Digital Commons Network^™

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

Publications

No abstract provided.

African-Americans, Latinos, And The Construction Of Race: Toward An Epistemic Coalition, George A. Martinez

Faculty Journal Articles and Book Chapters

Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the African-American/Latino relationship. With this in mind, the author discusses two important questions posed by the organizers of this panel: (1) How is the relationship between African-Americans and Latinos affected by the construction of race? and (2) Can Critical Race Theory benefit by a consideration of the race …

Regulating Rights And Managing Public Order: Parade Disputes And The Peace Process, 1995-1998, Neil Jarman

Fordham International Law Journal

This Essay explores the problems that have emerged over the right to parade since 1994. It begins with a brief review of the historical significance of parades in Ireland before summarizing the background to the current disputes. This Essay considers the causes of the problem, the arguments of the various parties, and the development of legal controls on parades. The Essay then moves on to review the attempts that have been made to resolve the issue. In particular, the Essay focuses on the formal measures that have been taken by the British Government to resolve the disputes rather than the …

A Legal History Of Irrational Exuberance, Daniel W. Levy

Case Western Reserve Law Review

No abstract provided.

The Problem That Has No Name, Omi Morgenstern Leissner

Cardozo Journal of Equal Rights & Social Justice

The article examines how naming practices, deeply rooted in patriarchal societies, influence women's identity, autonomy, and societal status. It argues that traditional naming conventions, such as women adopting their husbands' surnames, reflect broader power dynamics that marginalize women and erase their individuality. The analysis highlights the legal, cultural, and psychological implications of these practices and advocates for self-naming as a form of resistance and empowerment.

"Save The Whales" V. "Save The Makah": The Makah And The Struggle For Native Whaling, Richard Kirk Eichstaedt

Animal Law Review

In 1997 the International Whaling Commission approved a quota for the Makah Indian Tribe to hunt four gray whales per year, culminating years of legal wrangling and political maneu­vering by all of the concerned parties. Mr. Eichstaedl examines the history of the Makah whaling rights from the Tribe's treaty with the United States in 1855 to the present-day battles with Congress and the IWC. This unfolding story pits a species of whale once on the brink of extinction, against Native Ameri­cans re-asserting a centuries-old custom.

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 Harcourt

Faculty Scholarship

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 …

Putting Sex To Work, Katherine M. Franke

Faculty Scholarship

When I was living in New Haven a number of years ago, a miracle happened that drew people by the thousands to witness evidence of the Divine. A crucifix had been found to appear in the body of an oak tree in the middle of Worchester Square. I went – after all, how often do you get to see that kind of thing? Not surprisingly, at first I couldn't see anything but the usual trunk and limbs of a tree. Yet a believer took the time to show me what was really there, something that my untrained eye could not …

Administrative Law In The 21st Century, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Separation Anxiety: International Responses To Ethno-Separatist Claims, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Where The Winds Hit Heavy On The Borderline: Mental Disability Law, Theory And Practice, Us And Them, Michael L. Perlin

Articles & Chapters

No abstract provided.

There's No Success Like Failure/And Failure's No Success At All: Exposing The Pretextuality Of Kansas V. Hendricks, Michael L. Perlin

Articles & Chapters

No abstract provided.

Civil Rights And Self-Concept: Life Stories Of Law, Disability And Employment, Frank W. Munger, David M. Engel

Articles & Chapters

No abstract provided.

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.

The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is about stories--the stories that we are told and the stories that we, in turn, tell to others. It has become a truism that we have lost our faith in master narratives and that the "real" is composed of many competing narratives, all fragmentary, contradictory, overlapping. In this article, the author discusses the problems this view poses for those of us who see ourselves as advocates and activists rather than solely--or primarily--as scholars, but who nonetheless seek to combine social activism with intellectual rigor and honesty. In particular, she discusses the dilemmas this creates for the human rights …

Anasazi Jurisprudence, John W. Ragsdale Jr.

American Indian Law Review

No abstract provided.

