Digital Commons Network^™

Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna

University of Florida Journal of Law & Public Policy

No abstract provided.

European Integration: Past, Present, And Future, Martin A. Rogoff

Vanderbilt Journal of Transnational Law

From its inception in the 1950s until the early 1990s, the European Union (EU) was largely the creation of politicians, jurists, and technical experts. Its effective sphere of operations was confined for the most part to economic matters. The Single European Act, which entered into force in 1987 and called for the completion of the economic integration project by 1992, marked the end of what might be termed the first, or economic, phase of European integration. With the entry into force of the Treaty on European Union (Treaty of Maastricht) in 1993, a second, or political, phase of European integration …

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …

The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke

Faculty Scholarship

In this Commentary, Professor Katherine Franke offers an analysis on Richard Delgado and Jean Stefancic's California's Racial History and Constitutional Rationales for Race-Conscious Decision Making in Higher Education and Rebecca Tsosie's Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights. These two Articles, she observes, deploy history for the purposes of justifying certain contemporary normative claims on behalf of peoples of color: affirmative action in higher education for Delgado and Stefancic, and sovereignty rights for native peoples in Tsosie's case. Franke explores the manner in which stories of past conquest and discrimination contribute to contemporary conceptions of racial …

Private Order Under Dysfunctional Public Order, John Mcmillan, Christopher Woodruff

Michigan Law Review

Businesspeople need contractual assurance. Most transactions are less straightforward than a cash sale of an easily identifiable item. Buyers need assurance of the quality of what they are purchasing, and sellers need assurance that bills will be paid. The legal system may not always be available to provide contractual assurance - and when the law is dysfunctional, private order might arise in its place. Many developing and transition economies have dysfunctional legal systems, either because the laws do not exist or because the machinery for enforcing them is inadequate. In such countries, bilateral relationships, communal norms, trade associations, or market …

Empirical Insight And Some Thoughts On Future(S) Investigation: Comments On Mark West's 'Private Ordering At The World's First Futures Exchange', A.W. Brian Simpson

Michigan Law Review

Some considerable number of years ago, when I was in Chicago, I had a plan to undertake a general study of the origins of futures markets. They fascinated me for a variety of reasons, one being their bizarre nature: traders meeting together, usually in some form of ring, in order to sell, on a huge scale, quantities of commodities which they neither possess, nor intend to possess, to other traders, who have not the least wish to receive such commodities, and nowhere to put them if they did. At first sight it appears a weird perversion of the institution of …

Rfra: A Comedy Of Necessary And Proper Errors, Eugene Gressman

Cardozo Law Review

No abstract provided.

Vol. 50, No. 5, November 9, 1999, University Of Michigan Law School

Res Gestae

•LSSS Recognizes Bill Bradley Student Group •Yingtao on Guns •New Winter Courses •The J Arch Project •Movie Reviews •Interview of the Year •Music Reviews

The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Article Iii's Case/Controversy Distinction And The Dual Functions Of Federal Courts, Robert J. Pushaw Jr.

Notre Dame Law Review

No abstract provided.

Not Bad For Government Work: Does Anyone Else Think The Supreme Court Is Doing A Halfway Decent Job In Its Erie-Hanna Jurisprudence, Thomas D. Rowe

Notre Dame Law Review

No abstract provided.

New Judicial Federalism In Perspective, G. Alan Tarr

Notre Dame Law Review

No abstract provided.

Historical Origins Of Broad Federal Habeas Review Reconsidered, Clarke D. Forsythe

Notre Dame Law Review

No abstract provided.

Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark

Michigan Law Review

When was the last time you read a serious, recently published work of constitutional history that did not deal mainly with the work of the Supreme Court? When, even among those works, did the author look beyond the immediate litigants to give the reader a sense of an evolving constitutional culture - a culture in symbiosis with the larger political and social culture - its eddies and byways, as well as its mainstream? My strong hunch is that anyone who can triumphantly respond to the implicit condemnation of narrowness in these questions will do so in large measure having read …

Taking Legal Argument Seriously: An Introduction, Richard S. Markovits

Chicago-Kent Law Review

No abstract provided.

Constitutional Legitimacy, The Principle Of Free Speech, And The Politics Of Identity, David A.J. Richards

Chicago-Kent Law Review

No abstract provided.

