Digital Commons Network^™

Corporate Takeovers And Corporate Law: Who's In Control?, Lyman P.Q. Johnson, David K. Millon

Scholarly Articles

No abstract provided.

Do African-Americans Need Immersion Schools? The Paradoxes Created By Legal Conceptualization Of Race And Public Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Feminist Legal Epistemology, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Eternal Silence: The Destruction Of Cultural Property In Yugoslavia, Karen J. Detling

Maryland Journal of International Law

No abstract provided.

Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort

Fordham Law Review

In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's continued survival is …

The Use Of Financial Incentives In Medical Care: The Case Of Commerce In Transplantable Organs, James F. Blumstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The New Home Economics, Jane E. Larson

Constitutional Commentary, Vols 1–36 (1984–2022)

Review essay: The New Home Economics: A Review of Sex and Reason. By Richard A. Posner. Cambridge, MA: Harvard University Press. 1992. Pp. vii, 458. Reviewed by: Jane E. Larson.

Book Review Of Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Michael P. Zucker!

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects. By Graham Walker. Princeton, N.J.: Princeton University Press. 1990. Pp. viii, 189. Reviewed by: Michael P. Zuckert.

In A Conflict Between Equal Rights For Women And Customary Law, The Botswana Court Of Appeal Chooses Equality, 24 U. Tol. L. Rev. 563 (1993), Michael P. Seng

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh

University of Michigan Journal of Law Reform

The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

Articles

The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Book Review Of Natural Law Theory: Contemporary Essays, Steven D. Smith

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Natural Law Theory: Contemporary Essays. Edited by Robert P. George. New York: Clarendon Press, Oxford. 1992. Pp. 371. Reviewed by: Steven D. Smith.

Clinical Legal Education: A Student Perspective, Michael Cozens

Dalhousie Journal of Legal Studies

Fiscal restraint has forced many law schools to reconsider funding clinical education programs. Using the Dalhousie Legal Aid Service (DLAS) as an example, the educational effectiveness of clinical legal education is examined. Clinical education provides a context in which students can learn and apply the traditional law school curriculum. There is a danger, however, that clinical education will focus on technical skills without honing analytical skills such as ends-means analysis. The supervisor plays a crucial role in structuring the clinical experience into an educational one, from which students develop approaches to solving legal problems in practice. If the pitfalls are …

Grappling With A Grotian Moment: Sovereignty And The Quest For A Normative World Order, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf

Faculty Articles and Papers

No abstract provided.

On First Considering Whether Law Binds, Rex J. Zedalis

Indiana Law Journal

No abstract provided.

The Culture Of Capital: Comments On Conley & O'Barr, Geoffrey P. Miller

North Carolina Law Review

No abstract provided.

From A Distance: Responding To The Needs Of Others Through Law, Lucie E. White

Montana Law Review

From a Distance: Responding to the needs of others through law

The Rule Of Law And The Politics Of Fear, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this essay, I employ the methodology of narrative jurisprudence to develop briefly some critical reflections on the nature and function of law in Northern Ireland, and in so doing to give voice to what bell hooks has called a "subjugated knowledge". In order to achieve this goal I will draw upon the interdisciplinary insights of neo-marxist, feminist and critical political and social theory, and psychoanalysis. In Part II, I will interpret my own experiences of law in Northern Ireland through the adumbration of neo-Marxist inspired theory of the nature and function of law in a western liberal democratic society. …

The Nature And Purposes Of Advocacy For People With Disabilities, Errol Cocks, Gordon Duffy

Research outputs pre 2011

Although all human beings experience vulnerability, people with disabilities experience heightened vulnerability. For some people, the consequences of this heightened vulnerability may include social devaluation, physical and social rejection, a loss of control over important areas of their lives and brutalisation. Advocacy is one vital response to vulnerability and its consequences. This monograph presents the results of the National Advocacy Research Project which involved an analysis of the status of advocacy for people with disabilities within Australia and provides direction for the future development of advocacy nationally. The monograph explicates the need for and the purposes of advocacy for people …

Novel Scientific Evidence In Criminal Cases: Some Words Of Caution, Andre A. Moenssens

Journal of Criminal Law and Criminology

No abstract provided.

Vmi Essays: The Curious Case Of The Virginia Military Institute: An Essay On The Judicial Function, Allan Ides

Washington and Lee Law Review

No abstract provided.

The Solomonic Paradox Revisited: Should Custody Proceedings Determine A Child's Religion?, Jason S. Marks

Santa Clara Law Review

No abstract provided.

Sociology Of Law For A Postliberal Society, Frank W. Munger

Articles & Chapters

No abstract provided.

Racist Health Care: Reforming An Unjust Health Care System To Meet The Needs Of African-Americans, Vernellia R. Randall

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Practice And Prospect Of Victim-Offender Programs, Harry Mika

SMU Law Review

No abstract provided.

Paul O'Mahony, Crime And Punishment In Ireland, Donal E.J. Mac Namara

Fordham International Law Journal

Only within the last decade, however, have courses in comparative justice systems proliferated, usually in schools or departments of criminology, criminal justice, police and/or corrections administration, and more frequently in graduate than undergraduate programs. Several factors contribute to the lack of interest in comparative criminology. First, the United States has had a long history of isolationism. A second area of difficulty arises from the paucity of readily available source materials available to professors and students. English on the criminal justice systems of non-English speaking nations are much more limited and of widely varying quality. Courses on comparative criminal justice, offered …

The Economic Way Of Looking At Life, Gary S. Becker

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Appellate Settlement Conference Programs: A Case Study, Susan A. Fitzgibbon

Journal of Dispute Resolution

The 1990s may be the decade in which the courts bring alternative dispute resolution "in house." Professor Owen Fiss' nightmare that private settlement will rob courts of cases for the dispensation of justice and the furtherance of societal goals3 has become Professor Carrie Menkel-Meadow's foreboding that the courts will "co-opt" and drain the life from true alternative dispute resolution (ADR) processes.4 It may be argued that appellate court-sponsored settlement programs dodge both of these criticisms because parties have had a day in court, the process is a form of mediation, and the settlement is thus final only if the parties …

The Other Side Of Religion, William P. Marshall

UC Law Journal

Religion is subject to both formal and informal constraints in its involvement in the political process.

The formal constraint is the Establishment Clause. It limits the extent to which religion may be benefitted or endorsed by government action. The informal constraint is the rhetorical objection that is often raised against religion when it attempts to enter the political arena and involve itself in public decisionmaking. Whether these constraints are warranted is currently a matter of significant political and academic debate.

In his Essay, Professor Marshall argues that the constraints placed upon religion are justified. Relying on Fyodor Dostoevsky's Grand Inquisitor …