"The Past Never Vanishes": A Contextual Critique Of The Existing Indian Family Doctrine, Lorie M. Graham

American Indian Law Review

I don't know my own culture, . . . I am going to need your help in understanding . . . . Teach me, teach my children. These are the words of a forty-three-year-old Navajo woman on her first visit back to the Navajo Nation since her birth. Stolen as an infant, along with her twin brother, and adopted out on the black market, she was finally reunited with her family and community. Her journey home comes at a time when Native American nations are fighting proposed legislation and court-made rules that seek to limit the reach of the Indian …

Life Before The Modern Sex Offender Statutes , Deborah W. Denno

Faculty Scholarship

This Article examines the social and legal developments that fueled the origins and recurring problems of sex offender laws. Part I of this Article discusses the primary precursors of the sexual psychopath statutes that encouraged the public's and politicians' acceptance of the concept of sexual psychopathy: the increasing sexualization of American society, changes in gender roles and relations, the valuation of children and the family unit, and the influx of psychiatry. Part II describes how the diagnosis of sexual psychopathy slowly developed as a result of the criminal justice system's growing tendency to explain criminal behavior in psychoanalytic terms. Part …

Fragments On The Deathwatch, Louise Harmon

Scholarly Works

No abstract provided.

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

Profile Of The Law Of The Navajo Nation, Bidtah N. Becker, Navajo Nation

Tribal Law Journal

The Navajo Nation is a non-IRA5 tribe and is not governed by a written constitution. The Navajo Nation government consists of a three-branch system. The nation has a six volume, twenty-four title6 code. Title II outlines the administration of tribal affairs, including the executive and legislative branches. Title VII outlines duties of the judiciary. The modern Navajo Nation government is best described as a western / traditional blend of governance.

Uptown Act: A History Of The Uniform Commercial Code: 1940-49, Allen R. Kamp

SMU Law Review

No abstract provided.

Natural Law, Homosexual Conduct, And The Public Policy Exception, Raymond B. Marcin

Scholarly Articles

The specific focus of this conference is on the problems posed by the imminent recognition of homosexual marriages in one or more jurisdictions. The question posed by the "laws of nature" exception to the inter-jurisdictional marriage recognition principle is whether legally endorsed homosexual marriages, involving (as they must) societal approval and endorsement of homosexual conduct, are contrary to natural law. This paper will explore the classic natural law theory of Saint Thomas Aquinas and the reasons why that theory condemns homosexual conduct as being contrary to the law of nature.

The Indian Treaty Piscary Profit And Habitat Protection In The Pacific Northwest: A Property Rights Approach, Michael C. Blumm, Brett M. Swift

University of Colorado Law Review

No abstract provided.

The Lawyer's Left Hand: Nonanalytical Thought In The Practice Of Law, Graham B. Strong

University of Colorado Law Review

No abstract provided.

Criminology, Crime Control And "The American Difference", David Garland

University of Colorado Law Review

No abstract provided.

Deconstructing The Distinction Between Bias And Merit, Daria Roithmayr

Publications

In this article Professor Roithmayr attempts to develop in the context of law school admissions a theoretical argument from deconstruction to support the radical critique of merit. The radical critique, espoused primarily by Critical Race Theorists and radical feminists, argues that merit standards disproportionately exclude white women and people of color because merit standards were developed by dominant social groups, in ways that have disproportionately benefited their descendants. Using a critical history of law school admission standards, as well as a deconstructive reading of a defense of merit offered by Professors Daniel Farber and Suzanna Sherry, Professor Roithmayr deconstructs the …

On Teaching Legal Ethics With Stories About Clients, Thomas L. Shaffer

Journal Articles

The comparison I have in mind is between what goes on at Notre Dame and what goes on in one of Professor James Boyd White's law and literature classes at the University of Michigan. Both classes use provocation. White provokes his students with an array of assigned readings, all of them about people, not all of them about law, ranging from Homer and Plato to Fowler on the split infinitive and the autobiography of Dick Gregory. We provoke our students with a parade of accounts from our members, accounts of people they think they can help.

White's enterprise is, I …

Civil Rights And Self-Concept: Life Stories Of Law, Disability, And Employment, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.