Digital Commons Network^™

The United Nations Convention On Contracts For The International Sale Of Goods: Reason And Unreason In The United Kingdom, Angelo Forte

University of Baltimore Law Review

No abstract provided.

Rethinking Equality In The Global Society, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow

Seattle University Law Review

This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …

Text And Context In International Dispute Resolution, William W. Park

Faculty Scholarship

More than one thoughtful business manager has contemplated the prospect of litigation abroad in terms analogous to those used by the 19th century diarist quoted above. When an international venture goes awry, the dramatically disagreeable consequences can often include the "hometown justice" of the other side's national courts: unfamiliar procedures, perhaps a foreign language, and in some countries, a xenophobic or even corrupt judge.

Reconceptualizing Chevron And Discretion: A Comment On Levin And Rubin, Gary S. Lawson

Faculty Scholarship

Professors Ronald Levin and Edward Rubin want to change the way we think about important administrative law concepts. Ronald Levin's paper, The Anatomy of Chevron: Step Two Reconsidered,1 argues that Chevron's2 currently ill-defined second step ought to be reconceptualized as an application of arbitrary or capricious review. Edward Rubin's paper, Discretion and Its Discontents,3 is part of his ongoing project to reconceptualize the way we think-and, more importantly, the way we talk-about the modern administrative state. Professor Rubin suggests that the oft-used word "discretion" does not usefully describe the bureaucratic operation of the modern managerial state and that it profitably …

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.

Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder

Articles

The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.

The Hunter Doctrine And Proposition 209: A Reply To Thomas Wood, Vikram David Amar, Evan H. Caminker

UC Law Constitutional Quarterly

In this short reply to the article by Thomas Wood, Professors Amar and Caminker argue that Mr. Wood has seriously misread and misunderstood the Supreme Court cases most relevant to Proposition 209's constitutionality. Importantly, Mr. Wood has failed to account for specific and straightforward language in the cases that directly contradicts his reading. Moreover, Mr. Wood fails to interpret the language of each opinion in the context of the entire case - and in the context of equal protection law generally - as careful constitutional analysis requires. For these reasons, Professors Amar and Caminker continue to believe that if lower …

Female Genital Mutilation: What Does The New Federal Law Really Mean?, Khadijah F. Sharif

Fordham Urban Law Journal

This Comment considers the growing number of immigrants who bring the traditional practice of female genital mutilation to the United States and examines the difficulty in protecting victims from the practice of female genital mutilation in insular communities. Part I outlines the three types of female genital mutilation, the cultural and religious reasons for the ritual, and the existence of the practice in the United States. Part II examines the provisions of the Immigrant Responsibility Act of 1996. Part III recognizes that the passage that the passage of the Immigrant Responsibility Act of 1996 is timely, but argues that its …

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …

Law And Truth: Replies To Critics, Dennis Patterson

SMU Law Review

No abstract provided.

Lawyers Rule: A Comment On Patterson's Theories Of Truth, David Luban

SMU Law Review

No abstract provided.

Some Limits Of Postmodernism In Legal Studies: On Dennis Patterson's Law And Truth, Charles Altieri

SMU Law Review

No abstract provided.

Legal Coherentism, Benjamin C. Zipursky

SMU Law Review

No abstract provided.

Why Quine Is Not A Postmodernist, Brian Leiter

SMU Law Review

No abstract provided.

Plain Meaning, The Tax Code, And Doctrinal Incoherence, Mary L. Heen

UC Law Journal

This Article examines the Supreme Court's interpretive approach in recent tax cases. Although the Supreme Court increasingly has applied a "plain meaning" approach in statutory construction cases, the Court does not consistently follow any one approach to statutory interpretation. Professor Heen argues that the Court's inconsistency leads to doctrinal incoherence, as illustrated by three recent tax decisions in which the Court used different interpretive approaches in construing the same statutory provision. Even if the plain meaning approach were more consistently applied as a decision-making procedure in tax cases, misinterpretations of the tax code would result from the inherent limitations of …

The "Constitutional Revolution" As A Crisis In Adaptivity, G. Edward White

UC Law Journal

The conventional explanation for the emergence of the "constitutional revolution" of the late 1930s, in which a number of doctrinal transformations took place in the constitutional jurisprudence of the Supreme Court, has been related to external events in American political culture such as the abortive "Courtpacking" plan introduced by Franklin Roosevelt in early 1937. According to the conventional explanation, which has retained a presumptive historiographical validity for nearly 50 years, Supreme Court constitutional doctrines changed in response to political pressures on the justices related to the triumph of the New Deal philosophy of governance.

Revisionist work in this decade has …

Power Outage: Amplifying The Analysis Of Power In Legal Relations (With Special Application To Unconscionability And Arbitration), Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.

Freedom Of Expression And Choice Of Language, Leslie Green

Articles & Book Chapters

This paper argues that sound principles of freedom of expression protect an individual's choice of which language to speak. They do so, not to guarantee against mistranslation, but rather to ensure that speakers are able to reach their intended audiences and, more importantly, to allow for the expressive value of speaking a particular language as a symbol of ethnic or political identification. The example of Quebec's Charter of the French Language and the resulting litigation is considered in some detail.

Just Say No Excuse: The Rise And Fall Of The Intoxication Defense, Mitchell Keiter

Journal of Criminal Law and Criminology

No abstract provided.

Goodbye To The Defense Of Selective Prosecution, Melissa L. Jampol

Journal of Criminal Law and Criminology

No abstract provided.

Risk-Utility Balancing In Design Defect Cases, David G. Owen

Faculty Publications

No abstract provided.

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

Shattering The Myth: Mediating Sexual Harassment Disputes In The Workplace, Carrie A. Bond

Fordham Law Review

No abstract provided.

Can Liberalism Justify Multiculturalism?, Robert Justin Lipkin

Buffalo Law Review

No abstract provided.

Native Cultures In A Rights Empire Ending The Dominion, Leon E. Trakman

Buffalo Law Review

No abstract provided.

Jaffee V. Redmond: The Supreme Court Recognizes The Psychotherapist-Patient Privilege In The Federal Courts And Expands The Privilege To Include Social Workers, Jason L. Gunter

Nova Law Review

No abstract provided.

An Equivocal Invocation Of One's Right To Remain Silent Will Not Cease Police Interrogation In Florida Anymore In Light Of The Florida Supreme Court's Decision In State Of Florida V. Owen, Beth Connolly

Nova Law Review

No abstract provided.

The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman

St. Mary's Law Journal

Abstract Forthcoming.