P. Smith Ii Jan 1998

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Journal of Law and the Public Interest

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …


Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie Jan 1998

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

All Faculty Publications

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …


Religion As Object And The Grammar Of Law, Larry Cata Backer Jan 1998

Religion As Object And The Grammar Of Law, Larry Cata Backer

Marquette Law Review

No abstract provided.


The Religious Dimension Of Judicial Decision Making And The De Facto Disestablishment, Mark Modak-Truran Jan 1998

The Religious Dimension Of Judicial Decision Making And The De Facto Disestablishment, Mark Modak-Truran

Marquette Law Review

No abstract provided.


Makah Whaling: Aboriginal Subsistence Or A Stepping Stone To Undermining The Commercial Whaling Moratorium?, Leesteffy Jenkins, Cara Romanzo Jan 1998

Makah Whaling: Aboriginal Subsistence Or A Stepping Stone To Undermining The Commercial Whaling Moratorium?, Leesteffy Jenkins, Cara Romanzo

Colorado Environmental Law Journal

No abstract provided.


Philippines Indigenous Peoples Rights Act, Patricia Thompson Jan 1998

Philippines Indigenous Peoples Rights Act, Patricia Thompson

Colorado Environmental Law Journal

No abstract provided.


Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza Jan 1998

Fundamental Rights, Moral Law, And The Legal Defense Of Life In A Constitutional Democracy, Martin Rhonheimer, Paolo G. Carozza

Journal Articles

Article by Martin Rhonheimer, translated by Paolo G. Carozza.


Disturbing The Peace, Emily A. Hartigan Jan 1998

Disturbing The Peace, Emily A. Hartigan

Faculty Articles


When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …


The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk Jan 1998

The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk

Articles

During its first 150 years, the New York Court of Appeals has had more impact on more areas of law than any other court in the United States. Other state courts-the California Supreme Court in the Traynor era, the New Jersey Supreme Court under Chief Justice Weintraub, to take two obvious examples-have had enormous impact, but no other state court has generated leading case after leading case in every decade for 150 years. Federal courts, including the United States Supreme Court, have had an enormous impact on American law, but that impact has been concentrated in public law; no federal …


One Step Forward, Two Steps Back : The Political And Institutional Dynamics Behind The Supreme Court Of Canada's Decisions In R. V. Sparrow, R V. Van Der Peet And Delgamuuku V. British Columbia, Jonathan Rudin Jan 1998

One Step Forward, Two Steps Back : The Political And Institutional Dynamics Behind The Supreme Court Of Canada's Decisions In R. V. Sparrow, R V. Van Der Peet And Delgamuuku V. British Columbia, Jonathan Rudin

Journal of Law and Social Policy

No abstract provided.