Digital Commons Network^™

Applying A Strict Discovery Rule To Art Stolen In The Past, Tarquin Preziosi

UC Law Journal

There is a great deal of un-recovered stolen art, and a great deal of confusion within and among jurisdictions as to when the applicable statute of limitations for stolen art begins to run. Holistic legal reform in this area is long overdue. Recent proposals, responding to current practices in the art world, call for the adoption of an art theft registry to help effectuate the return of stolen art and provide efficiency in the marketplace. However, a great number of objects fall outside the effective scope of these proposals: art that was stolen in the past, and those artworks which …

Constructing Virtual Justice In The Global Arena, Ruth Buchanan

Articles & Book Chapters

This is a review of Dezalay and Garth, Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order.

Polygamy And Same-Sex Marriage, David L. Chambers

Articles

In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …

Legislative Intent And Impasse Resolution Under The National Labor Relations Act: Does Law Matter?, Ellen J. Dannin

Hofstra Labor & Employment Law Journal

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Translation: Who Needs It , Sanford Levinson

Fordham Law Review

No abstract provided.

Can Liberalism Justify Multiculturalism?, Robert Justin Lipkin

Buffalo Law Review

No abstract provided.

Acting Upon Immigrant Acts: On Asian American Cultural Politics By Lisa Lowe- A Review Colloquy, Margaret Chon

Faculty Articles

How might a literature professor converse with a law professor about law? Selecting what she thinks are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, Professor Margaret Chon meditates on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of Professor Lowe's book, Professor Chon tries to construct a partial, if artificial, colloquy. By doing this, the reader can sample the richness of Lowe's text, while gauging Professor Chon’s reactions. With this form, Professor Chon hopes to emulate what Professor Lowe simultaneously analyzes and …

Radical Plural Democracy And The Internet, Margaret Chon

Faculty Articles

By examining the consequences that particular social practices on the Internet have in physical space, this essay attempts to re-pivot the democratic discourse of the Internet so as to include Chantal Mouffe's vision of a radical and plural democracy: one that accounts for missing material markers, one that encourages the proliferation of different democratic struggles, one that acknowledges that "[a]ll inequities existing in our society are now at issue."

The Legal Ramifications Of Saving Face: An Integrated Analysis Of Intellectual Property And Sport, Darryl C. Wilson

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Di Goldine Medina (The Golden Land): Historical Perspectives Of Eugenics And The East European (Ashkenazi) Jewish-American Community, 1880-1925, Howard Markel, M.D., Phd.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Human Dignity, Privacy, And Personality In German And American Constitutional Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Continuing Classroom Conversation Beyond The Well-Placed "Whys?", Bailey Kuklin, Jeffery J. Stemple

Faculty Scholarship

No abstract provided.

Interpretation And Judgment, Kent Greenawalt

Faculty Scholarship

The major conclusions in Georgia Warnke's illuminating Essay, Law, Hermeneutics, and Public Debate are persuasive, but some that appear almost self-evident instead rest on controversial evaluative judgments. Many of my comments deal with these complexities, drawing from her book on interpretation and political theory as well as her Essay. Other remarks develop subjects Warnke barely touches. My thoughts are, thus, some combination of clarification, supplementation, and disagreement.

My initial effort is to refine in just what senses interpretations of texts, social practices, and legal rules must speak to our concerns. I next explore how interpretations of legal texts that are …

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in the 1996 and 1997 sessions. In addition, there were eleven Supreme Court of Virginia opinions in the two-year period ending April 18, 1997, that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change, Ronald J. Krotoszynski Jr.

Case Western Reserve Law Review

No abstract provided.

Whaling In Sand County: A Dialectical Hunt For Land Ethical Answers To Questions About The Morality Of Norwegian Minke Whale Catching, J. Baird Callicott

Colorado Environmental Law Journal

No abstract provided.

Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr.

University of Richmond Law Review

While coming into the twenty-first century will be a new experience for all of us, we should be conscious of the intersections of the past, present, and future as we near the year 2000.

Another Bridge To Cross: Between "Outside" And "Inside", Pauline E. Peters

Case Western Reserve Law Review

No abstract provided.

Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision - Introduction, James T. Dixon

Case Western Reserve Law Review

No abstract provided.

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.

Law And Biology: Toward An Integrated Model Of Human Behavior, Owen D. Jones

Vanderbilt Law School Faculty Publications

As first year law students unhappily discover, the meaning of "law" is frustratingly protean, shifting by usage and user. Depending on whom you ask, law is a system of rules, a body of precedents, a legislative enactment, a collection of norms, a process by which social goals are pursued, or some dynamic mixture of these. Law's principal purpose is to define and protect individual rights, to ensure public order, to resolve disputes, to redistribute wealth, to dispense justice, to prevent or compensate for injury, to optimize economic efficiency, or perhaps to do something else. And yet one thing is irreducibly …

Default Rules In Contract Law As Response To Status Competition In Negotiation, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This Article discusses another role for default rules--reducing costs of status competition. Default rules principally serve to reduce transaction costs and strategic behavior costs, but they also accomplish other functions. The hypothetical behavior of parties that measure the costs and benefits of the transaction in absolute terms provide a basis transaction and strategic behavior cost analysis. Parties in actual negotiations, however, often shift to measuring things in relative terms because of concerns about status. The participants enter into contract negotiations to achieve gains from trade. The process of negotiation itself, however, may become a competition. Rather than simply trying to …

What's Guilt (Or Deterrence) Got To Do With It?: The Death Penalty, Ritual, And Mimetic Violence, Donald L. Beschle

William & Mary Law Review

No abstract provided.

The Legal Construction Of Race: Mexican-Americans And Whiteness, George A. Martinez

Faculty Journal Articles and Book Chapters

In light of the privileged status of whiteness and these important critical race projects, this essay seeks to examine a number of issues concerning Mexican-Americans and whiteness. In particular, this essay seeks to examine how legal actors - courts and others –constructed the race of Mexican-Americans. In this regard, the essay seeks to examine whether the law constructed Mexican-Americans as white and whether they received the benefits traditionally associated with whiteness. The essay also explores the importance of group definition and argues that an examination of whiteness and Mexican-Americans has implications for the affirmative action debate. The article also explores …

"Not In My Backyard!" Protecting Archaeological Sites On Private Lands, Pamela D'Innocenzo

American Indian Law Review

No abstract provided.

Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama

Faculty Articles

A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for "Protecting America's Workers." The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America's workers (and thus America) from encroachment by "unauthorized" workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart …

Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton

Faculty Articles

Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …

Deaccession: Not Such A Dirty Word, Jason R. Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Genital Mutilation" Or "Symbolic Birth?" Female Circumcision, Lost Origins, And The Aculturalism Of Feminist/Western Thought, Sylvia Wynter

Case Western Reserve Law Review

No abstract provided.