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The Opinion Volume 37 Number 7 – February 12, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 12, 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Report Of The International Criminal Tribunal For Rwanda, Robert F. Van Lierop

Hofstra Law & Policy Symposium

No abstract provided.

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett

Scholarly Works

No abstract provided.

Copernican Revolution In Jurisprudence: In Loving Memory Of Rudolf B. Schlesinger, Mentor And Friend, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Attorneys' And Judges' Needs For Continuing Legal Education On Mental Disability Law: Findings From A Survey, Douglas Mossman Md, Marshall B. Kapp Jd, Mph

Faculty Articles and Other Publications

Attorneys leave law school with limited knowledge and skills
concerning the issues that arise in mental disability law. Yet
psychiatrists and psychologists are appearing with increasing
frequency as witnesses in the nation's courts, and more attorneys
and judges can therefore expect to have to deal with testimony from
mental health professionals. To our knowledge, this article is the
first published assessment of practicing attorneys' and judges'
needs for continuing legal education (CLE) on mental disability
issues.

The 267 Dayton-area attorneys and 41 southwestern Ohio judges
who responded to our mailed survey said that one-seventh of their
cases raise issues related …

Vengeance Is Whose?: The Death Penalty And Cultural Relativism In International Law, James H. Wyman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Transformation Thesis Of Morton J. Horwitz: Research Problems And Implications For The Practice Of Liberal Democracy, Samuel J. Astorino

Duquesne Law Review

Morton J. Horwitz's Transformation I and II are revisionist histories of American law, written by the dean of the Critical Legal Studies Movement. The author suggests that if Horwitz's view gains wide acceptance, despite his shortcomings in research methodology, the implications for American constitutional democracy and judicial independence are daunting.

Institutionalist Theory And International Legal Scholarship, William J. Aceves

American University International Law Review

No abstract provided.

Tribal Chair's Perspective On Inherent Sovereignty, Billy Evans Horse, Luke E. Lassiter

St. Thomas Law Review

No abstract provided.

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.

Altruism, Status, And Trust In The Law Of Gifts And Gratuitous Promises, Eric A. Posner

Articles

No abstract provided.

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.

Throw Them To The Wolves: Asylum And Asylum Law, Enid H. Adler

ILSA Journal of International & Comparative Law

This paper may raise more questions than it answers. The plight and saga of the ship Golden Venture, Chinese and specific case studies will be employed to illustrate the issues addressed. Space limits this paper to an overview of the topic.

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous

Guys And Dolls: Remedial Nurturing Skills In Post-Divorce Practice, Feminist Theory, And Family Law Doctrine, Barbara Stark

Hofstra Law Review

This Article addresses two pressing problems in contemporary family law and demonstrates the usefulness of feminist theory in analyzing both The first problem is the practical, specific problem of post-divorce nurturing of children; that is, why post-divorce nurturing is so often difficult for custodial and visiting parents, as well as their children. The second is a more theoretical, pervasive problem of doctrinal reform; that is, the persistence of gendered stereotypes in family law notwithstanding doctrinal reforms intended to eradicate them. The first problem provides a concrete context in which to clarify and analyze the second. It is a particularly apt …

The Remoteness That Betrays Desire, Kenneth Anderson

Book Reviews

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Michigan Journal of Gender & Law

According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriages require "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals or justifications, betrays the Establishment Clause of the U.S. Constitution.

Legislative Approaches To Reducing The Hegemony Of The Priestly Model Of Medicine, Nancy K. Kubasek

Michigan Journal of Gender & Law

This Article presents the case that the legal culture in many ways undergirds the priestly model's hegemony over the therapeutic relationship between a woman and her doctor. To the extent that law provides this fundamental support, it legitimizes the mistreatment of women, especially with respect to their reproductive health. The implications are that the movement toward a more just legal culture necessitates the extirpation of this support.

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.

Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany

University of Miami Inter-American Law Review

No abstract provided.

Three Patterns Of Law: Taxonomy And Change In The World's Legal Systems, Ugo Mattei

Faculty Scholarship

No abstract provided.

The American Legal Faith: Traditions, Contradictions And Possibilities, David Ray Papke

Faculty Publications

No abstract provided.

Our National Parks: Assumptions, Metaphors And Policy Implications, Paul C. Pritchard

Fordham Environmental Law Review

No abstract provided.

In Defense Of The Bia And The Nps: Federal Acknowledgment, Native American Consultation, And Some Issues In The Implementation Of The Native American Graves Protection And Repatriation Act In The Southeastern United States, J. Anthony Paredes

St. Thomas Law Review

No abstract provided.

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, 38 Wm. & Mary L. Rev. 487 (1997), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.