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Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1996

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 19, No 1 Edition of the Pacific Studies Journal

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Vol. 19 No. 1 (1996): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1996

Vol. 19 No. 1 (1996): Pacific Studies Front Matter, 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 …

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Thinking Like A Lawyer: Second Thoughts, James R. Elkins Mar 1996

Thinking Like A Lawyer: Second Thoughts, James R. Elkins

Mercer Law Review

What does it mean to have a law-trained mind? What kind of purposes and achievements are held out to those who seek schooling in law? What kind of failures are associated with those who adopt a legal mind-set? What happens to the moral sensibilities of those who follow the path of teachers who claim to teach you to "think like a lawyer"? How does a law education shape one's ethics and how is this education put to work in the practice of law? What do we become as a result of an education in law? These are difficult questions because …

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The Incarnate Word, That Old Rugged Cross And The State: On The Supreme Court's October 1994 Term Establishment Clause Cases And The Persistence Of Comic Absurdity As Jurisprudence, Larry Cata Backer Mar 1996

The Incarnate Word, That Old Rugged Cross And The State: On The Supreme Court's October 1994 Term Establishment Clause Cases And The Persistence Of Comic Absurdity As Jurisprudence, Larry Cata Backer

Tulsa Law Review

No abstract provided.

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Vol. 19 No. 1 (1996): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1996

Vol. 19 No. 1 (1996): 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 …

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De Collisione Discursuum: Communicative Rationalities In Law, Morality, And Politics, Gunther Teubner Mar 1996

De Collisione Discursuum: Communicative Rationalities In Law, Morality, And Politics, Gunther Teubner

Cardozo Law Review

At the end of the seventeenth century, Johan Nikolaus Hert, a German legal scholar of Roman private law, wrote the treatise De Collisione Legum. He was dealing with one of the most disturbing experiences in his epoch of the emerging nation states-the experience that on earth there was more than one law, more than one justice. Hert stood in stark contrast to his more famous French contemporary, the brilliant Blaise Pascal, who reacted to the same problem with critique, deconstruction, and irony: "A funny justice that ends at a river! Truth on this side of the Pyrenees, error on …

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Liberties And Popular Sovereignty: On Jurgen Habermas’S Reconstruction Of The System Of Rights, Ingeborg Maus Mar 1996

Liberties And Popular Sovereignty: On Jurgen Habermas’S Reconstruction Of The System Of Rights, Ingeborg Maus

Cardozo Law Review

The justifications Jurgen Habermas gives for a system of rights bring together the central intentions of his theory of law. The chapter of his book which provides these justifications is devoted in part to developing the underlying tension between "facticity and validity" as the basic structure of law taking the extreme and, for that reason, illuminating aspect of the guarantee of liberty through coercion. It also elucidates the motives for reestablishing the centuries-old connection between legal theory and social theory in the context of the most topical social problems. Whereas all subsectors of contemporary society have been juridified on a …

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Quod Omnes Tangit: Remarks On Jurgen Habermas’S Legal Theory, Niklas Luhmann Mar 1996

Quod Omnes Tangit: Remarks On Jurgen Habermas’S Legal Theory, Niklas Luhmann

Cardozo Law Review

Quod omnes tangit, omnibus tractari et approbari debet. The Middle Ages found this rule in Roman law. It had to do with the circumstance of a plurality of legal guardians over the same ward. In the typical case, one guardian's approval was legally sufficient authorization in legal transactions. Since every other rule had seriously damaged business dealings, the business partner's confidence had to be protected. On the other hand, this consideration-that one guardian's approval is legally sufficient authorization for an emancipation-could not have led to a fully realized emancipation of a ward. Nor could it have led to the …

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Habermas And The Counterfactual Imagination, Michael K. Power Mar 1996

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

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Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble Mar 1996

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

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Jurgen Habermas’S Theory Of Legal Discourse, Robert Alexy Mar 1996

Jurgen Habermas’S Theory Of Legal Discourse, Robert Alexy

Cardozo Law Review

Jurgen Habermas's discourse theory of law attempts to show that the ideal contents of the discourse principle can be realized within the institutional frame of a legal system. The result is a theory of the democratic constitutional state whose basic idea is the association and self-determination of free and equal consociates under the law. This theory is far more than a mere application of discourse theory to the law. Discourse theory, on the one hand, demands the institutionalization of a legal system for reasons internal to the theory. On the other hand, the positive law remains dependent on discourse theory …

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Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther Mar 1996

Communicative Freedom, Communicative Power, And Jurisgenesis, Klaus Günther

Cardozo Law Review

One of the doubts raised against discourse theory by many critics concerns the place of the individual. Liberals especially fear that the individual gets involved in a system of obligations which is derived from certain pragmatical presuppositions of communication and which forces the individual to participate in discourses whenever he or she pursues his or her own happiness in society. But Jacques Derrida too, who could scarcely be called a "liberal" in the traditional sense, characterizes those presuppositions of communication which entail an obligation for the speaker and the hearer as "violence." For these critics, it must now be a …

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Jurisprudence And Validity, David M. Rasmussen Mar 1996

