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Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

The theme of this issue is deconstructing the concept of human rights, legal elements of bilingual education, and the relationship between language development and education

Near Misses, William I. Miller

Articles

I was recently invited to give a keynote address for a small academic conference whose advertised theme was "Near Misses, Contingencies, and Histories." I have a rough and ready understanding of the near miss, the same kind of understanding we have of most words and phrases that spill out effortlessly in normal conversation. I use it and have heard it used by myriad others to describe a certain style of disappointment and regret. It is a concept generally available to us all, but when coupled with contingencies and histories, as in the title of the conference with its vague suggestions …

Who Authors Trademarks, Steven Wilf

Faculty Articles and Papers

No abstract provided.

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

Touro Law Review

No abstract provided.

Latinos, Assimilation And The Law: A Philosophical Perspective, George A. Martinez

Faculty Journal Articles and Book Chapters

Although Latinos have been in the United States for many years, they have not been completely assimilated into mainstream American society. Separate Latino enclaves, as well as unique Latino cultural practices, demonstrate that Latinos have not fully assimilated. This article responds to those who advocate the use of legal means to ensure Latino assimilation. This article argues that one should reject pressure to assimilate, and instead recognize the worth of distinctive cultural traditions of Latinos and other minorities. Moreover, this article uses philosophical literature to designate important limits on the demand for Latinos and others to assimilate into dominant society. …

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee

St. Mary's Law Journal

A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …

British Masculinities, Canadian Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.

Spirits In The Material World: A Post-Modern Approach To United States Trade Policy, James M. Cooper

American University International Law Review

No abstract provided.

City Of Boerne V. Flores Wrecks Rfra: Searching For Nuggets Among The Rubble, John Gatliff

American Indian Law Review

No abstract provided.

Welcome, Dean Attanasio, Hideo Chikusa

SMU Law Review

No abstract provided.

A Comparative Analysis Of Women's Issues: Toward A Contextualized Approach, Antoinette M. Sedillo Lopez

Faculty Scholarship

"This Article proposes a methodology for comparative analysis of women's rights using insights from critical race theory and feminism. Comparative analysis by a Western scholar must reconcile a perspective developed in the United States with respect for another culture. In discussing women's rights, lawyers, judges, students and sociologists have justified certain women's situations as an inherent aspect of culture. For example, traditional "female genital surgery" has been defended as a "mere bodily mutilation" that is the "sine qua non of the whole teaching of tribal law, religion, and morality." In Mexico, "machismo" has been justified as an immutable characteristic of …

Righting Wrongs On Anuta, Richard Feinberg

Pacific Studies

Apology and compensation are commonly employed to reestablish social harmony when one person causes injury to others, thereby disrupting social order. Here I explore the way in which these mechanisms are utilized by the people of Anuta, a Polynesian outlier in the Solomon Islands. I suggest that compensation and apology need not be counterposed and, in fact, are often intertwined as aspects of a single process. Historical transition from the widespread Polynesian emphasis on rank, respect, collective responsibility, and mutual assistance to a more individualistic and competitive cultural environment has led to changes in Anutan views of right and wrong. …

Gender Sex Agency And Discrimination: A Reply To Professor Abrams , Katherine M. Franke

Cornell Law Review

No abstract provided.

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

Osgoode Hall Law Journal

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

Chemical Castration: Constitutional Issues Of Due Process, Equal Protection, And Cruel And Unusual Punishment, Linda Beckman

West Virginia Law Review

No abstract provided.

Technocentrism In The Law School: Why The Gender And Colour Of Law Remain The Same, Margaret Thornton

Osgoode Hall Law Journal

Despite valiant endeavours by feminist, critical race, and Queer scholars to transform the legal culture, the transformative project has been limited because of the power of corporatism, a phenomenon deemed marginal to the currently fashionable micropolitical sites of critical scholarship. However, liberal, as well as postmodern scholarship, has largely preferred to ignore the ramifications of the "new economy," which includes a marked political shift to the right, the contraction of the public sphere, the privatization of public goods, globalization, and a preoccupation with efficiency, economic rationalism, and profits. I argue that technical reasoning, or "technocentrism," has enabled corporatism to evade …

Foreword: The Right Of Publicity—Towards A Comparative And International Perspective, F. Jay Dougherty

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Regulating Cyberspace: Metaphor, Rhetoric, Reality, And The Framing Of Legal Options, Clay Calvert

