Digital Commons Network^™

History 'Lite' In Modern American Constitutionalism, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

While Antitrust Was Out To Lunch: Lessons From The 1980'S For The Next Century Of Enforcement, Peter C. Carstensen

SMU Law Review

No abstract provided.

Stuck Inside The Heartland With Those Coastline Clerking Blues Again, Carl W. Tobias

Law Faculty Publications

Supreme Court Justice Stephen Breyer, Circuit Judge Edward Becker, and Circuit Judge Guido Calabresi deserve kudos for helping to craft, implement, and publicize an efficacious solution to the increasing difficulties engendered by the selection of federal judicial law clerks. The jurists' essay, The Federal Judicial Law Clerk Hiring Problem and the Modest March 1 Solution, which recently appeared in the Yale Law Journal, is a must read for all those who participate in the process of law clerk hiring.

The concerted efforts of Justice Breyer and Judges Becker and Calabresi have apparently succeeded in bringing considerable order out of chaos, …

The Chinese Student Protection Act And "Enhanced Consideration" For Prc Nationals: Legitimizing Foreign Policy While Averting False Positives In Asylum Law, John D. Griffin

University of Colorado Law Review

No abstract provided.

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

University of Colorado Law Review

No abstract provided.

The Role Of "Community" In The Pacific Northwest Logging Debate, Daniel S. Reimer

University of Colorado Law Review

No abstract provided.

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

Journal Articles

This article questions the legitimacy of the African state and the imperial cartography on which it is based. It argues that African states are conceptually faulty because they are the crude and thoughtless handiworks of European colonial powers. It is the artificiality of the African state that has been responsible for its failure to cohere into a nation that is viable. The piece argues for geographic and normative re-articulation of the African state - by smashing the current states - to endow them with moral, political, and legal legitimacy. It concludes that democratic entities are unlikely to develop where pre-colonial …

Editor's Note, Jason Roberts

Federal Communications Law Journal

No abstract provided.

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest - Freedom: Constitutional Law, Davison M. Douglas

Chicago-Kent Law Review

No abstract provided.

People V. The Court: School Finance Reform And The New Jersey Supreme Court, Douglas S. Reed

Cornell Journal of Law and Public Policy

No abstract provided.

Unapportioned Justice: Local Elections, Social Science, And The Evolution Of The Voting Rights Act, Joseph P. Viteritti

Cornell Journal of Law and Public Policy

No abstract provided.

Gerry-Built Voting Rights: The District Shape Test, Andrew W. Douglass

Cornell Journal of Law and Public Policy

No abstract provided.

Board Of Chiropractic Examiners, E. Finelli

California Regulatory Law Reporter

No abstract provided.

The "Safe" Danger: Remedies Under The Amended Voting Rights Act Of 1965, Tyler J. Kandel

NYLS Journal of Human Rights

No abstract provided.

The Soul Of A News Machine: Electronic Journalism In The Twenty-First Century, David Bartlett

Federal Communications Law Journal

As new technologies reshape elemental aspects of our nation's communications system, the basic assumptions about how the system will be used to gather and distribute the news will, by necessity, need to be reexamined. Some working in journalism and communications are excited by the opportunities arising from the changing circumstances, while others fear the repercussions of setting new precedent. Whatever the perspective, it will be impossible for anyone to escape the relentless process of change. The Author begins with an intuitive vision of the landscape of electronic journalism in the twenty-first century. While the pace of change will herald an …

Are There New Complexities In Global Migration Systems Of Consequence For The United States "Nation-State"?, Dennis Conway

Indiana Journal of Global Legal Studies

No abstract provided.

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

Federalism And Civil Rights: Complementary And Competing Paradigms, James F. Blumstein

Vanderbilt Law Review

Until the Nixon Administration, federalism was not talked about much in the United States in the post-New Deal period and was not taken seriously as an intellectual matter. Increasingly, however, federalism has become an important domestic' and a critical worldwide issue. It may not be an exaggeration to say that federalism has indeed become the pervasive legal/political issue around the world.

In this Article I will make four points. First, by way of background and overview, I will conclude that the goal of federalism is and should be to encourage and facilitate geographically-based political autonomy without placing at risk the …

Environmental Policy And Federal Structure: A Comparison Of The United States And Germany, Susan Rose-Ackerman Professor Of Jurisprudence

Vanderbilt Law Review

The assignment of tasks to the appropriate level of government is an important aspect of environmental policy design. Because the costs and benefits of pollution control policies are closely tied to geography, political solutions should reflect the underlying spatial structure of environmental problems. These solutions should not only incorporate the long-distance effects of air and water pollution, but also account for the mobility of economic actors and the resource base of governments.

There are three general types of environmental problems. Global issues have no complex geographical component. Regional problems arise when political boundaries do not coincide with the pollution's geographical …

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

Articles

The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

Background Material On The Colorado Grazing Roundtable, William E. Riebsame

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

10 pages.

Contains endnotes.

Rangeland Reform ‘94, Michael J. Penfold

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.

Agenda: Who Governs The Public Lands: Washington? The West? The Community?, University Of Colorado Boulder. Natural Resources Law Center

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

Conference organizers and/or session moderators included University of Colorado School of Law professors David H. Getches, Judith Jacobsen, Lawrence J. MacDonnell, Teresa Rice and Charles F. Wilkinson.

Shifting policy objectives and management approaches for the public lands of the West are provoking heated debate about how these decisions should be made and implemented. Are these policy directions a reflection of the "New West" or are they, in fact, a declaration of "war on the West"? Somewhere between these polarities of view, efforts are underway to open dialogue and reach consensus.

This second annual western lands conference will explore federal initiatives …

Interest Group Participation In Public Land Planning And Decision Making Processes: Paradigm Lost, Paradigm Found?, Sally K. Fairfax

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

16 pages.

Contains references.

Need For An Independent International Mechanism To Protect Group Rights: A Case Study Of The Kurds, The, Olivia Q. Goldman

Tulsa Journal of Comparative and International Law

No abstract provided.

Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon

RISK: Health, Safety & Environment (1990-2002)

Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.

Has The Court Soured On Lemon?: A Look Into The Future Of Establishment Clause Jurisprudence, Derrick R. Freijomil

Seton Hall Constitutional Law Journal

No abstract provided.

The Development Of The Better Schools Program In Tennessee From 1981 To 1986, Daris A. Gose

Electronic Theses and Dissertations

The purpose of this study was to investigate the origin, development, and implementation of the Better Schools Program in Tennessee. Materials were gathered from East Tennessee State University Library, University of Tennessee Library, Walters State Community College Library, Belmont University Library, Tennessee State Library and Archives and Morristown-Hamblen County Library. These materials consisted of government documents, presidential and gubernatorial speeches, audio and video tapes, books, and periodicals. Personal interviews were also collected from two TEA members and seven legislators. The materials were analyzed, and important passages were marked, incorporated into the paper, and documented. The research questions were (1) What …

Department Of Insurance, J. Doherty, L. Field-Karsh, J. Kuperstein, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Redefining The Federal Role In Education: Toward A Framework For Higher Standards, Improved Schools, Broader Opportunities And New Responsibilities For All, Richard W. Riley

The Journal of Law and Education

No abstract provided.