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Vol. 20 No. 3 (1997): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

New Jersey Radium Dial Workers And The Dynamics Of Occupational Disease Litigation In The Early Twentieth Century, The, Kenneth A. Deville, Mark E. Steiner

Missouri Law Review

Between 1917 and 1923 over 800 women worked for the United States Radium Corporation ("USRC") in Orange, New Jersey handpainting wrist-watch faces with a substance made luminescent by radioactive materials. While these workers were exposed to injurious, even mortal, levels of radiation, less than a dozen received any compensation for their injuries. These features compounded the workers' legal problems once they entered the formal legal system by dramatically complicating attempts to prove causation, by raising the specter of the statute of limitations defense, and by playing a major role in the settlement negotiation process. As a consequence, even when some …

Law And Iconomics, Jeanne L. Schroeder, David G. Carlson

Articles

Peter Goodrich's Oedipus Lex critically examines the English common law tradition through a psychoanalytic lens, revealing a 'legal unconscious' that underscores deep-seated repressions and contradictions. He argues that common law has historically attempted to exclude imagery and the feminine, yet these elements persist, leading to internal conflicts. By analyzing historical legal texts from the Elizabethan and Jacobean periods, Goodrich exposes violent rhetoric against enemies of the common law, such as Catholics and women, highlighting the law's struggle with its own unconscious structures.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Michigan Law Review

So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Legal Systems Of Regional Economic Integration, Stefan A. Riesenfeld

UC Law SF International Law Review

No abstract provided.

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy Cornett

Scholarly Works

No abstract provided.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.

Textualism And The Dead Hand Of The Past, Michael W. Mcconnell

Articles

No abstract provided.

Guys And Dolls: Remedial Nurturing Skills In Post-Divorce Practice, Feminist Theory, And Family Law Doctrine, Barbara Stark

Hofstra Law Review

This Article addresses two pressing problems in contemporary family law and demonstrates the usefulness of feminist theory in analyzing both The first problem is the practical, specific problem of post-divorce nurturing of children; that is, why post-divorce nurturing is so often difficult for custodial and visiting parents, as well as their children. The second is a more theoretical, pervasive problem of doctrinal reform; that is, the persistence of gendered stereotypes in family law notwithstanding doctrinal reforms intended to eradicate them. The first problem provides a concrete context in which to clarify and analyze the second. It is a particularly apt …

Practice Of Faith, Martin S. Flaherty

Fordham Law Review

No abstract provided.

Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco

University of Miami Inter-American Law Review

No abstract provided.

Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken

UIC Law Review

No abstract provided.

Di Goldine Medina (The Golden Land): Historical Perspectives Of Eugenics And The East European (Ashkenazi) Jewish-American Community, 1880-1925, Howard Markel, M.D., Phd.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Tokdo Or Takeshima? The Territorial Dispute Between Japan And The Republic Of Korea, Benjamin K. Sibbett

Fordham International Law Journal

This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. …

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Making Constitutional Doctrine In A Realist Age, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

In this article the author considers three examples of modern constitutional doctrine that show how judges have stolen bits and pieces from popularized skepticisms about the job of judging and have molded this stolen rhetoric into doctrine. In the first example, she asks whether constitutional law's recent penchant for doctrinal rules based on "clear law" could have existed without the modern age's obsession with legal uncertainty. In the second, the author considers whether our contemporary rhetoric of constitutional "interests" and "expectations" reflects modern critiques of doctrine as failing to address social needs. In the third, she asks how an offhand …

Migration, Identity & The Colonial Encounter, Tayyab Mahmud

Faculty Articles

The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of identity - the key ideologies of the nation. This article explores these issues by locating them in spatial and temporal sites removed from the common foci of current immigration debates. Using three stories of migration from colonial and postcolonial South Asia, the first part of the article demonstrates that within the general context of empire and imperialism, the determinants and processes of …

Review Of The Selling Of Supreme Court Nominees, By J. A. Maltese, Richard D. Friedman

Reviews

John Anthony Maltese has written a genial book on a subject of enormous importance and enduring interest-presidential selection and senatorial consideration of Supreme Court nominees. Readers new to this field will find The Selling of Supreme Court Nominees a helpful introduction to it. Those more familiar with it will not find much that is surprising.

The Application Of Out-Of-Hospital Do Not Resuscitate Order Legislation To Commercial Airline Travel, Amanda Christine Dake

Journal of Air Law and Commerce

No abstract provided.

Private Ownership And Corporate Performance: Some Lessons From Transition Economies, Roman Frydman, Cheryl W. Gray, Marek P. Hessel, Andrzej Rapaczynski

Faculty Scholarship

Data on mid-sized firms in three transition economies provide strong evidence that private ownership – for worker ownership – improves corporate performance. And the privatized firms' superior ability to generate revenues allows those firms to sustain or expand employment.

Using a large sample of data on mid-sized firms in the Czech Republic, Hungary, and Poland, Frydman, Gray, Hessel, and Rapacynski compare the performance of privatized and state firms in the environment of the postcommunist transition.

They find strong evidence that private ownership – for worker ownership – improves corporate performance. They find no evidence of the privatization shock that was …

It Takes A Militia: A Communitarian Case For Compulsory Arms Bearing, Brannon P. Denning, Glenn Harlan Reynolds

William & Mary Bill of Rights Journal

During the last year, both Communitarianism and private militias have received a considerable amount of attention in the popular press and in law reviews; nevertheless, few observers have discussed the similarities between these two seemingly dissimilar movements. In this Essay, the authors demonstrate that Communitarians and militias actually have more in common than it might at first appear. Summarizing the Communitarian agenda, the authors note that Communitarians speak a language that would be readily understood by the Framers, who saw militias as an important vehicle through which civic virtue could be transmitted. The importance the Framers placed upon militias is …

Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell

West Virginia Law Review

No abstract provided.

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

Defining "Author" For Purposes Of Copyright , Russ Versteeg

American University Law Review

No abstract provided.

Russian And American Federation: Comparative And Legal Analysis Of Their Origins And Developments, Marat S. Salikov

Tulsa Journal of Comparative and International Law

No abstract provided.

Short-Circuit: A Critique Of Habermas’S Understanding Of Law, Politics, And Economic Life, William E. Forbath

Cardozo Law Review

This work by Jurgen Habermas asks important questions and refuses easy answers. Is democracy conceivable in today's advanced societies? If so, what understandings of law and constitutionalism might best support it?

Selected Habermas Bibliography

Cardozo Law Review

No abstract provided.

The Constitutional Framework Limiting Compelled Voice Exemplars: Exploration Of The Current Constitutional Boundaries Of Governmental Power Over A Criminal Defendant, Michael A. Connor

San Diego Law Review

This Comment provides a guide to the current constitutional framework concerning in-court compelled voice exemplars. The Author analyzes the privilege against self –incrimination as applied to exemplars and criticizes the testimony versus communication standard. Because the Supreme Court has not provided guidance as to whether due process acts to limit compelled exemplar situations, the Comment considers due process limitations other courts have applied in this context. The Author argues that due process should provide protection in exemplar situations.

Department Of Dispute Resolution Ph.D. Program Student Handbook 1996-97, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.