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Vol. 18 No. 2 (1995): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Contributors: Vol 18 No. 2, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 18 (1995): Pacific Studies Full Issue 2

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 18, No 2 Edition of the Pacific Studies Journal

Table Of Contents - Issue 4, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Modelling Biblical Law: The Covenant Code, Bernard S. Jackson

Chicago-Kent Law Review

No abstract provided.

A Greek Case In Search Of An Anthropological Point, Charles Gray

Chicago-Kent Law Review

No abstract provided.

Slave And Master In Ancient Near Eastern Law, Raymond Westbrook

Chicago-Kent Law Review

No abstract provided.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

Flexibility At What Price? The Costs Of Part-Time Work For Women Workers, Ann Bookman

Washington and Lee Law Review

No abstract provided.

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington, Frank O. Bowman, Iii

Washington and Lee Law Review

No abstract provided.

The Role Of The Unconscious In The Perception Of Risks, Andrew F. Fritzsche

RISK: Health, Safety & Environment (1990-2002)

Dr. Fritzsche argues that our world is too "rational" and that the psychology of the unconscious, as developed by Jung, can be key to understanding responses to hazards and to resolving conflicts that arise in the political management of risks.

Ndls Update 05/1995, Notre Dame Law School

NDLS Update

No abstract provided.

Reflections On O.J. And The Gas Chamber, J. Michael Echevarria

San Diego Law Review

This Article discusses the traditional justifications advanced in support of the death penalty and compares them with current empirical data. The justifications are then applied to the O.J. Simpson case. The Article examines the data and reasons for the incidence of error in convicting innocent defendants in capital cases. The type of representation available to O.J. Simpson is contrasted with the quality of representation accorded to most capital defendants. After comparing the empirical data with the ideological justifications for capital punishment, the Author concludes that capital punishment is not necessary.

The Last Butskellite, John D. Ayer

Michigan Law Review

A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White

Civil Commitment And The "Great Confinement" Revisited: Straightjacketing Individual Rights, Stifling Culture, William Hoffman Pincus

William & Mary Law Review

No abstract provided.

The Case For (And Against) Harvard, Robert W. Gordon

Michigan Law Review

A Review of Logic and Experience: The Origin of Modern American Legal Education by William P. LaPiana

Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire

Buffalo Journal of International Law

No abstract provided.

Sounds Of Silence: The Supreme Court And Affirmative Action, Adam Winkler

Loyola of Los Angeles Law Review

No abstract provided.

In Search Of The Post-Positivist Jury, Mark Cammack

Indiana Law Journal

No abstract provided.

The Trial As Text: Allegory, Myth And Symbol In The Adversarial Criminal Process - A Critique Of The Role Of The Public Defender And A Proposal For Reform, Kenneth B. Nunn

UF Law Faculty Publications

A position of Federal Defender General should be created to enhance the public image of public defenders. Currently the adversarial system tends to favor prosecutors, making it hard for criminal defendants to obtain a fair trial. Semiotic theory shows how the criminal justice system reflects broader social discourse concerning crime. The defendants' rights are given symbolic representation but are not considered seriously. Criminals are set apart from the rest of society and regarded as undeserving of truly fair representation. The trial can be seen as an allegory demonstrating the guilt of the defendant.

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Indiana Journal of Global Legal Studies

No abstract provided.

Demanding Justice Without Truth: The Difficulty Of Postmodern Feminist Legal Theory, Jennifer Lynn Orff

Loyola of Los Angeles Law Review

No abstract provided.

Transformations Of Law And Place: Introduction To The Articles By Buchanan, Darian-Smith, Maurer, And Aman, David M. Engel

Journal Articles

No abstract provided.

Natural Law Theory: Contemporary Essays, Gerard V. Bradley

Journal Articles

Natural Law Theory: Contemporary Essays. Edited by Robert P. George. Oxford University Press. 371 pages. $39.95.

This book's editor, Princeton legal philosopher Robert George, has assembled essays by leading natural law thinkers and their most formidable commentators and critics. The essays, according to George, "convey an idea of the diversity of contemporary natural law theories...'liberal' and 'conservative'.... Some theories fit comfortably into the tradition of Aristotle and Aquinas, others are related to that tradition remotely, if at all."

Law Writing, Immigration, And Globalization In The British Virgin Islands, Bill Maurer

Indiana Journal of Global Legal Studies

In this article Mr. Bill Maurer addresses a fundamental tension

at work in the British Virgin Islands: while British Virgin Islanders

(BVIslanders) proudly term themselves a "law and order" people

and seek to distinguish themselves from other Caribbean peoples,

the territory remains as wedded as ever to its British rulers and the

West. Mr. Maurer first notes that when a colonial people begins to

view itself as essentially different from its rulers, it may begin a

concomitant move toward self-rule. He shows that while the BVI

exhibits many attributes of such a territory, BVIslanders consider

their ties to Britain a …

Legal Imagery In The "Garden Of England", Eve Darian-Smith

Indiana Journal of Global Legal Studies

Ms. Darian-Smith explores the relationship between law and the

concept of "landscapes, "which she describes as the spatial imagery

through which law is conceived and from which it draws meaning.

She first defines the complex and historically rich concept of the

"garden image," both in general and as it is seen in (and by)

England, its people, and its surrounding political, cultural, and

spatial contexts. In general terms, the garden image is injected into

issues of environmental law. Further, she notes that the garden has

been a fluid, ever-changing concept for England's society and its

developing legal system. Specifically, Darian-Smith …

What Are We Managing Anyway?: The Need For An Interdisciplinary Approach To Managing Fisheries Ecosystems, Jean-Jacques Maguire, Barbara Neis, Peter R. Sinclair

Dalhousie Law Journal

Fisheries managers should really be attempting to manage the fishing fleets and the processing industry, not the fish. Consequently we argue that effective management ought to take an eco-systems approach that is necessarily interdisciplinary, incorporating both natural and social sciences. We ascribe the inadequate results of existing management regimes to scientific uncertainty, political pressures, the regulations' lack of legitimacy among fishers, and excessive reliance on individual fishers (rather than households and communities) as the unit of analysis. In a new interdisciplinary approach, we emphasize the contribution of social science in helping to understand what is defined as Scientific knowledge, how …

Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen

Dalhousie Law Journal

This paper examines some of the basic economic, political and scientific assumptions we have utilized to organize fisheries activities in the North Atlantic. In particular, we discuss and criticize our commitments to corporate economic organization, centralized administrative structures, and conventional science. In addition, we raise questions about the obligation of our respective nation-states to the coastal communities which have most directly been affected by the social policies emanating from our institutional commitments.

Lost Moorings: Offshore Fishing Families Coping With The Fisheries Crisis, Marian Binkley

Dalhousie Law Journal

The fisheries crisis has severely affected the families of offshore fishermen. In Nova Scotia, offshore fishermen normally spent ten to fourteen days continuously at sea and as little as forty-eight hours on shore between voyages. The fishermen and their families adopted strategies to cope with that work schedule. This paper focuses on how these previously beneficial adaptations conflict with the new situation these families now face when many men have been laid off or had their work reduced.

The Virtues Of Interpretation In A Jural Society, Mike Robert Horenstein

Cardozo Law Review

This Essay could perhaps be titled "Why Lieber Now?": for this seems to me an unavoidable question when reviving a figure who has seemingly been lost in the archives. We encounter problems on all fronts, and just to ignore them and go about resuscitating Lieber would only provide an opportunity to quip that the operation 'was successful, though the patient died (was actually long dead). Even at the time of its publication, William Kent, Chancellor Kent's son, remarked of Lieber's Legal and Political Hermeneutics," 'What, in God's name, made you choose 'Hermeneutics'? ... Had you called your... …