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Beyond Liberalism And Its Critics: An Essay In Constitutional Theory, Marcus Faro De Castro

Dalhousie Law Journal

Contemporary legal culture spends a great deal of energy in generating arguments about constitutional law. Typically, such arguments concern the determination of the content of constitutional clauses which define the meaning and extension of governmental powers, individual rights and civil liberties, the allocations of power among different departments of government, or among local and supra-local spheres of government, and so forth.

Justice Holmes And The Art Of Biography, Sheldon M. Novick

William & Mary Law Review

No abstract provided.

A Bibliography Of Humor And The Law, James D. Gordon Iii

BYU Law Review

No abstract provided.

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner

Michigan Law Review

A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr

Evidence Rules And The Ritual Functions Of Trials: Saying Something Of Something, Mark Cammack

Loyola of Los Angeles Law Review

No abstract provided.

Optimal Regulation Of Aids, Richard A. Posner, Tomas J. Philipson

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Child Welfare Law, "Best Interests Of The Child" Ideology, And First Nations, Marlee Kline

Osgoode Hall Law Journal

Liberalism has structured legal discourse such that racism is most often unintended and rarely explicit. To understand how and why law has an oppressive and discriminatory impact on First Nations and other racialized groups in Canadian society, one must look at some of its more subtle processes and, in particular, its ideological form. The goal of this article is to provide insight into the origins and operation of "best interests of the child" ideology and to illustrate how it structures and constrains judicial decision making in the context of First Nations child welfare. Best interests ideology serves to portray the …

Screening And Treatment Of Newborns, Ellen Wright Clayton

Vanderbilt Law School Faculty Publications

With the advent of new genetic technologies and the Human Genome Initiative, interest in the problems posed by genetic diagnostics in general, and by genetic screening in particular, has surfaced. Many recent works focus on the problems posed by the "new genetics" in the contexts of prenatal diagnosis, carrier detection, employment, and insurance. In the midst of all this discussion, the routine testing of newborns for genetic disorders seems relatively uncomplicated and has, in fact, become "a part of common practice and accepted public policy with little thought having been given to the implications." The relative lack of concern about …

Reinhard Zimmermann, The Law Of Obligations: Roman Foundations Of The Civilian Tradition (1990), R. H. Helmholz

Duke Journal of Comparative & International Law

No abstract provided.

The Culture Of Capital: An Anthropological Investigation Of Institutional Investment, John M. Conley, William M. O'Barr

North Carolina Law Review

No abstract provided.

Salt Equalizer, Vol. 1992, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Nell Jessup Newton, Weekend in the Woods: Fifth Annual Cover Conference, at 1.

Sylvia A. Law, President's Column, at 1.

Lucie White, Lawyers Challenging Apartheid: The Legal Resources Centre in South Africa, at 2.

Howard A. Glickstein, Book Review: Racism and Justice: The Case for Affirmative Action, at 4.

Patricia J. Williams, Refusing to be Silenced: The Bread and Circus Literacy Test, at 5.

The Emergence Of Parliamentary Politics In Tonga, I. C. Campbell

Pacific Studies

No abstract provided.

States And Societies In The Pacific Islands, Peter Larmour

Pacific Studies

No abstract provided.

The Jurisprudence Of Genetics, Rochelle C. Dreyfuss, Dorothy Nelkin

Vanderbilt Law Review

In recent years, genetic research has ascended the list of national research priorities. From among the many weighty claims on the fisc, Congress has chosen to provide significant federal support for the Human Genome Initiative, a project aimed at mapping the complete set of genetic instructions that form the structure of inherited attributes. Geneticists anticipate that the project will disclose important new in- formation on human development and disease. Some go further. One influential scientist remarked that this work is "the ultimate answer to the commandment 'Know thyself.' ""

The decision to fund this Initiative, the largest biology project in …

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.

Law And Sociology: Some Consequences For The Law Of Employment Discrimination Deriving From The Sociological Reconstruction Of Economic Theory, Mark Gould

Cardozo Law Review

No abstract provided.

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.

Vol. 2, No. 01 (January 13, 1992)

Indiana Law Annotated

No abstract provided.

"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet

Communication Studies

No abstract provided.

Expanding The Role Of The International Court Of Justice To Resolve Interethnic Conflict And Protect Minority Rights, Paul J. Magnarella

Florida State University Journal of Transnational Law & Policy

Despite the prevalence of interethnic conflict and its threat to world order, the global constitutive process offers no universal mechanism, such as an international tribunal, to adjudicate the claims advanced by non-state, ethnic minorities. This author advocates establishing such a mechanism. During our present century, the power of politicized ethnicity in international and intra-state affairs repeatedly manifests itself around the globe in countries old and new. Ethnopolitical movements involve the mobilization of people on the bases of cultural characteristics, such as language, tradition, religion, homeland, and selected physical traits. Ethnopolitics significantly affects the world order. In 1973, Walter Connor wrote: …

Covenant And Feminist Reconstructions Of Subjectivity Within Theories Of Justice, Janet Moore

Faculty Articles and Other Publications

This Article bridges the dichotomy between communitarian and liberal social contract conceptions of subjectivity by excavating the deeply rooted meaning of covenant as a promissory relationship constitutive of identity. I trace the covenant paradigm’s role in formative debates over the creation of “We the People” as a constitutional subject. I connect tensions in that debate with polarities between freedom and equality and between the private and social construction of first-order value claims. I argue that feminist-intersubjectivist critiques of Rawls’ Theory of Justice can benefit from a careful mining of the covenant paradigm’s emancipatory potential for metaethical and constitutional doctrine.

Post-Revolutionary Law And Economics:A Foreword To The Symposium, Anthony D'Amato

Faculty Working Papers

The Lanec (short for Law and Economics) movement of the 1970s hit the legal landscape like a nuclear device and permanently irradiated it. A couple of decades later, as we sift through the fallout, we are entitled to ask whether anything fundamental has changed. Every contributor to this Symposium seems to answer yes. Maybe they're like the book reviewer who believes deep in her heart that the book is worthless, but if she reveals it the editor will conclude that there is no point in printing her review. Let me put my own biases on the table. In general I …

Training The Modern Lawyer: Incorporating The Study Of Mediation Into Required Law School Courses, Beryl Blaustone

Publications and Research

No abstract provided.

Santa Clara Magazine, Volume 34 Number 2, Winter 1992, Santa Clara University

Santa Clara Magazine

12 - 3 PATHS TO POLITICS Dee Dee Myers '83, Gary Serda '82, and Janet Napolitano '79 have taken three decidedly different roads to political careers. By Kathy Daile-Molle '85

18 - WHAT DO YOU WANT TO BE WHEN YOU GROW UP? Increasingly, people are finding themselves making several career transitions throughout their work lives. By Mike Brozda '76

22 - EL CENTRO: THE EYE OF THE STORM For San Jose's Hispanic community, this mental health clinic, whose counselors are primarily SCU grads, provides a respite from the turbulence of life in a strange culture. By Susan Frey

24 - …

Avalon Ethics, Thomas D. Eisele

Faculty Articles and Other Publications

Book review of Thomas Shaffer & Nancy Shaffer, American Lawyers and Their Communities (1991)

Decisions By And For People With Mental Retardation: Balancing Considerations Of Autonomy And Protection, James W. Ellis

Faculty Scholarship

This Article will attempt to analyze some of the considerations that should inform enlightened and compassionate public policy in this area. Section I will describe briefly the definition of mental retardation and common attributes of people who have the disability and the social and political world in which they live within our society. Section II will sketch some of the contexts in which legal issues about decision-making arise in the lives of people with mental retardation. Section III will discuss the generic legal doctrines of consent which form the backdrop for legal analysis of these problems, with particular attention to …

Neither Fish, Nor Flesh, Nor Good Red Herring Lok Adalats: An Experiment In Informal Dispute Resolution In India, Sarah Leah Whitson

UC Law SF International Law Review

In India, attempts to provide speedy and informal resolution of disputes through conciliation and mediation have focused on the institution of the Lok Adalat, which means the "people's courts." The Lok Adalat courts aim at extending access to the judicial system and providing a means of dispute resolution which is sensitive to the variety of indigenous methods. This Article examines the Lok Adalat courts both theoretically and in practice.

Religious Participation In Public Programs--Religious Freedom At A Crossroads, Michael W. Mcconnell

Articles

No abstract provided.

Relative Preferences, Richard H. Mcadams

Articles

No abstract provided.