Digital Commons Network^™

Secular Contribution Of Religion To The Political Process: The First Amendment And School Aid, The , Louis J. Sirico Jr.

Missouri Law Review

In this Article, I first develop the thesis and evaluate objections to it. I also relate it to the thinking of the Constitution's Framers. Modern Supreme Court cases on church and state then are reviewed in search of acknowledgement of the positive dimensions of church-state relations. I conclude by applying the thesis to cases dealing with government aid to church-related schools and their students.

Vol. 8 No. 2 (1985): 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 …

William E. H. Tagupa's Review Of Marion Kelly's Nā Māla O Kona, The Gardens Of Kona: A History Of Land Use In Kona, HawaiʻI, William E. H. Tagupa

Pacific Studies

No abstract provided.

Vol. 8 No. 2 (1985): 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 …

R. A. Herr's Review Of The Proceedings Of The Politics Of Evolving Cultures In The Pacific Islands, R. A. Herr

Pacific Studies

No abstract provided.

Measuring The Costs Of Civil Justice, Edward Brunet

Michigan Law Review

A Review of Costs of the Civil Justice System: Court Expenditures for Various Types of Civil Cases by J.S. Kakalik and R.L. Ross

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer

Some Enlightenment On Crime, Shirley S. Abrahamson

Michigan Law Review

A Review of Encyclopedia of Crime and Justice Edited by Sanford H. Kadish

Brief Of Appellee The Skokomish Indian Tribe - United States V. Skokomish Indian Tribe, Docket No. 84-3894 (764 F.2d 670 (9th Cir. 1985))

United States v. Skokomish Indian Tribe, Docket No. 84-3894 (764 F.2d 670 (9th Cir. 1985))

No abstract provided.

Contract Compensation In Nonmarket Transactions, Joseph P. Tomain

Faculty Articles and Other Publications

Professor Tomain assails the myths holding that contract law is either complete and unitary or hopelessly indeterminate. He contends that a distinction must be made between market situations, which require a more formal analysis, and nonmarket transactions to which a more particularized analysis should be applied. Making the market/nonmarket distinction permits flexibility of methodology and considerations of economics, politics, and morals as appropriate, without forcing the conclusion that contracts analysis is totally without structure. Professor Tomain advocates application of reflective doctrinal analysis which tests the sufficiency of a rule of law and reforms the rule if it is not supported …

Suicide: A Constitutional Right?, Thomas J. Marzen, Mary K. O'Dowd, Daniel Crone, Thomas J. Balch

Duquesne Law Review

Recent advocacy of a right to suicide raises the question of whether statutes which penalize the assistance of suicide and the widespread practice of intervention to stop suicide attempts are unconstitutional. This article considers the claim that the right of privacy or substantive due process encompasses autonomy to do whatever affects no one else, and concludes that the Supreme Court has recognized only those forms of autonomy that it has deemed to be rooted in the traditions and history of our society. After outlining the attitudes toward suicide at various stages in Western Civilization, focusing on Anglo- American history and …

International Human Rights And Cultural Relativism, Fernando R. Tesón

Scholarly Publications

I will argue that cultural relativism cannot be reconciled with the recognition in international law of fundamental rights of the individual. Part II will demonstrate that positive international law does not recognize cultural diversity as a justification for the failure to observe human rights. In Part HI, I will argue further that ethical relativism is a philosophically untenable position. Part IV includes a brief exposition on and critique of two by-products of relativism: the elitist and conspiracy theories of human rights. Finally, Part V sets forth some general conclusions.

History And Legal Discourse: The Language Of The New Legal History [Essay], Samuel J. Astorino

Duquesne Law Review

While the New Legal History has succeeded in establishing itself as an indispensable perspective in the specific study of the evolution of American law, its findings have not yet been incorporated into the mainstream of general American history. One of the chief reasons for this failure is the employment of technical legal language by lawyer-historians in their historical analyses of the common law and the corresponding inability of non-lawyer historians to understand such language. To this extent, general American history remains incomplete in its portrayal of the past, particularly in the area of industrialization.

Television Newscasters And The Bona Fide Occupational Qualification: A Justified Exception To Title Vii, 6 Computer L.J. 157 (1985), Sari Stabler

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

The Continuing Development Of United States Policy Concerning The International Movement Of Cultural Property, Lawrence J. Persick

Penn State International Law Review (1982 - 2011)

This comment will look first at why the illicit traffic of cultural property is an area of controversy and describe what competing interests are involved. Next, the actions that have been taken both on the international level and unilaterally by the United States to counter and possibly solve the problem will be examined. Finally, the still developing policy of the United States will be reviewed and evaluated.

Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki

Northwestern Journal of International Law & Business

This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.

Reflections On Labor, Power, And Society , James B. Atleson

Maryland Law Review

No abstract provided.

Liberal Education And The Legal Profession, James O. Freedman

SMU Law Review

No abstract provided.

Aids: Social Meanings And Legal Ramifications, Janet L. Dolgin

Hofstra Law Review

Judges and legislators have already faced a number of dilemmas posed by AIDS which necessitate the delineation of a concrete boundary between the state's responsibility to protect public health and the individual's right to be protected from governmental intrusion. The legal dilemmas are exacerbated because decisions must be made in the absence of adequate medical knowledge about the cause, epidemiology or treatment of the disease. Moreover, judicial and legislative decisions are being made in a context in which fears about the disease, and metaphors originating from it, are powerful and work to cloud legal categorizations and preclude objective evaluations.

The …

Toward An Intergration Of Criminological Theories, Frank S. Pearson, Neil Alan Weiner

Journal of Criminal Law and Criminology

No abstract provided.

Dynamics Of Legal Systems And Legal Education: Interactions In The United States And Continental Europe, Louis Vogel

Seton Hall Law Review

No abstract provided.

Reflections On Labor, Power, And Society, James B. Atleson

Journal Articles

No abstract provided.

Between The Harvard Founders And The American Legal Realists: The Professionalization Of The American Law Professor, John Henry Schlegel

Journal Articles

No abstract provided.

Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

University of Michigan Journal of Law Reform

Although this paper will reach a wider audience, in it I mean mainly to address the students and faculty of the University of Michigan Law School. It is meant to be part of a conversation in which members of this community talk to each other about the life they share.

I have written elsewhere about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in ·the process of legal education, on one side of the podium or the other, and wish to say something of what I …

The Admissibility Of Novel Scientific Evidence: The Current State Of The Frye Test In Wisconsin, Gary J. Van Domelen

Marquette Law Review

No abstract provided.

Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey

Journal Articles

Over the last several decades, there has been an increasing trend to move away from general prohibition against gambling and to move towards legalizing various forms of gambling. This Article traces the pre-revolutionary roots concerning the law of gambling and breaks the discussion into three types: gaming, lotteries, and wagering. In particular, the discussion focuses on the law and practice of the English prior to 1776 and the law and practice of the Early Colonial Period from 1929-1776. The Author proposes that an understanding of the past is needed in order to reform the law of gambling without succumbing to …

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

Articles

In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …

On 'Positivism' And 'Legal Rational Authority', John M. Finnis

Journal Articles

This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.