Jurisprudence And Validity, David M. Rasmussen

Cardozo Law Review

The relationship between law and philosophy and their respective discourses has never been harmonious. Just as Plato wanted to throw the poets out of his Republic on the basis of their tendency to corrupt, the law as a discipline has not been overwhelmed by those whose Platonic fervor would purify their enterprise and set them straight. The difference between legal procedure and philosophical-political reflection has not been easy to reconcile. Hobbes argued for the virtues of sovereignty against the self-regulating legal discipline that Lord Coke represented as having confidence in the practical orientation of "Juris prudentia," Blackstone tried …

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Law And Political Culture, Dick Howard Mar 1996

Law And Political Culture, Dick Howard

Cardozo Law Review

A decade ago Habermas announced a project in his The Theory of Communicative Action. Those who slipped into the habit of talking about this project as his Rechtsphilosophie may be surprised by the sobriety of Habermas's choice for the book's title. The foreword to Faktizitat und Geltung rejects any comparison with Hegel's systematic Grundlinien der Philosophie des Rechts. Habermas contrasts his "methodical-pluralistic" proposals to the idealistic concepts of Geist and Sittlichkeit, which are unable to account for complex modern societies. The apparent modesty of Habermas's claims is underlined by his subtitle, Contributions to a Discourse Theory of …

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Habermas And The Postal Rule, Peter Goodrich Mar 1996

Habermas And The Postal Rule, Peter Goodrich

Cardozo Law Review

It seems somewhat churlish at the end of so much discussion, at the terminus of the circulation of so extensive a commentary and critical appraisal of a single text, to offer further doubts, to intimate certain additional, and worse, extraneous criticisms of Jurgen's contribution to jurisprudence. Nonetheless, there is a tangible theme of misunderstanding, noncomprehension, and failed communication that has accompanied the debate in this conference and can act as the proximate emblem of the following intervention. This essay will simply suggest that there is little in Habermas's study of legal discourse and of the conditions under which the rule …

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Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost Feb 1996

Affirmative Duties, Systemic Harms, And The Due Process Clause, Barbara E. Armacost

Michigan Law Review

Part I of the article lays out the major academic criticisms of DeShaney v. Winnebago County Department of Social Services. Part II describes the contours of liability for failure to protect in tort. Part III offers a positive explanation for the strong presumption against governmental liability in failure-to-protect cases: permitting broad liability for failure to protect would involve the courts in second-guessing political decisions about the use of limited community resources. This explanation has two parts. First, as a matter of institutional competence, budgetary decisions about the appropriate level and distribution of public services are better suited to political rather …

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The Economic Basis Of Law As Demonstrated By The Reformation Of Nis Legal Systems, John J.A. Burke Feb 1996

The Economic Basis Of Law As Demonstrated By The Reformation Of Nis Legal Systems, John J.A. Burke

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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

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.

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Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank Jan 1996

Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank

Faculty Articles and Other Publications

This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.

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Guests In Another's House: An Analysis Of Racially Disparate Bar Performance, Cecil J. Hunt Ii Jan 1996

Guests In Another's House: An Analysis Of Racially Disparate Bar Performance, Cecil J. Hunt Ii

Florida State University Law Review

No abstract provided.

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The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds Jan 1996

The Second Amendment And States' Rights: A Thought Experiment, Glenn Harlan Reynolds

Scholarly Works

Proponents of the so-called "collective right" model of the Second Amendment often assert that the right to bear arms exists only on the part of state militias, and not as any sort of individual right. Without addressing the merits of that claim, this Article examines the consequences of taking such a view seriously as a matter of constitutional law, and suggests that those consequences might be quite drastic.

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Literary Lawyer, The, Robin L. West Jan 1996

Literary Lawyer, The, Robin L. West

McGeorge Law Review

No abstract provided.

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Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E. B. Myers Jan 1996

Decade Of International Legal Reform Regarding Child Abuse Investigation And Litigation: Steps Toward A Child Witness Code, John E. B. Myers

McGeorge Law Review

No abstract provided.

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Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E. B. Myers, Karen J. Saywitz, Gail S. Goodman Jan 1996

Psychological Research On Children As Witnesses: Practical Implications For Forensic Interviews And Courtroom Testimony, John E. B. Myers, Karen J. Saywitz, Gail S. Goodman

McGeorge Law Review

No abstract provided.

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The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon Jan 1996

The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Historical Attitudes Toward Suicide, Daniel M. Crone Jan 1996

Historical Attitudes Toward Suicide, Daniel M. Crone

Duquesne Law Review

No abstract provided.

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The Art Of Verbal Engineering, Rita L. Marker, Wesley J. Smith Jan 1996

The Art Of Verbal Engineering, Rita L. Marker, Wesley J. Smith

Duquesne Law Review

No abstract provided.

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Suffering, Compassion, And Dignity In Dying, Courtney S. Campbell Jan 1996

Suffering, Compassion, And Dignity In Dying, Courtney S. Campbell

Duquesne Law Review

No abstract provided.

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The Cult Of Finality: Rethinking Collateral Estoppel In The Postmodern Age, Laura Gaston Dooley Jan 1996

The Cult Of Finality: Rethinking Collateral Estoppel In The Postmodern Age, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.

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Hungary, Refugees. And The Law Of Return, Maryellen Fullerton Jan 1996

Hungary, Refugees. And The Law Of Return, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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