Digital Commons Network^™

Negotiation As A Healing Process, Gerald R. Williams

Journal of Dispute Resolution

Beginning in the late 1970's and continuing even today, there has been intense criticism in the media and elsewhere that Americans are too litigious, that people and institutions are too frequently going to court against one another. While the criticism may be partly merited, when considered from a more personal perspective, what seems remarkable is not how much litigation there is, but how little. For example, most members of society suffer harms, inconvenienses, and injustices that infringe on their legal rights and could be, if they chose, grounds for legal action. Most individuals recognize, however, that if they made a …

Legal Challenges Beyond The Americas: Indigenous Occupants In Asia And Africa, Owen J. Lynch

St. Thomas Law Review

This essay shares some insights regarding people I would describe as indigenous occupants living in the Asian, Pacific, and African regions. In doing so, this essay highlights some of the main legal challenges that indigenous peoples face in these regions, and then presents a brief overview of some efforts to address these challenges.

New York Law School Reporter, Vol 11, No. 5 February 1996, New York Law School

Student Newspapers

No abstract provided.

Defining Cutting Edge Scholarship: Feminism And Criteria Of Rationality, Nancy Levit

Faculty Works

All too often, attempts to define or evaluate good scholarship develop criteria of meritocracy that reinforce existing hierarchies. Some of the efforts are quantitative. They involve cataloguing articles as measured by overall citation rates, ranking law reviews by citation counts, or classifying articles on a "greatest hits" list. Or they may count citations to construct a list of articles most-often-cited in fancy publications. Other efforts to describe quality scholarship involve the construction of criteria of merit, often for purposes of pronouncing what sorts of scholarship qualify for tenure, and for disqualifying nontraditional ideas and forms of writing as unworthy. The …

The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Many Mothers, Many Fathers: The Meaning Of Parenting Around The World, Nicole L. Sault

Santa Clara Law Review

No abstract provided.

Beyond Self–Interest: Asian Pacific Americans Toward A Community Of Justice, Frank H. Wu

Faculty Scholarship

No abstract provided.

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French

Book Reviews

Reviewing Martha Minow et al. eds., Narrative, Violence, and the Law: The Essays of Robert Cover (1992); Robin West, Narrative, Authority, and Law (1993); and Lila Abu-Lughod, Writing Women’s Worlds: Bedouin Stories (1992).

Reconsidering Strict Scrutiny Of Affirmative Action, Brent E. Simmons

Michigan Journal of Race and Law

Under the artificial constraints of strict scrutiny, however, the courts are free to veto the government's choice of more effective, race-conscious means. The Supreme Court's unfortunate and ill-conceived adoption of strict scrutiny as the constitutional standard for reviewing race-conscious affirmative action should be reconsidered for several reasons. This Article examines those reasons.

An Old(Er) Master Stands On The Shoulders Of Ageism To Stake Another Claim For Law And Economics, Paul H. Brietzke, Linda S. Whitton

Valparaiso University Law Review

No abstract provided.

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Michigan Journal of International Law

This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …

Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and …

Mothers Who Kill: Coming To Terms With Modern American Infanticide, Michelle Oberman

Faculty Publications

No abstract provided.

Commercial Litigators Reveal All: Exploring Commercial Litigation In New York State Courts, Norman I. Silber

Hofstra Law Review

No abstract provided.

Hermeneutic Tourist: Statutory Interpretation In Comparative Perspective, Daniel A. Farber

Cornell Law Review

No abstract provided.

The In/Fertile, The Too Fertile, And The Dysfertile, Lisa C. Ikemoto

UC Law Journal

This article takes the ongoing debate about whether and how procreative technologies should be regulated, and goes beneath it. Starting with the characterization of procreative technology as infertility treatment, this article explores three primary sets of norms constituting that characterization-fertility, technology, and family. The analysis is an attempt to map the interconnecting discourses of fertility, technology, and family, and so, proceeds in a non-linear manner.

Professor Ikemoto begins by exploring the edges of public discussion about acceptable procreative technology uses. That is, she first questions public responses to uses that have provoked controversy, from the first 'test-tube baby' to the …

Multiculturalism In Medical Decisionmaking: The Notion Of Informed Waiver, Elysa Gordon

Fordham Urban Law Journal

Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient's ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: first, autonomy is rooted in western ideals of self-governance and political freedom; second, the article discusses how this idea has been developed in American courts. In Part II, the author draws on anecdotal and empirical evidence to demonstrate that autonomy …

Prenatal Screening And The Culture Of Motherhood, Lori B. Andrews

UC Law Journal

Physicians use prenatal genetic tests on pregnant women to gain an increasing amount of information about fetuses before birth. These tests do more than predict the future health of the developing fetuses, however; they transform the culture of motherhood-society's expectations of pregnant women and women's expectations of themselves. Decisions to undergo genetic testing-and control or lack of control over dissemination of the results of testing-affect women's self-image, personal relationships, and how women are judged by institutions such as insurers and employers. This article reviews psychological, anthropological, and sociological research on the impacts of genetic testing and argues that healthcare providers …

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum

Fordham Law Review

No abstract provided.

Categories And Culture: On The 'Rectification Of Names' In Comparative Law, Janet Ainsworth

Faculty Articles

This article proposes a thorough ‘rectification of names’ take place in comparative legal studies, with a specific focus on Chinese law. Pioneering Chinese comparative law scholars focused on describing the Chinese legal system using Western legal terminology. The job of the second-generation of legal scholars, however, is to interpret both the primary source material and prior interpretations. There are many pitfalls entailed with studying non-Western law, foremost is the danger of one’s conceptual paradigms influencing an interpretation. Any culture’s legal order is uniquely tuned to a cultural context, and Chinese culture represents a social order with sufficient coherence for scholars …

Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

Morality: Public Policy And The Family: The Role Of Marriage And The Public/Private Divide, June Carbone

Santa Clara Law Review

No abstract provided.

Rights, Remembrance, And The Reconciliation Of Difference, David M. Engel, Frank W. Munger

Journal Articles

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the Americans with Disabilities Act of 1990, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and "Jill Golding" from childhood through adolescence to adulthood and employment, we relate the …

A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer

Cardozo Journal of Equal Rights & Social Justice

The integration of feminist theories into legal science and education faces significant challenges, particularly in Germany, where institutional and cultural barriers have slowed progress compared to other countries like Norway, Denmark, and the U.S. While feminist approaches have made inroads elsewhere, Germany remains hesitant, with the question of whether feminism belongs in legal education still unanswered. The tension between feminist perspectives and traditional legal methodologies, coupled with structural academia challenges, underscores the difficulty of achieving meaningful integration.

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

Conceptualizing Forum Selection As A Public Good: A Response To Professor Stone, Dennis O. Lynch

Denver Law Review

No abstract provided.

You Really Have Come A Long Way: An Analysis And Comparison Of Role Conflict Experienced By Women Attorneys Today And By Educated Women Twenty Years Ago, Jackie Slotkin

Faculty Scholarship

No abstract provided.