Digital Commons Network^™

The Right Not To Be Displaced, Maria Stavropoulou

American University International Law Review

No abstract provided.

The Concept Of Property In The Early Common Law, David J. Seipp

Faculty Scholarship

“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …

Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams

Faculty Scholarship

No abstract provided.

Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke

Other Publications

This panel discussion took place on April 21, 1994, as part of the University of Cincinnati College of Law's 1994 Robert S. Marx Lecture presented by Professor James Boyd White: The Authority of Law and Philosophy in Plato's Crito.

Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne Lorraine Schroeder

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker

Articles

No abstract provided.

Styles Of Constitutional Interpretation And The Four Main Approaches To Consitutional Interpretation In American Legal History, R. Randall Kelso

Valparaiso University Law Review

No abstract provided.

Reorganization Realities, Methodological Realities, And The Paradigm Dominance Game, Lynn M. Lopucki

UF Law Faculty Publications

The comments I present here pertain to two subjects. The first is the Warren and Westbrook attack on "arm chair theorists' and the response of the Conferees to this attack. The second is the problem of sample selection and its relationship to regularized data gathering.

International Human Rights Law And Sexual Orientation, James D. Wilets

UC Law SF International Law Review

Recently, the U.N. Human Rights Committee unanimously ruled that Tasmania had violated the International Covenant on Civil and Political Rights by criminalizing same-gender sexual activity. The Committee based its ruling on both privacy and equal protection grounds.

This Article explores the interplay between international law and domestic laws of the world's nations regarding the fundamental human rights of sexual minorities. This Article analyzes this emerging legal and political dialectic by examining the domestic laws and constitutions of specific countries and the role of international and regional human rights systems in protecting the human rights of sexual minorities.

Claims Of Indigenous Peoples To Cultural Property In Canada, Australia, And New Zealand, Theresa Simpson

UC Law SF International Law Review

Numerous national laws, international treaties, and commentators recognize the cultural import of cultural property both to the world as a whole and to source nations. Those laws control trade, provide for special protection in time of war, and even restrict the alienability of certain types of property. Despite this recognition of the non-economic value of some property, existing laws may not provide actual source cultures a means to protect their interest in their own cultural heritage. This Note examines national[ and international laws affecting cultural property of indigenous groups in Australia, Canada, and New Zealand, and argues for more effective …

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman

Faculty Articles and Papers

Reviewing: Richard Epstein, Forbidden Grounds: The Case against Employment Discrimination Laws. Cambridge, Mass.: Harvard University Press, 1991.

1994 Dwc Membership And Mailing Lists, American Society Of Criminology. Division On Women And Crime

Division on Women and Crime Documents and Correspondence

No abstract provided.

Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

What can the study of Chinese law bring to the study of China itself? This Article first distills what we have learned. It reviews Chinese legal studies since their revival in the 1960s in the United States, where foreign studies of modem Chinese law has been most vigorous since the People's Republic of China ("PRC") was established. The major themes that emerged from research before the reform decade emphasized the politicization of law, the persistence of traditional cultural influences and the impact of bureaucratic practice on current institutions - all themes which remain important today. Since the advent of reform, …

In Slime And Darkness: The Metaphor Of Filth In Criminal Justice, Martha Grace Duncan

Faculty Articles

An article such as this one, which seeks to examine the labyrinthine chains of meanings that we associate with illegal behavior, cries out for an interdisciplinary approach. Specifically, it demands a source that can reveal our unconscious as well as our conscious associations. Such a source is classical literature -- works of fiction that, by virtue of being read and loved through centuries and across continents, have proven their capacity to strike a responsive chord in their readers. Therefore, in Part II of this Article, I employ the classics, supplemented by occasional examples from contemporary fiction, history, and theology, to …

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Cornell Law Faculty Publications

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …

Expertise And The Daubert Decision, Ronald J. Allen

Journal of Criminal Law and Criminology

No abstract provided.

Gender, Crime, And The Criminal Law Defenses, Deborah W. Denno

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Jordan V. Gardner: Female Prisoners' Rights To Be Free From Random, Cross-Gender Clothed Body Searches, David J. Stollman

Fordham Law Review

No abstract provided.

When History Outweighs Law: Extinguishment Of Abenaki Aboriginal Title, John P. Lowndes

Buffalo Law Review

No abstract provided.

Buckley V. Fitzsimmons: The Beginning Of The End For Absolute Prosecutorial Immunity, Deborah S. Platz

Nova Law Review

No abstract provided.

Alumni Quarterly - Issue No. 51, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• First Endowed Summer Public Interest Fellowship to Honor Horace S. Libby
• Distinguished Jurist Visits Law School
• 1993 Annual Report
• The Class of ’93 – Where Are They Now?
• The United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks
• Alumni News

Lawyers, Mediation, And The Management Of Divorce Practice, Craig A. Mcewen, Lynn M. Mather, Richard J. Maiman

Journal Articles

Despite a widespread assumption that divorce mediation and divorce lawyers are incompatible, lawyers do play active-if largely unexamined-roles in many mediation programs. This article reports on the work of lawyers in a state with mandatory mediation. We find that lawyers in Maine have generally embraced mediation because it helps them manage problems inherent in divorce practice. Mandated divorce mediation facilitates both settlement negotiation and trial preparation, permits client participation in decisionmaking without requiring lawyers to surrender control, provides a forum for resolving both legal and nonlegal issues, and promotes efficient case management.

The Legal Cosmology Of Buddhist Tibet, Rebecca Redwood French

Journal Articles

No abstract provided.

Symposium Justice And Child Health: National And International Perspectives -- The Crisis For Families And Children In Africa: Change In Shared Social Support For Children, Thomas S. Weisner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Global Paradigm Shattered: The Jurisdictional Nihilism Of The Supreme Court’S Abduction Decision In Alvarez-Machain, Andrew L. Strauss

School of Law Faculty Publications

In the United States v. Alvarez Machain, the United States Supreme Court held that the United States could exercise criminal jurisdiction over a Mexican doctor who was abducted by agents of the American government from his office in Mexico and transported to the United States. As the Court's first international law decision after the end of the cold war, this case set the stage for how it would approach the domestic application of international law in the post cold war era. Despite the importance of the case, the Supreme Court failed to articulate the conceptual understanding of the relationship between …

Biodiversity Prospecting: Using Innovative Contractual Provisions To Foster Ethnobotanical Knowledge, Technology, And Conservation, Steven M. Rubin, Stanwood C. Fish

Colorado Environmental Law Journal

No abstract provided.

International Human Rights, The Environment, And Indigenous Peoples, Robert K. Hitchcock

Colorado Environmental Law Journal

No abstract provided.

Inupiat Subsistence And The Bowhead Whale: Can Indigenous Hunting Cultures Coexist With Endangered Animal Species?, Michael L. Chiropolis

Colorado Environmental Law Journal

No abstract provided.