UC Law SF Communications and Entertainment Journal

This Article argues that the "information superhighway" metaphor is a strategically chosen rhetorical device used to frame debate about Internet and telecommunications regulation, to implicitly suggest the particular legal choices are more viable-and valid-than others, and to guide the future of law in cyberspace. In particular, the metaphor embraces a commerce-based, marketplace model of regulation that emphasizes speed and quantity of information as a product or good rather than the content or quality of communication and its ability to sustain extant communities and cultures. Along the way, the Article traces the development of the "information superhighway" metaphor and explores some …

Copyright, Culture & (And) Black Music: A Legacy Of Unequal Protection, K. J. Greene

UC Law SF Communications and Entertainment Journal

This article explores how African-American music artists, as a group, were routinely deprived of legal protection for creative works under the copyright regime. The issue of copyright deprivation and Black artists is highly significant, given the enormous cultural contribution of Black music to American society, the importance of the music to Black culture, and the tremendous economic benefits at stake. As new issues develop in copyright law, it will be important to people of color, and to an egalitarian society as a whole, that the new copyright regime not duplicate the inequalities of the old. An underlying assumption of race-neutrality …

Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes

Articles

No abstract provided.

Law, Culture, And The Morality Of Judicial Choice, Kenneth B. Nunn

UF Law Faculty Publications

Remarks from Professor Kenneth B. Nunn at the Ray Rushton Distinguished Lecture Series at the Cumberland School of Law on April 24, 1998.

Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson

Faculty Articles

The ABA Journal presents women in the legal system in a similar fashion to the presentation of women in the journals of other professions. Women are portrayed in traditional sex roles, they are pictured passively and they are often shown negatively as victims. In the volumes the authors studied, they found that the numbers of images of attorneys, judges and professors were not proportionate to the number of men and women in the legal profession. Moreover, the ABA Journal predominantly displayed women as dependent on their male counterparts. The authors also found instances where the ABA Journal portrayed women as …

Lamas, Oracles, Channels, And The Law: Reconsidering Religion And Social Theory, Rebecca Redwood French

Journal Articles

No abstract provided.

Aboriginal Rights, Aboriginal Culture, And Protection, Gordon Christie

All Faculty Publications

There is a common perception that elements of mainstream society are disrespectful of Aboriginal culture. This article argues that developments in the law offer promise for the protection of Aboriginal "intellectual products," manifestations of Aboriginal culture reflecting their world-view. What Aboriginal peoples would like to see protected, however, are not so much words, pictures, or acts but rather the values, beliefs, and principles that give these meaning. Such, the author argues, are best protected by mechanisms internal to Aboriginal communities. Furthermore, the lack of such mechanisms would not justify the intrusion of Canadian law, but rather raises a call within …

Law, Venture Capital, And Entrepreneurism In Japan: A Microeconomic Perspective On The Impact Of Law On The Generation And Financing Of Venture Businesses, Eric C. Sibbitt

Connecticut Journal of International Law

Part one of this article attempts to demonstrate through a microeconomic framework how the legal, economic, and cultural forces underlying the Japanese financial system impact the funding of venture businesses in Japan. In a venture finance market, the microeconomic decisions of entrepreneurs and venture investors determine how much capital is ultimately supplied to finance venture businesses. Investors, the suppliers of capital to a venture market, seek to ensure the highest possible payback on investment by maximizing expected returns. Rational entrepreneurs, on the demand side of the market for venture capital, seek the use of investor capital to pursue income-generating opportunities …

Religion And The Public Square: Making Democracy Safe For Religious Minorities, Suzanna Sherry

Vanderbilt Law School Faculty Publications

In 1995, Judge Richard Posner ruled that the state of Illinois could not celebrate Good Friday as a statewide holiday for the public schools.' Closing all Illinois public schools on Good Friday, Posner declared, violated the Establishment Clause of the Constitution by "plac[ing] the support of the state behind a wholly sectarian holiday." The Ninth Circuit has disagreed, upholding Good Friday as a state holiday in Hawaii. Federal courts have similarly reached varying conclusions about the constitutionality of other symbolic endorsements of Christianity, including the use of a cross as part of a government seal, the inclusion of the phrase …

Gender Sex Agency And Discrimination: A Reply To Professor Abrams, Katherine M. Franke

Faculty Scholarship

According to the Equal Employment Opportunity Commission, sexual harassment is the fastest-growing area of employment discrimination. In fact, the annual number of sexual harassment complaints filed with the EEOC has more than doubled in the last six years. No one, or at least no one who has given this problem her serious attention, can deny that workplace sexual harassment is a grave problem and that it significantly impedes women's entrance into many sectors of the wage labor market.

Notwithstanding these impressive numbers, sexual harassment legal doctrine remains remarkably undertheorized – particularly by the Supreme Court. For these and other reasons, …