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Homelessness: An Introduction And Bibliography, Louis J. Sirico Jr. Jan 1991

Homelessness: An Introduction And Bibliography, Louis J. Sirico Jr.

Villanova Law Review (1956 - )

No abstract provided.


Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller Jan 1991

Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller

Articles

Our word law is a loanword from Old Norse.1 It makes its earliest appearances in Old English manuscripts in the late tenth century. At that time the Old English word for law was, believe it or not, æ, written as a digraph called "ash." Now most readers, myself included, tend to experience anxiety when we confront a ligatured vowel like ae and so we untie it as a prelude to getting rid of it altogether: we turn an aesthete2 into an aesthete before finally humiliating him (or her) as an esthete, all to resolve our nervousness. King Æthelred the Unready …


Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker Jan 1991

Public Opinion Polls And Surveys As Evidence: Suggestions For Resolving Confusing And Conflicting Standards Governing Weight And Admissibility , Susan J. Becker

Law Faculty Articles and Essays

Section I provides a basic overview of public opinion polls, beginning with a brief explanation of the current popularity of this type of data, followed by a discussion of the courts' historic treatment of survey evidence and a review of modern standards which courts use in evaluating the weight and admissibility of polling data. The exact "rules" governing the conduct of litigants and their respective counsel in commissioning and executing a survey and those governing the courts' refereeing of evidentiary disputes over polling data remain unclear. These unresolved issues are discussed in Section II. Suggestions for moving toward a more …


Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers Jan 1991

Note, Sex(Ual Orientation) And Title Vii, I. Bennett Capers

Faculty Scholarship

No abstract provided.


Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis Jan 1991

Edmonson V. Leesville Concrete Co.: Will The Peremptory Challenge Survive Its Battle With The Equal Protection Clause, 25 J. Marshall L. Rev. 37 (1991), Steven M. Puiszis

UIC Law Review

No abstract provided.


Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.


From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow Jan 1991

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …


A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb Jan 1991

A Theory-Practice Spiral: The Ethics Of Feminism And Clinical Education, Phyllis Goldfarb

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

No abstract provided.


Autonomy, Debate, And Corporate Speech, David Shelledy Jan 1991

Autonomy, Debate, And Corporate Speech, David Shelledy

UC Law Constitutional Quarterly

No abstract provided.


An American Tradition: The Religious Persecution Of Native Americans, John Rhodes Jan 1991

An American Tradition: The Religious Persecution Of Native Americans, John Rhodes

Montana Law Review

AN AMERICAN TRADITION: THE RELIGIOUS PERSECUTION OF NATIVE AMERICANS


Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle Jan 1991

Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle

Faculty Scholarship

This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …


The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera Jan 1991

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Faculty Scholarship

No abstract provided.


What Is Legal Therapy And What Is It Doing In The Curriculum - A View From Contracts, Robert Birmingham Jan 1991

What Is Legal Therapy And What Is It Doing In The Curriculum - A View From Contracts, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher Jan 1991

Are There Multiple Paths To Delinquency, David Huizinga, Finn-Aage Esbensen, Anne Wylie Weiher

Journal of Criminal Law and Criminology

No abstract provided.


Explaining Crimes And Analogous Acts, Or The Unrestrained Will Grab At Pleasure Whenever They Can, Hugh D. Barlow Jan 1991

Explaining Crimes And Analogous Acts, Or The Unrestrained Will Grab At Pleasure Whenever They Can, Hugh D. Barlow

Journal of Criminal Law and Criminology

No abstract provided.


Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr Jan 1991

Children Without Homes: Rights To Education And To Family Stability, Stanley S. Herr

University of Miami Law Review

No abstract provided.


Homelessness: Advocacy And Social Policy, Stephen Wizner Jan 1991

Homelessness: Advocacy And Social Policy, Stephen Wizner

University of Miami Law Review

No abstract provided.


Representing "The Real Deal", Lucie White Jan 1991

Representing "The Real Deal", Lucie White

University of Miami Law Review

No abstract provided.


