Digital Commons Network^™

Faith In The Republic: A Frances Lewis Law Center Conversation, Thomas L. Shaffer, Stanley Hauerwas, Sanford Levinson, Mark V. Tushnet, Harlan R. Beckley, Lewis H. Larue, Ann M. Massie, David K. Millon, R. Neville Richardson, O. Kendall White

Journal Articles

This is a spontaneous conversation discussing Hauserwas’ singular political theology in response to Levinson and Tushnet’s constitutional jurisprudence. It developed into a highly interesting debate concerning constitutional faith. This conversation was recorded at Washington and Lee’s Law Center on December 11, 1987.

The Role Of Pathology In First Amendment Theory: A Skeptical Examination, Martin H. Redish

Case Western Reserve Law Review

No abstract provided.

Toward Domestic Recognition Of A Human Right To Language, Bill Piatt

Faculty Articles

There is no clearly defined “right to language” in the United States. Yet, there do exist sources of such a right. For example, a constitutionally protected right to express oneself or receive communications in a language other than English is supported by a number of federal court decisions. Further, there may be a first amendment right to receive broadcast programming in languages other than English, and some federal statutes even provide a guarantee of the exercise of language rights in a number of public and civic contexts.

In spite of these sources for a right to language, it is an …

The Legal Ethics Of Belonging, Thomas L. Shaffer

Journal Articles

Socrates went around Athens telling law teachers and law students that their highest concern should be to be good people. And, he said, the next and consequent concern of the profession should be to show the citizens of Athens how to be good people. For Socrates, as for virtually all of classical moral philosophy and much of Jewish and Christian moral theology, ethical discussion is discussion about the good person. When we talk about Aristotle's man of practical wisdom, or when we talk about heroes, saints, role models, paragons, or professional examplars, it is the good person we are talking …

Homosexuality And Social Policy: The Case For A More Informed Approach, D. J. West

Law and Contemporary Problems

No abstract provided.

Making Sense Of Modern Jurisprudence: The Paradox Of Positivism And The Challenge For Natural Law, Philip E. Soper

Articles

Karl Llewellyn once said, referring to Roscoe Pound's work m jurisprudence, that it was difficult to tell on what level the writing proceeded: sometimes it seemed to be little more than bedtime stones for a tired bar; at other tunes it appeared to be on the level of the after-dinner speech or a thought provoking essay, neither of which were quite the "considered and buttressed scholarly discussion" that one expected to find. Llewellyn's complaint serves as a warning, though a somewhat ambiguous one, to those who give lectures on jurisprudence.

On the one hand, I do not plan to present …

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

An Argument For Indian Status For Native Hawaiians--The Discovery Of A Lost Tribe, Richard H. Houghton Iii

American Indian Law Review

No abstract provided.

Book Review: Lempert And Sanders, Invitation To Law And Social Science, Frank W. Munger

Other Publications

No abstract provided.

An Essay On Constitutional Interpretation, Noel Lyon

Osgoode Hall Law Journal

The Article sets out a theory of interpretation where the Charter reflects an authoritative standard of public policy. It is not to be used only as a test of legality but as a test of legitimacy. Section 35 of the Constitution on aboriginal rights offers an opportunity in which the Charter's central concept of fundamental justice in the context of a free and democratic society can be applied to break out of sterile common law conceptions and interpretations. The questions of legitimacy and public policy are instrumental to the way we govern ourselves.

Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Professional Qualification And Educational Requirements For Law Practice In A Foreign Country: Bridging The Cultural Gap, Roger J. Goebel

Faculty Scholarship

This Article will discuss preparation for transnational legal practice, and the extent of the right to engage in transnational legal practice in major commercial centers. It is divided into five parts: (I) the role of the transnational lawyer in bridging the cultural gap; (II) education in preparation for transnational practice; (III) professional qualification requirements for foreign lawyers in New York and several major commercial centers abroad; (IV) the extent of the lawyer's right to provide services and the right of professional establishment in the EEC; and (V) some general reflections on desirable qualification requirements for law firms and individuals to …

The Faces Of Justice And State Authority & Constitutional Law Deskbook, Mary Benge Sanchez, Jeremy M. Miller

Tulsa Law Review

No abstract provided.

Tribal Powers To Regulate Hunting In Alaska, Heather Noble

Alaska Law Review

No abstract provided.

The Opinion Volume 28 Number 5 – October 28, 1987, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 28, 1987

Limits On The Use Of Economic Analysis In Judicial Decisionmaking, Patricia M. Wald

Law and Contemporary Problems

No abstract provided.

Economics And Judging: An Afterword On Cooter And Wald, Stephen G. Breyer

Law and Contemporary Problems

No abstract provided.

The Opinion Volume 28 Number 3 – September 30, 1987, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 30, 1987

Vol. 11 No. 1 (1987): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Excluded Voices: New Voices In The Legal Profession Making New Voices In The Law, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

Reflections On The Significance Of The Sex/Gender System: Divorce Law Reform In New York, Isabel Marcus

University of Miami Law Review

No abstract provided.

Reflections On The Significance Of The Sex/Gender System: Divorce Law Reform In New York, Isabel Marcus

Journal Articles

No abstract provided.

Vol. 11 No. 1 (1987): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Contributors: Vol 11 No. 1, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 11 (1987): Pacific Studies Full Issue 1

Deborah Bird Rose's Review Of Marc Gumbert's Neither Justice Nor Reason: A Legal And Anthropological Analysis Of Aboriginal Land Rights, Deborah Bird Rose

Pacific Studies

No abstract provided.

Hunger And Nutrition Problems Among American Indians: A Case Study Of North Dakota; Hearing Before The Select Committee On Hunger House Of Representatives One Hundredth Congress First Session, Hearing Held In New Town, Nd July 10, 1987, United States Congress, Us House Of Representatives

US Government Documents Related to Indigenous Nations

This report from the United States (US) House Select Committee on Hunger, dated July 10, 1987 includes the transcript of a hearing held in New Town, North Dakota focused on nutrition and diabetes among Three Affiliated Tribe members on the Fort Berthold Reservation. The hearing includes expert testimony from health and nutrition experts and residents of the Fort Berthold Reservation. The opening statement made by Representative Mickey Leland acknowledges the devastating impact that the Garrison Dam had on the Three Affiliated Tribes and he indicates that in addition to the information from the hearing, he will also consider the recommendations …

Glenn Petersen's Review Of Norman Meller's Constitutionalism In Micronesia & Ralph R. Premdas And Jeff S. Steeves's Decentralisation And Political Change In Melanesia, Glenn Petersen, Norman Meller

Pacific Studies

No abstract provided.

Contributors: Vol 10 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 10 (2009): Pacific Studies Full Issue 3

Vol. 10 No. 3 (1987): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …