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Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Gitksan-Wet' Suwet'en As 'Primitive' Peoples Incapable Of Holding Proprietary Interests: Chief Justice Mceachern's Underlying Premise In Delgamuukw, B. Douglas Cox

Dalhousie Journal of Legal Studies

In May of 1987, the Gitksan aboriginal people entered the Canadian legal system to seek justice. It was an unprecedented opportunity for Chief Justice McEachern of the British Columbia Supreme Court to find a just and lawful process to place the Gitksan within the context of Canada. Almost four years later, the Chief Justice handed down his "Reasons for Judgement" in Delgamuukw et al. v. The Queen (8 March 1991). The decision in Delgamuukw was a stunning disappointment. The Chief Justice concluded that according to Anglo-European law the Royal Proclamation of 1763 does not apply in British Columbia and that …

Beyond The River Basin: The Changing Geography Of International Water Problems And International Watercourse Law, James L. Wescoat

Colorado Environmental Law Journal

No abstract provided.

Constitutional Theory Beyond Left And Right, Gerard V. Bradley

Journal Articles

Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)

Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.

Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley

Journal Articles

Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.

Collaborative Authorship And The Teaching Of Writing, Andrea A. Lunsford, Lisa Ede

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Proof In Law And Science, David H. Kaye

Faculty Scholarship

This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

Federal Acknowledgement Of American Indian Tribes: Authority, Judicial Interposition, And 25 C.F.R. § 83, William W. Quinn Jr.

American Indian Law Review

No abstract provided.

Speaking Of Rights, Janet Ainsworth

Faculty Articles

Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.

Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth

Faculty Articles

The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her article, Professor Ainsworth asserts that the way in which Western scholars to date analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship. Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. This …

Judicial Deference To Nonlegal Decisionmakers: Imposing Simplistic Solutions On Problems Of Cognitive Complexity In Mental Disability Law, Donald N. Bersoff

SMU Law Review

No abstract provided.

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …

The Indian Tradition In Early American Law, Yasuhide Kawashima

American Indian Law Review

No abstract provided.

Aboriginal Claims To Cultural Property In Canada: A Comparative Legal Analysis Of The Repatriation Debate, Catherine Bell

American Indian Law Review

No abstract provided.

One Is Missing: Native American Graves Protection And Repatriation Act: An Overview And Analysis, June Camille Bush Raines

American Indian Law Review

No abstract provided.

Clinical Scholarship And The Justice Mission, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

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The Feminist Transformation Of Lawyering: A Response To Naomi Cahn, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

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Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin

Articles & Chapters

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Less Law Than Meets The Eye, David D. Friedman

Michigan Law Review

A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson

A Qualitative Theory Of The Dead Hand, William K.S. Wang, Adam J. Hirsch

Faculty Scholarship

No abstract provided.

Outsider Scholarship: The Law Review Stories, Mary I. Coombs

Articles

No abstract provided.

Disabled Clients, Disabling Lawyers, Anthony V. Alfieri

Articles

No abstract provided.

Author/Izing The Celebrity: Publicity Rights, Postmodern Politics, And Unauthorized Genders, Rosemary J. Coombe

Cardozo Arts & Entertainment Law Journal

No abstract provided.

International Dimensions, Teresa Mcguire

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Dancing To Music: An Interpretation Of Mutuality, Ronald R. Garet

Kentucky Law Journal

No abstract provided.

Fragments On The Deathwatch, Louise Harmon

Scholarly Works

No abstract provided.

Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell

Cardozo Law Review

No abstract provided.

Afformative, Strike, Werner Hamacher

Cardozo Law Review

Walter Benjamin: Justice, Right and the Critique of Violence

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.