Postmodern Identity And The Legal Subjest, Jennifer Wicke Jan 1991

Postmodern Identity And The Legal Subjest, Jennifer Wicke

University of Colorado Law Review

No abstract provided.


Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle Jan 1991

Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle

University of Colorado Law Review

No abstract provided.


Comments On Jamie Boyle's "Postmodern Subjects In Legal Theory", David Kennedy Jan 1991

Comments On Jamie Boyle's "Postmodern Subjects In Legal Theory", David Kennedy

University of Colorado Law Review

No abstract provided.


The Imprimatur Of Recognition: American Indian Tribes And The Federal Acknowledgment Process, Rachael Paschal Jan 1991

The Imprimatur Of Recognition: American Indian Tribes And The Federal Acknowledgment Process, Rachael Paschal

Washington Law Review

The Bureau of Indian Affairs administers a program to federally acknowledge unrecognized Indian tribes. The federal acknowledgment process requires that petitioning tribes meet stringent anthropological, historical, and genealogical criteria. These criteria, however, do not accurately reflect prior standards of federal recognition, and the Bureau of Indian Affairs inconsistently interprets them from petition to petition. This Comment describes the background of federal recognition in the executive branch of the government and analyzes the program and its criteria through a comparison of BIA-issued final decisions. This Comment further suggests reform of the federal acknowledgment process through legislative restructuring. In particular, the legislature …


The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera Jan 1991

The Boarder Baby And Foster Care Crises In New York City: Problems Of Policy And Poverty, James S. Bowen, Madeline Morris, Jose M. Rivera

Journal of Law and Health

In this article, we will examine the conditions which have created the boarder baby epidemic and the attendant problem of lack of availability of foster care. We will briefly examine the social, cultural, psychological and political parameters which have determined the dynamics of this problem. Finally, we will review some earlier attempts toward the resolution of the problem and provide an overview evaluating the bona fides of those approaches. Our analysis will also draw upon relevant events which have occurred in other American cities that help us to understand this problem.


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1991

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year was considerably more tranquil than recent years with regard to legal developments involving children. For example, there were no major United States Supreme Court decisions directly affecting children, and the 1991 Virginia General Assembly's actions impacted on children mainly through budget cuts and the disappointing abolition of the Department for Children - a result of those cuts. Virginia's child labor laws were extensively revised in 1991, but few of these revisions will make a noticeable difference in the work relationships of the state's youth because they largely conform state law to existing federal law. Finally, legislation was …


From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow Jan 1991

From Class Actions To Miss Saigon: The Concept Of Representation In The Law, Martha L. Minow

Cleveland State Law Review

The representation debates over casting "Miss Saigon" and law school faculties reflect the prevalence of contemporary assumptions about group differences. They reflect arguments made on behalf of historically excluded groups that group membership serves as a proxy for shared experiences and especially common experiences as victims of societal prejudice. Opponents, styled as defenders of neutrality, resist such arguments because they undermine the commitment to treating individuals as individuals. Maybe we can understand the debates better by seeing connections to deeper confusions about the concept of representation throughout our society, made especially vivid in legal and political contexts. If treated as …


The Problem Of The State In Centesimus Annus, Russell Hittinger Jan 1991

The Problem Of The State In Centesimus Annus, Russell Hittinger

Fordham International Law Journal

Part I will examine some salient differences between Rerum Novarum and Centesimus Annus with respect to the nature of the political state. In Part II, we will take up the problem of rights. In particular, we shall ask why the encyclical never mentions the term “natural law” even though it contains several enthusiastic references to natural rights. I conclude by taking a broader measure of the discussion, especially in terms of the cultural and religious issues.


Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg Jan 1991

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste Jan 1991

United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste

Colorado Environmental Law Journal

No abstract provided.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1991

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1991 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia ("Code"). In addition to this legislation, there were six cases from the Supreme Court of Virginia and one from the Virginia Court of Appeals, in the year ending June 1, 1991, which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.


To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson Jan 1991

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …