Digital Commons Network^™

Playing "21" With Narcotics Enforcement: A Response To Professor Carrington (Symposium, Regulatory Future Of Contingent Employment), Frank O. Bowman Iii

Faculty Publications

Although I have fundamental disagreements with Professor Carrington even when his argument is reduced to its core, my purpose here is neither to defend every jot and tittle of national drug policy, nor to propose any sweeping personal vision of the place of recreational drugs in America. My ambitions are more modest. I suggest three premises: (1) Intelligent discussion of drug policy requires that we shed the image of law enforcement as warfare. (2) Instead, criminal narcotics prohibitions, penalties, and enforcement methods should be analyzed by the same standards which *939 govern any other type of crime. (3) If antinarcotics …

Religious Reasoning In Health Care Resource Management: The Case Of Baby K, Philip J. Boyle

Seton Hall Law Review

No abstract provided.

Re-Imagining The Latino/A Race, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

Concluding Remarks - Making Women Visible: Setting An Agenda For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The Women's Rights as International Human Rights Symposium (Symposium), sponsored by the International Women's Human Rights Project of the Center for Law and Public Policy at St. John's University, focused on the roles played by rules of law and by the conflation of economic, social, political, religious, cultural, and historic forces in the marginalization of women in the public and private sectors in both the international and domestic systems. The traditional exclusion of women from the articulation, development, implementation, and enforcement of rights has rendered gender issues invisible and thereby shielded gender-based abuses from much needed scrutiny. The flawed public/private …

The Rhetoric Of Torts: How Advocates Help Jurors Think About Causation, Reasonableness, And Responsibility, Neal R. Feigenson

UC Law Journal

How do jurors in accident cases think about negligence, and to what extent do their conceptions conform to the law? This Article examines closing arguments in several accident cases, showing the extent to which advocates appeal to the knowledge structures and inferential heuristics that people use to judge causation and responsibility in everyday life. Through argument structure, point of view, verb tense, metaphor, and other linguistic devices, attorneys construct a rhetoric that combines legal rules with the tools of ordinary judgment. The conceptions of negligence implicit in these arguments occasionally conflict with the law; the Article indicates the cognitive and …

Interwar German Theories Of International Law: The Psychoanalytical And Phenomenologicial Perspectives Of Hans Kelsen And Carl Schmitt, Anthony Carty

Cardozo Law Review

After 1918, the social foundations of legal positivism and formalism in Central Europe-especially where German was spoken-were shattered. The political neutrality of the legal profession had previously allowed it to equate legality and legitimacy in the form of the monarchical constitution. The breakdown of the traditional order led to a crisis of constitutional legitimacy. Power seemed destined to fall directly into the hands of the "masses" and neither traditional, liberal, nor conservative bourgeois (professional middle-class) opinion was comfortable about this prospect. There followed a profound debate about the nature of the state and political society.

Debra Jean Coando V. Patrick Dean Coando : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

REPLY BRIEF OF APPELLANT APPEAL FROM TERMINATION OF APPELLANT'S PARENTAL RIGHTS ENTERED BY THE EIGHTH DISTRICT JUVENILE COURT FOR UINTAH COUNTY, STATE OF UTAH, THE HONORABLE JERIL B. WILSON AND THE HONORABLE KAY A. LINDSAY, PRESIDING.

Children Of Choice: Whose Children? At What Cost?, Laura M. Purdy

Washington and Lee Law Review

No abstract provided.

Children Of Choice: A Doctor's Perspective, Howard W. Jones, Jr.

Washington and Lee Law Review

No abstract provided.

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Faculty Articles

This article explores the practice of the superior judiciary of Pakistan as it relates to freedom of religion and rights of religious minorities. Pakistan's successive constitutions, which guarantee fundamental rights and provide for separation of powers and judicial review, contemplate judicial protection against unlawful executive and legislative actions. The record of Pakistan's judiciary about protection of the rights of religious minorities is uneven and has gone through three phases. The first phase is remarkable for unequivocal protection of freedom of religion and religious minorities. The second phase contracted this protection through undue deference to the legislature. In the last phase …

Conflicting Conceptions Of Human Rights: Rethinking The African Post-Colonial State, Makau Wa Mutua

Journal Articles

No abstract provided.

Loyalty, Gratitude, And The Federal Judiciary , Laura E. Little

American University Law Review

No abstract provided.

Attorneys On Bioethics Committees: Unwelcome Menace Or Valuable Asset, Randall B. Bateman

Journal of Law and Health

The purpose of this paper is to examine the role(s), if any, of the attorney as a member of bioethics committees, especially hospital ethics committees. In the process of determining whether an attorney should serve on these committees, the arguments will contrast the potential role of an attorney with the different types of attorneys who may be chosen to serve as members of a hospital ethics committee. The ultimate conclusion of this paper is that attorneys do have a role on ethics committees, but that the role depends on the type of attorney, the individual committee and the way the …

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

In Pursuit Of Better Myth: Lawyers' Histories And Histories Of Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the mythologies contemporary lawyers generate in defence of existing professional structures. Drawing on the history of legal professions, the paper engages critically with professional apologetics, from a perspective influenced by diverse contemporary writings on legal professions including those associated with Richard Abel, Terrence Halliday, and others.

The Radical Feminist Defense Of Individualism, Cynthia V. Ward

Faculty Publications

No abstract provided.

Freedom Of Religion & Religious Minorities In Pakistan: A Study Of Judicial Practice, Tayyab Mahmud

Fordham International Law Journal

Pakistan's successive constitutions, which enumerate guaranteed fundamental rights and provide for the separation of state power and judicial review, contemplate judicial protection of vulnerable sections of society against unlawful executive and legislative actions. This Article focuses upon the remarkably divergent pronouncements of Pakistan's judiciary regarding the religious status and freedom of religion of one particular religious minority, the Ahmadis. The superior judiciary of Pakistan has visited the issue of religious freedom for the Ahmadis repeatedly since the establishment of the State, each time with a different result. The point of departure for this examination is furnished by the recent pronouncement …

The Role Of "Community" In The Pacific Northwest Logging Debate, Daniel S. Reimer

University of Colorado Law Review

No abstract provided.

The Concept Of Customary International Law, Daniel M. Bodansky

Michigan Journal of International Law

Review of Custom in Present International Law by Karol Wolfke

The International Style In Postwar Law And Policy: John Jackson And The Field Of International Economic Law, David Kennedy

American University International Law Review

No abstract provided.

Transcript: Facing Facts: The Role Of Epidemiology In Reproductive Rights Advocacy Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Lynn Freedman, Deborah Maine

American University Law Review

No abstract provided.

Domestic Partnership: Recognition And Responsibility, Raymond C. O'Brien

Scholarly Articles

A domestic partnership is a business or political recognition of two adults seeking to share benefits normally conferred upon married couples. To date, partnerships have conferred benefits only; the most logical progression is for partnerships to include responsibilities of support, commitment and obligation within the economic partnership construct of emerging family law. When this occurs, heterosexual couples may lack incentive, but homosexual couples will achieve surer due process recognition regardless of same-sex marriage litigation.

Praying For Baby Rena: Religious Liberty, Medical Futility, And Miracles, David M. Smolin

Seton Hall Law Review

No abstract provided.

An Interpretive Theory Of International Law: The Distinction Between Treaty And Customary Law, Hiram E. Chodosh

Vanderbilt Journal of Transnational Law

The author begins with an explanation of the importance of the distinction between treaty and customary law. The author then presents six alternative principles currently used to inform that distinction (dichotomy, overlap, relativity, interdependence, equivalence, and indeterminacy) and evaluates the application of these principles according to their theoretical coherence, practicability, reconcilability, and resolving power. The author concludes that each of the alternative principles is unsatisfactory in at least one respect and proposes a superior interpretive approach that does not define customary law in terms of treaty, but rather according to its own independently defining attributes. Finally, the author suggests that …

Intellectual Property Rights And Native American Tribes, Richard A. Guest

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien

American Indian Law Review

No abstract provided.

Reclaiming Sex From The Pornographers: Cybersexual Possibilities, Carlin Meyer

Articles & Chapters

No abstract provided.

For The Love Of Lacan, Jacques Derrida

Cardozo Law Review

What wouldn't Lacan have said!

What won't he have said!

This is not a question, it is an exclamation: to get my voice right, to find the appropriate tone, before beginning to try out this idiomatic conjunction of negation, denial [denegation], conditional and future in the past, my hypothesis being that these grammars, now in succession, now simultaneously, play the role of a screen and of a mirror in the modalities of the with, as they do in the modalities of the since [depuis] that will have determined Lacan's relationship to the philosophers-to certain philosophers. These few reflections on temporal …

The Other Dimension Of Law, Pierre Legendre

Cardozo Law Review

What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].

Sons Of Writ, Sons Of Wrath: Pierre Legendre’S Critique Of Rational Law-Giving, Anton Schutz

Cardozo Law Review

By nature we have been sons of wrath, according to a thoroughly explored passage of Pauline theology. I should like to put this text to a test. My purpose in this article is to view the work of a twentieth-century Sorbonne Professor of Law through the lens of this Pauline text. Clearly, such a procedure assumes some sort of extraordinary similarity of preoccupation as between these two thinkers. It assumes that the semantic components, filius and ira, and the question of their relationship, are equally crucial to both figures: to the fervent apostle and epistolographer who happened to have …