When Officers Get The "Blues": Factors That May Determine Which Officer Is More Inclined To Feel Job Stress, Olivia Poppy Nelson

Sociology & Criminal Justice Theses & Dissertations

The purpose of this study was to investigate what factors may determine which officers may feel job stress. In today's law enforcement agencies stress is becoming an important topic to study. With the knowledge of what factors may determine stress in officers, stress can be reduced to avoid departmental loss. The data collection was conducted in 1998, during the Christmas season at a California law enforcement agency. This thesis looks at the impact of age, education, and job satisfaction on stress. It also looks at the relationship of age and education to job satisfaction. Multiple regression was run on all …

"What's Really Going On?" A Study Of Lawyer And Scientist Inter-Disciplinary Discourse, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Public Entities Officers And Employees / Expedited Judicial Review Ensures That Restraints On The Adult Entertainment Industry Pass Constitutional Muster, Sandra C. Di Giulio

McGeorge Law Review

No abstract provided.

Notaries In The American Colonies, 32 J. Marshall L. Rev. 863 (1999), John E. Seth

UIC Law Review

No abstract provided.

Play It Again, Counsel: The Admission Of Videotaped Interviews In Prosecutions For Criminal Sexual Assault Of A Child, Elizabeth J.M. Strobel

Loyola University Chicago Law Journal

No abstract provided.

Inside The Aclu: Activism And Anti-Communism In The Late 1960s, Allen K. Rostron

Faculty Works

No abstract provided.

Africa And Her Charter On Human And Peoples' Rights -Notyet "Ominira", Thomas Adeoye Olugbemiga Fawole

LLM Theses and Essays

It is in the light of the foregoing that we intend in this thesis to examine the state of human rights in Africa. It would be the province of the thesis to find out how far the African Charter on Human and Peoples' Rights has enhanced the independence of the various African countries and improved on the quality of the rights enjoyed by the citizenry. While Chapter 2 deals with human rights in precolonial Africa, human rights in "modern day" Africa, i.e. from the colonial era, are dealt with in Chapter 5. Treating human rights under colonial rule and human …

Civil Disturbances: Battles For Justice In New York City

Fordham Urban Law Journal

This Collection contains a number of essays that are a part of Civil Disturbances, a collaborative project between artists and lawyers that commemorates various public interest law suits and social justice efforts in New York City. The project itself consists of twenty signs, each representing one specific case, that were designed to be both provoking and informative. This specific Collection contains printings of eight of the signs, as well as separate writings on issues and cases including: disabled people's accessibility to the Empire State Building, child welfare, children's rights, women and the FDNY, rights of the homeless, and welfare benefits. …

Who Authors Trademarks, Steven Wilf

Faculty Articles and Papers

No abstract provided.

From Fairness To Efficiency: The Transformation Of Tort Law In New York, 1920-1980, William E. Nelson

Buffalo Law Review

No abstract provided.

Crossover Dreams: The Roots Of Latcrit Theory In Chicana/O Studies Activism And Scholarship, Kevin R. Johnson, George A. Martinez

Faculty Journal Articles and Book Chapters

As the century comes to a close, critical Latina/o theory has branched off from Critical Race Theory. This article considers how this burgeoning body of scholarship finds its roots in a long tradition of Chicana/o activism and scholarship, particularly the work of Chicana/o Studies scholar-activists. In the critical study of issues of enduring significance to the greater Latina/o community, we owe a deep intellectual debt to the generations of scholarship focusing on Chicana/os in the United States.

This praise might strike some knowledgeable observers as odd. Chicana/o Studies developed with an exclusive focus on the subordination of persons of Mexican …

1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel

Journal Articles

This essay explores the theme of the 1998 annual meeting of the Law and Society Association: "Making Connections across Disciplines, Theories, and Methods," focusing in particular on the connections between researcher and subject and between researcher and researcher. The essay discusses three recent articles, by Joseph Sanders and V. Lee Hamilton, by Barbara Yngvesson, and by Margaret Montoya. These articles illustrate recent creative efforts by law and society researchers to forge new kinds of connections to their subjects. The articles also illustrate fundamentally different conceptions of the role of the researcher and of the methodologies on which sociolegal studies might …

From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French

Journal Articles

No abstract provided.

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.