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Vol. 10 No. 3 (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 …

1987 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

Egon Brenner, Executive Vice President; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem

Invocation:

Rabbi Efrom Judah Gross, Class of 1987

Welcome:

Monroe E. Price, Dean

Commencement Address:

Marian Wright Edelman, President, Children’s Defense Fund

Conferring of Degree:

Dean Price

Musical Interlude

Remarks:

Dr. Miller

Jacob Burns, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Noel A. Ferris, Class of 1980

Awards and Honors:

Dean Price

Mr. Burns

Remarks:

Adam R. Spilka, Class of 1987

Hatikvah

Recessional

Water As A Public Resource: The Legal Basis, Charles F. Wilkinson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains 2 pages of references.

Includes unsigned annotations by David Getches.

Women And Poverty, Marie Ashe

West Virginia Law Review

No abstract provided.

The First Principle Of Real Reform: The Role Of Science In Constitutional Jurisprudence, John M. Conley

North Carolina Law Review

No abstract provided.

The Evolution Of American Attitudes And Laws Regarding Ethnic Art And Artifacts: From Cultural Imperialism To Cultural Pluralism, Brian A. Yapko

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Legality And Empathy, Lynne N. Henderson

Michigan Law Review

This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …

The Hermeneutics Of Indian Law, Robert A. Williams Jr.

Michigan Law Review

A Review of American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy by Charles F. Wilkinson

1987 Cslife (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Finding the “Human Roots” of Our Legal System, page 1

CSL Going to Nat’l Trial Competition Finals This Month, page 2

Law and the Critical Tradition, page 2

Words of Wisdom, page 2

ITAP — “The Most Fantastic Learning Experience”, page 3

First Amendment Focus of Gannett Conference, page 3

Alumni News, page 4

Supreme Court Swearing-In, page 4

Early Entry Students Diverse, page 5

Bet Tzedek Wins State Award, page 5

Alumni Association Awards Eight Scholarships, page 5

Faculty Notes, page 6

Dr. Lillian and Dr. Rebecca Chutick Library — A State-of-the-Art Tool, page 7

Introduction, Bryant G. Garth

Indiana Law Journal

No abstract provided.

And Law (Or Further Adventures Of The Jondo), Allan C. Hutchinson

Buffalo Law Review

No abstract provided.

The Use Of Empirical Data In Formulating Bankruptcy Policy, Teresa A. Sullivan, Elizabeth Warren, Jay Lawrence Westbrook

Law and Contemporary Problems

No abstract provided.

Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye

Duke Law Journal

No abstract provided.

The Move To Institutions, David Kennedy

Cardozo Law Review

No abstract provided.

Beyond A Black And White Reading Of Sections 1981 And 1982: Shifting The Focus From Racial Status To Racist Acts, Linda A. Lacewell, Paul A. Shelowitz

University of Miami Law Review

No abstract provided.

American Indian Sacred Religious Sites And Government Development: A Conventional Analysis In An Unconventional Setting, Mark S. Cohen

Michigan Law Review

For centuries, American Indians have regarded specific lands as essential to their livelihood, government, culture, and religion. Congress and the courts have at times recognized the important relationship between tribes and their lands. Recognition has not always coincided with protection; during the nineteenth century and part of the twentieth century a series of governmental actions resulted in the tribes surrendering title and possession to many of their ancestral lands. Recently, however, American Indians have become increasingly active litigants in a variety of contexts. In one set of cases, Indians challenged government development projects on public lands, contending that because the …

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Book Review, Jonathan L. Entin

Notre Dame Law Review

No abstract provided.

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Seattle University Law Review

This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and capital punishment.

There Are No Strikes In Taiwan: An Analysis Of Labor Law In The Republic Of China On Taiwan, Jane Kaufman Winn

Maryland Journal of International Law

No abstract provided.

One River, Three Sovereigns: Indian And Interstate Water Rights, A. Dan Tarlock

Land & Water Law Review

No abstract provided.

Reflections On The Symposium: An Ordered Inquiry Into The Relation Of Civil Rights Law And Religion, William J. Wagner

Scholarly Articles

No abstract provided.

The Province And Function Of Law, Science And Medicine: Leeways Of Choice And Patterns Of Discourse, George P. Smith Ii

Scholarly Articles

On November 20 1973 Julius Stone presented the tenth annual Mooers Lecture, entitled, "Knowledge, Survival, and The Duties of Science", at American University in Washington, D.C.' The central question and theses which he propounded then, could and indeed, should be raised anew today - for they form the very core of the province and function of law, science and medicine in our brave new world of today and tomorrow and they point also to the leeways of choice and patterns of discourse that exist in grappling with this central issue and possibly forging a consensus opinion for a subsequent course …

Constructing A Constitution: "Original Intention" In The Slave Cases, James Boyd White

Maryland Law Review

No abstract provided.

Oral History: Justice Bernard S. Jefferson, Hastings Constitutional Law Quaterly

UC Law Constitutional Quarterly

No abstract provided.

Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post

Villanova Law Review (1956 - )

No abstract provided.

Law, Facts, And Persons: Police Powers, Neutral Principles, And Constitutional Change, H. N. Hirsch

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

No abstract provided.

Revocation Of Academic Degrees By Colleges And Universities, Bernard D. Reams Jr.

Faculty Articles

Recently, courts have decided that private and public colleges and universities can revoke degrees due to academic dishonesty. A university's authority to revoke degrees is supported by a logical extension of its conferral power, "black letter" contract law, and the precedential authority of Crook v. Baker, Waliga v. Board of Trustees of Kent State University, and Abalkhail v. Claremont University Center.

Although colleges enjoy great discretion in deciding whether to confer degrees, once the college grants a degree, its discretion to revoke that degree is governed by due process guidelines. In Crook, the university involved was public, triggering the applicability …

Intellectual Integration, James Boyd White

Articles

In this paper, I want to talk about the activity of intellectual integration itself: about what it can mean to integrate-to put together in a complex whole-aspects of our culture, or of the world, that seem to us disparate or unconnected; and what it can mean in so doing to integrate-to bring together in interactive life-aspects of our own minds and beings that we normally separate or divide from each other: I want to think of integration, that is-and of its opposite, disintegration-as taking place on two planes of existence at once, the cultural and the individual. For what is …

Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman

Articles & Book Chapters

Prompted by questions raised in A Feminist Perspective in the Academy: The Difference It Makes, Mossman questions whether or not feminist theory, namely as it concerns equality and the impact of women as key actors, could impact the structure of legal inquiry.