Digital Commons Network^™

Viewpoint Diversity And Media Ownership, C. Edwin Baker

Federal Communications Law Journal

A recent technically sophisticated study of the impact of media mergers on viewpoint diversity that found the impact is contextually variable should be entirely irrelevant to proper policy debates about regulation of media ownership. This Article examines the real reasons to oppose concentrated ownership and considers how the recent study went wrong.

The Jurisprudence Of Love, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article explores the concept of Love as an energetic, vibrational, and spiritual force. Part II provides an overview of what Love means in practice. Part III explores two areas of the law--access to health care and global warming--and suggests that significant improvements to those laws would be generated by a Love-based approach to the law.

Securities Arbitrators Do Not Grow On Trees, Constantine N. Katsoris

Fordham Journal of Corporate & Financial Law

No abstract provided.

Democracy In Practice: Lessons From New England, Madhawa Palihapitiya, Kevin Dye

Massachusetts Office of Public Collaboration Publications

Political decision-making by elites require some form of civilian participation to regain legitimacy. Increasingly groups of Citizens do not trust in political elites and are increasingly frustrated by their behavior. When faced with the problem of diversity, even established democracies face problems of managing diversity. In the global context differences of opinion, culture, religion etc has defined many of the New Wars (Kaldor 1999). In the United States many non-state and semi-governmental organizations have developed programs to increase public knowledge of the legislature and its decision-making processes. The ultimate purpose of this is to exercise some control over state power. …

Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii

Scholarly Works

As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …

The Framers' Idea Of Marriage And Family, David F. Forte

Law Faculty Contributions to Books

The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …

A Tribute To Lewis H. Larue, James Boyd White

Articles

Lash has been a good friend for many years, and it is a pleasure to have this opportunity to reflect about him. I well remember our first meeting, in the late 1970s. He had been to a meeting in Wisconsin-the first meeting of the Critical Legal Studies Conference, as I remember-and stopped to spend the night in Chicago on the way home. We had corresponded a couple of times, but never met, and what a pleasure it was to meet him: full of intelligence, openness, and laughter, with a moral center and a deep sense of human limitation. We talked …

A Tribute To Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Summary Of Banks V. Sunrise Hospital, 120 Nev. Adv. Op. No. 89, Beth Rosenblum

Nevada Supreme Court Summaries

No abstract provided.

The Ethnic Greeks Of Turkey: The Present Situation Of The Greek Minority And Turkey's Human Rights Obligations Under International, Steven S. Skenderis

St. Thomas Law Review

In 1923, the Treaty of Lausanne ended the Greek-Turkish war of 1919-1922 and established two distinct minorities in both Greece and Turkey after a convention signed at the same time provided for the compulsory exchanges of populations; about a million and a half Greeks left Turkey for Greece, and about a half-million Turks left Greece for Turkey.' The Convention established that the Greeks of Istanbul, the Aegean islands of Imvros and Tenedos, and the Eastern Orthodox Christian Patriarchate would be allowed to remain in Turkey, while (to ensure a numerical balance) the Turks of Western Thrace were allowed to remain …

Divorcing Power And Reason: Spinoza And The Founding Of Modern Law, Benoit Frydman

Cardozo Law Review

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Faculty Publications

It is economics, policy, law, and indeed, for some, religion that advanced information technology should be eventually accessible to the masses. To this end, the federal and state governments are establishing goals and guidelines for advanced information technology's equitable deployment. Chief among the governments' intended beneficiaries are our children, Generations X,Y, Z, and beyond. The explicit expectation, however, is that every individual and group in our society would benefit from such deployment.

Efficiencies in the computer augmented generation, embedded in the processing and storing of information are expected to enhance education, commerce, the economy, political discourse, individual self actualization, and …

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Santa Clara High Technology Law Journal

No abstract provided.

The Misuse Of Deference And International Standards In Narrowing Withholding Of Deportation In Light Of Ins V. Aguirre-Aguirre, Giuseppe Fina

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

The Resolution Of Securities Disputes, Constantine N. Katsoris

Fordham Journal of Corporate & Financial Law

No abstract provided.

Law & Literature And The Moderns: Explorations, George Anastaplo

Northern Illinois University Law Review

Law and Literature courses are intended, at least in part, to supply the sound moral understanding as well as the elementary intellectual skills that law students need before they can learn to read in the way that is needed for a profession which very much depends upon disciplined reading and writing. Unfortunately, many if not most of the texts drawn upon in the Law and Literature courses are, or are treated as if they were, of the third or fourth rank. These are texts which are mined in such courses for "cases" and legal issues rather than approached as texts …

Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard

Cardozo Law Review

No abstract provided.

Lethal Pity: The Oregon Death With Dignity Act, Its Implications For The Disabled, And The Struggle For Equality In An Able-Bodied World, Mark C. Siegel

Minnesota Journal of Law & Inequality

No abstract provided.

An Opportunity Lost: The United Kingdom's Failed Reform Of Defamation Law, Douglas W. Vick, Linda Macpherson

Federal Communications Law Journal

The Defamation Act 1996 is the first major piece of libel legislation in Britain since the Defamation Act 1952. The British Parliament passed the Act in response to the ease with which libel plaintiffs can establish liability and in response to huge damage awards. In passing the Act, Parliament attempted to shift the balance of defamation law away from protecting the reputational interest of plaintiffs and toward protecting free discussion and open criticism. However, the Act merely fine-tunes current law. The Act reduces the limitations period for defamation suits, introduces procedural reforms to simplify and reduce libel suits and permits …

Chemical Castration And The Right To Generate Ideas: Does The First Amendment Protect The Fantasies Of Convicted Pedophiles, G.L. Stelzer

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

A Thracian Charm And Socratic Teaching: The Politics Of Education, Arlene W. Saxonhouse

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, May, 1996. Dr. Saxonhouse's lecture was sponsored by the Institute for the Study of Politics and Government and was part of the Sam Clark Lectures. We extend our appreciation to the Institute and its director, James Butterfield.

Uneasy Burden: What It Really Means To Learn To Think Like A Lawyer, Peter R. Teachout

Mercer Law Review

If you think you can think about a thing that is hitched to other things without thinking about the things that it is hitched to, then you have [learned to think like a lawyer].
Thomas Reed Powell

It imposes the uneasy burden and occasional joy of a complex double vision, a fluid, ambivalent response to men and events which represents, at its finest, a profoundly civilized adjustment to the cost of being human in this modern world.
Ralph Ellison

I first met Jim Elkins in the summer of 1979 when we were fellows together in a Law and Humanities program …

Admiralty Law Of Arthur Browne, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Opinion: In The Case Of Martha Nussbaum, Gerard V. Bradley

Journal Articles

From the article, "This is the story of Martha Nussbaum's part in the Colorado trial [Amendment 2 adopted Nov. 1992]. The reader will want to keep in mind the distinction between advocacy and scholarship, assuming there is still such a distinction in the contemporary academy. Equally important for this story are distinctions between misstatement, misrepresentation, and deliberate falsehood."

Without Virtue There Can Be No Liberty, Suzanna Sherry

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Without Virtue There Can Be No Liberty, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of liberty, and then to explore a way in which we might reconcile the conflicts between them and make both traditions useful in the service of liberty today.

A Tale Of Two Clients: Thinking About Law As Language, Clark D. Cunningham

Michigan Law Review

This is a true story. It is actually three true stories. The article taken as a whole tells a story of my personal search for a new way of talking about the experience of being a lawyer, a quest which is leading me to think more and more about law as a kind of language and lawyering as a form of translation. Rather like a medieval romance, embedded within this story of a quest are two tales, about clients I have represented in the course of my clinical teaching.

As much as possible, both levels of narrative are presented in …

May A Federal Employee Sue A Union In Federal Court For Breach Of The Duty Of Fair Representation?, Jay E. Grenig

Faculty Publications

No abstract provided.

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.