Digital Commons Network^™

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.

Regulating Expert Testimony, Douglas R. Richmond

Missouri Law Review

No abstract provided.

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.

A Paradigm Shift In Legal Education: Preparing Law Students For The Twenty-First Century: Teaching Foreign Law, Culture, And Legal Language Of The Major U.S. American Trading Partners, Gloria M. Sanchez

San Diego Law Review

Globalization of the world markets is the impetus behind this Article's call to law schools to include elective courses in transnational practice. Based on the denationalization of markets, laws and politics, the author argues that law schools should provide specialized courses in foreign law, taught in their domestic language, so that students are trained in the basic legal structures of other nations. Because of the creation of the North American Free Trade Agreement (NAFTA) the author recommends courses in Mexican law, culture, and Spanish legal language in U.S. law schools. The author also explains why understanding law in the context …

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Inter/Intra-Generational Equity: Current Applications Under International Law For Promoting The Sustainable Development Of Natural Resources, G. F. Maggio

Buffalo Environmental Law Journal

No abstract provided.

New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner

Missouri Law Review

Between 1917 and 1923 over 800 women worked for the United States Radium Corporation ("USRC") in Orange, New Jersey handpainting wrist-watch faces with a substance made luminescent by radioactive materials. While these workers were exposed to injurious, even mortal, levels of radiation, less than a dozen received any compensation for their injuries. These features compounded the workers' legal problems once they entered the formal legal system by dramatically complicating attempts to prove causation, by raising the specter of the statute of limitations defense, and by playing a major role in the settlement negotiation process. As a consequence, even when some …

Squabbling In The Shadows: What The Law Can Learn From The Way Divorcing Couples Use Protective Orders As Bargaining Chips In Domestic Spats And Child Custody Mediation, Randy F. Kandel

South Carolina Law Review

No abstract provided.

A Feminist Reassessment Of Civil Society, Susan H. Williams

Indiana Law Journal

Symposium: Law and Civil Society

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society

Piercing Pareto Superiority: Real People And The Obligations Of Legal Theory, Jeffrey L. Harrison

UF Law Faculty Publications

This essay has two purposes. The first is to demonstrate that the appearance of mutual assent and Pareto Superiority are weak bases for enforcing agreements. Pareto Superiority, as unassailable as it may seem, is paper-thin and frequently based on illusions and a normatively meaningless assessment of what it means to be better off. The approach here is one of piercing Pareto Superiority in order to examine the human factors that may determine whether an agreement occurs and its distributive consequences. Relative deprivation is the instrument used. The second purpose is to suggest that it is the obligation of legal theory …

Feminism, Globalization And Culture: After Beijing, L. Amede Obiora

Indiana Journal of Global Legal Studies

In this article, Professor Obiora begins with the premise that the

credibility of traditional legal frameworks has eroded, because the law

remains unable to relieve the oppressions and polarization between cultures,

even in the wake of global institutional transformations that seem to help the

oppressed, particularly women. Professor Obiora offers the Beijing Platform

for Action as a radical new solution for human rights protection, radical in

that it is one of the first declaratives to transcend the previous dichotomy of

issues among women by expressing a commitment to a global framework in

which to address these issues, particularly the feminization …

Evolutionary Analysis In Law: An Introduction And Application To Child Abuse, Owen D. Jones

North Carolina Law Review

No abstract provided.

Playing The "Culture Card": Trials In A Mutli-Cultural Democracy, Richard O. Lempert

Articles

As I write, the racial divide in America is said to be greater than at any time in the past 25 years.' Two events are blamed: the O.J. Simpson criminal trial and the Louis Farrakan led "Million Man March." That these events should exacerbate racial division is extraordinary. The Farrakan led march brought together between 400,000 and 800,000 black males to pledge that they would take the kind of responsibility for their actions and their families that white Americans have long argued they should take. The O.J. Simpson trial was more a "who done it" than a racial morality play. …

Justifying The Unjustifiable: Rite V. Wrong, Abbie J. Chessler

Buffalo Law Review

No abstract provided.

Civilians Don't Try: A Comment On Mirjan Dama~Ka's "Rational And Irrational Proof Revisited", William Twining

Cardozo Journal of International and Comparative Law

The article explores the cultural differences between common law and civil law systems, particularly in how they approach trials and evidence. It highlights that common law systems, like the American model, emphasize adversarial trials and public spectacle, while civil law systems focus on written records and bureaucratic processes. The O.J. Simpson trial serves as a prime example of these differences, showcasing the dramatic and media-driven nature of American trials compared to the more subdued European approach.

Playing The "Culture Card": Trials In A Multicultural Democracy, Richard Lempert

Cardozo Journal of International and Comparative Law

No abstract provided.

Bound For The Promised Land: The Gendered Character Of Higher Education, Jane Roland Martin

Duke Journal of Gender Law & Policy

No abstract provided.

Rational And Irrational Proof Revisited, Mirjan Damaska

Cardozo Journal of International and Comparative Law

It is interesting to examine fact-finding practices in culturally distant societies. These practices often seem thoroughly permeated by unreason, or else seriously defective in terms of the demands of rational inquiry. But if we look at them more carefully, placing them in their native cultural milieu, it usually emerges that they are not nearly as unreasonable as superficial inspection suggests. Our readiness to see them as tainted by unreason and radically different from our own, springs in large part from the failure to appreciate the degree to which the rationality of proof is culturally determined.' But as soon as the …

An "Act Of Truth" In A Sinhala Court Of Law: On Truth, Lies And Judicial Proof Among The Sinhala Buddhists, Vijaya Samaraweera

Cardozo Journal of International and Comparative Law

No abstract provided.

Legal Processes And National Culture, Oscar G. Chase

Cardozo Journal of International and Comparative Law

The article examines the relationship between national culture and legal processes, arguing that cultural differences significantly impact the feasibility of adopting foreign legal procedures. It focuses on the suggestion to adopt German civil litigation rules in the U.S., asserting that cultural barriers, particularly regarding authority and individualism, make such adoption problematic. The author contends that understanding these cultural dimensions is crucial for evaluating legal reforms.

Roma And Forced Migration: An Annotated Bibliography, Dana Neacsu

Books

As of 1997 there were between seven and eight and a half million Roma living in Europe. While there was ample literature on the Roma, in those pre-Internet times, there was no annotated bibliography of relevant works. This selected annotated bibliography assembled texts directly concerned with the forced migration of Roma, as well as other books, articles, periodicals, and various collections which provide background information on the Roma and their socio-economic, political and legal history. All the texts came from the NY Public Library collection. The compilation and the annotations were written by Dana Neacsu, at that time, a Consultant …

United States Follows Canadian Lead And Takes An Unequivocal Position Against Female Genital Mutilation: In Re Fauziya Kasinga, Tiajuana Jones-Bibbs

Tulsa Journal of Comparative and International Law

No abstract provided.

Protection Of Indigenous Populations' Cultural Property In Peru, Mexico And The United States, The, Jason C. Roberts

Tulsa Journal of Comparative and International Law

No abstract provided.

Sign Language: Colonialism And The Battle Over Text, Grace A. Pasigan

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

How The World Dreams Itself To Be American: Reflections On The Relationship Between The Expanding Scope Of Trademark Protection And Free Speech Norms, Keith Aoki

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Swimming From The Island Of The Colorblind: Deserting An Ill-Conceived Constitutional Metaphor, Chris K. Iijima

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Restoring Rights To Rites: The Religious Motivation Test And The Religious Freedom Restoration Act, Steven C. Seeger

Michigan Law Review

This Note argues that the religious motivation test best secures the religious liberty guaranteed by the Constitution and the RFRA. Part I examines the text and legislative history of the Act and establishes that Congress intended to protect religiously motivated practices. Part II argues that the free exercise case law prior to Smith, to which the RFRA explicitly appeals, did not require litigants to prove centrality or compulsion. Part III demonstrates that the religious motivation test protects the full spectrum of religious practices and religious groups, unlike the centrality test and the compulsion test. Part IV illustrates that the motivation …

Books Received, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.