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Why Redraw The Map Of Africa: A Moral And Legal Inquiry, Makau Wa Mutua

Michigan Journal of International Law

The author argues in this Article that the post-colonial state, the uncritical successor of the colonial state, is doomed because it lacks basic moral legitimacy. Its normative and territorial construction on the African colonial state, itself a legal and moral nullity, is the fundamental reason for its failure. The author argues that, at independence, the West decolonized the colonial state, not the African peoples subject to it. In other words, the right to self-determination was exercised not by the victims of colonization but their victimizers, the elites who control the international state system.

Private Dollars On The Reservation: Will Recent Native American Economic Development Amount To Cultural Assimilation?, Karin M. Mika, Bonnie Hurst

Law Faculty Articles and Essays

This article exams commercial enterprises and its gaining popularity among Native American tribes. The cooperative economic ventures that are not considered indigenous to Native American culture may yield the unintended yet inevitable result of assimilating Native Americans into mainstream American society. In an ironic twist, the resulting assimilation has, in many respects, fulfilled the misguided aspirations of the earliest European colonists.

Foreign Affairs Powers And "The First Crisis Of The 21st Century": Congressional Vs. Executive Authority And The Stabilization Plan For Mexico, James D. Humphrey Ii

Michigan Journal of International Law

This Note discusses whether the United States can meet such a crisis under current legal arrangements. Can officials respond quickly, forcefully, and effectively? The Mexican Peso Crisis was the first test of this ability, and therefore is examined as a case study. As the United States attempted to respond to the crisis on its border, several questions about the practical and constitutional propriety of the effort emerged. There is clearly no longer a basic consensus surrounding security issues as existed in the Cold War years. Indeed, for the first time since the end of the Cold War, circumstances forced a …

The Implications Of Current Welfare Reform Proposals For The Housing Assistance System, Sandra J. Newman

Fordham Urban Law Journal

This Essay assesses proposals to reform welfare from the perspective of effects on housing assistance. The focus is on the two welfare reform proposals that have received the most attention during late 1994 and early 1995: the Clinton Administration's Work and Responsibility Act (WRA and the Republican Party's Personal Responsibility Act (PRA). This analysis is limited to the provisions in each bill regarding time limits, eligibility restrictions, and work requirements for AFDC recipients, and estimates how the housing assistance system would be affected if these provisions were in effect today. This analysis focuses on two types of impacts: effects on …

Jury Service As Political Participation Akin To Voting , Vikram David Amar

Cornell Law Review

No abstract provided.

The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett

Fordham Urban Law Journal

This Essay discusses how, if one accepts the premises of mobility-based anti-poverty strategies, the geographical parochialism and structural rigidity of the welfare system undermine mobility goals. The Essay also examines the possibility that current trends in housing policy will undercut anti-poverty goals.

Federal Enforcement Of Civil Rights During The First Reconstruction, Robert J. Kaczorowski

Fordham Urban Law Journal

This essay recounts the heroic efforts of federal legal officers and judges to enforce citizens' rights during the 1870s. Part I sets forth the historical events giving rise to the enforcement effort of the Grant Administration. Part II details the problems which the federal executive branch faced when it aggressively prosecuted civil rights violations. Part III details the problems which the federal judiciary faced in administering the civil rights prosecutions brought by the executive branch. Part IV details the national political problems that eventually ended effective enforcement of federal civil rights laws. This Essay concludes that, notwithstanding the problems faced …

The Public Forum Doctrine In The Age Of The Information Superhighway (Where Are The Public Forums On The Information Superhighway?), David J. Goldstone

UC Law Journal

The Information Superhighway, officially called the National Information Infrastructure (NII), exists today only in preliminary stages, and its full scope is impossible to determine. However, it is predicted that the NII will be the basis for dramatic changes to everyday life in the next century. It will open the possibilities for access to enormous amounts of information and for instantaneous communication with people around the world. This new domain, with its emphasis on communication, will lead to new legal insights, especially in the area of constitutional law related to freedom of speech.

In his Article, Mr. Goldstone suggests a thoughtful …

Millenium Approaches: The Future Of The Voting Rights Act After Shaw, De Grandy, And Holder, Andrea Bierstein

UC Law Journal

Race-based districting may be necessary to eradicate racist manipulation of voting, and yet poses difficult problems of racial separatism. Professor Bierstein analyzes the Supreme Court's voting rights jurisprudence over the past twenty-five years to show that the Court has used both race-based and race-neutral districting, and neither has proved to be wholly satisfactory. She brings the analysis forward in the Court's recent decisions, Shaw v. Reno, decided in 1993, and Holder v. Hall and Johnson v. De Grandy, both decided in June 1994. Through her contextual critique of these three decisions, Professor Bierstein proposes a different framework for thinking about …

The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs?, Harry W. Arthurs

Articles & Book Chapters

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct - the way lawyers actually behave - would likely not change very much. In fact, formal regulation, by whatever means, is not a major determinant of conduct that can be characterized as unethical. Rather, such conduct is largely determined by the personal characteristics of the individual lawyer, the professional circumstances …

The Internal Trade Agreement: Furthering The Canadian Economic Disunion?, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The premise of this article on the current status of the Canadian economic union and the meaning of the Internal Trade Agreement (the "Agreement") on that union, is that the union describes the economic relations among individual Canadians. The union is not comprised of the interconnections among political jurisdictions. The Canadian economic union, when conceived as the product of the relations between individual Canadians, is the market. We have decided that our material well-being as individuals and as a community is best served by decentralizing economic power and thereby permitting individuals, whether alone or in groups, to act relatively autonomously …

Is God Unconstitutional ?, Phillip E. Johnson

University of Colorado Law Review

No abstract provided.

Cyber-Porn Obscenity: The Viability Of Local Community Standards And The Federal Venue Rules In The Computer Network Age, Joanna H. Kim

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Changing Meaning Of Equality In Twentieth-Century Constitutional Law, William E. Nelson

Washington and Lee Law Review

No abstract provided.

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …

Obscenity On The Internet: Local Community Standards For Obscenity Are Unworkable On The Information Superhighway, Dennis W. Chiu

Santa Clara Law Review

No abstract provided.

Righting Old Wrongs: A Survey Of Restitution Schemes For Possible Application To A Democratic Cuba, Nicolás J. Gutiérrez Jr.

University of Miami International and Comparative Law Review

No abstract provided.

Policy Issues In Health Alliances: Of Efficiency, Monopsony, And Equity, Henry T. Greely

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Easements By Necessity: A Threshold For Inholder Access Rights Under The Alaska National Interest Lands Conservation Act, Galen G.B. Schuler

Washington Law Review

Nineteenth Century federal land grants created a legacy of private lands surrounded by federal land in the American West. Owners of such lands (inholders) were routinely granted access across federal land by implicit common law rights until the 1960s when federal land policy became more restrictive. In 1981, the Ninth Circuit held that the Alaska National Interest Lands Conservation Act (ANILCA) provided a statutory entitlement for inholder access. Since then, the Ninth Circuit also has held that ANILCA preempts any common law access rights. This Comment argues that the common law doctrine of easements by necessity remains a threshold basis …

Family Leave Legislation: Ensuring Both Job Security And Family Values, Amy Olsen

Santa Clara Law Review

No abstract provided.

Race And Representation After Miller V. Johnson, Richard Briffault

Faculty Scholarship

This Article considers the Supreme Court's two approaches to race and representation: the constrained proportionality of the vote-dilution cases and the strict scrutiny of racially motivated districting. Part I traces the development of these two doctrines, examines their conceptual underpinnings, and considers some of the questions the Court will have to answer as it elaborates its new approach to the use of race in the design of electoral systems.

Part II explores the tension between the Court's two approaches. The concern with racial motivation proceeds from an underlying normative assumption about the place of race in politics that is profoundly …

Two Years After Keck, Laurence W. Gormley

Fordham International Law Journal

This Essay begins by rejecting the reasoning of the joined cases Keck & Mithouard. After discussing what passes for reasoning in this case, this Essay examines the case law before and after Keck in order to attempt to draw some conclusions about the consequences of Keck for the earlier case law and about the application of Article 30 since Keck. In part through a comparison with recent case law on EC Treaty Article 59, the conclusion is that the case law on Article 30 has developed in an extremely unfortunate and unsystematic direction, but also that the unity of the …

The Notion Of Ancillary Restraints Under Ec Competition Law, F. Enrique González Díaz

Fordham International Law Journal

This Article examines the scope of the so-called ancillary restraints doctrine under European Community (“EC”) competition law and the legal consequences of its implementation in light of the administrative practice of the European Commission and the case-law of the European Court of Justice (“Court of Justice” or “Court”).

Is International Law Ready For The Information Age?, M. E. Bowman

Fordham International Law Journal

This Essay discusses the challenges to protect the public from a myriad of harms related to new, and poorly understood, vulnerabilities arising from the frontier of cyberspace and how international law can offer protection against the global potential for harm.

Fighting Police Corruption As Crime Itself, William J. Bratton

NYLS Law Review

No abstract provided.

Secure In Their Houses? Fourth Amendment Rights At Public Housing Projects, Charles Hellman

NYLS Law Review

No abstract provided.

China's Intellectual Property Protection: Prospects For Achieving International Standards, Derek Dessler

Fordham International Law Journal

This Comment presents the intellectual property protection laws of China and examines whether these laws, when combined with the 1995 Accord, will lead to improved intellectual property protection in China. Part I discusses the General Agreement on Tariffs and Trade's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), and the established standards for intellectual property rights protection. Part I also examines China's intellectual property laws and regulations. Part II analyzes the impediments to effective intellectual property rights enforcement in China. Part III argues that China's intellectual property rights laws fail to meet the international intellectual property rights standard embodied …

The Changing Face Of Peace-Keeping And Peace-Enforcement, Shashi Tharoor

Fordham International Law Journal

Peace-keeping today is in flux, if not in crisis. If it is to serve as a useful instrument in the maintenance of international peace and security, it needs conceptual clarity, political support, and financial resources. For peace-keeping to remain effective in a changing world, its credibility must not be jeopardized by the application of peace-keeping to inappropriate situations, by the issuance of mandates unsupported by doctrinal consistency or military means, or by the undermining of its authority by attempts to reconcile peace-keeping with war-making under the rubric of peace-enforcement.

Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultrual Identities, Jacques Delisle

Fordham International Law Journal

No abstract provided.

In Pursuit Of Better Myth: Lawyers' Histories And Histories Of Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the mythologies contemporary lawyers generate in defence of existing professional structures. Drawing on the history of legal professions, the paper engages critically with professional apologetics, from a perspective influenced by diverse contemporary writings on legal professions including those associated with Richard Abel, Terrence Halliday, and others.