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A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer Jan 1996

A Different Approach To Jurisprudence? Feminisms In German Legal Science, Legal Cultures, And The Ambivalence Of Law, Susanne Baer

Cardozo Journal of Equal Rights & Social Justice

The integration of feminist theories into legal science and education faces significant challenges, particularly in Germany, where institutional and cultural barriers have slowed progress compared to other countries like Norway, Denmark, and the U.S. While feminist approaches have made inroads elsewhere, Germany remains hesitant, with the question of whether feminism belongs in legal education still unanswered. The tension between feminist perspectives and traditional legal methodologies, coupled with structural academia challenges, underscores the difficulty of achieving meaningful integration.

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"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming Jan 1996

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.

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A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.

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The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya Jan 1996

The Awas Tingni Petition To The Inter-American Commission On Human Rights: Indigenous Lands, Loggers, And Government Neglect In Nicaragua, S. James Anaya

Publications

No abstract provided.

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Legal Interpretation At The European Court Of Justice, Nial Fennelly Jan 1996

Legal Interpretation At The European Court Of Justice, Nial Fennelly

Fordham International Law Journal

The object of all interpretation lies in the true intention of the lawmakers, whether they be framers of a constitution or a treaty, legislators, or drafters of secondary legislation. Its pursuit at The Court of Justice of the European Communities demands of the common lawyer a readiness to set sail from the secure anchorage and protected haven of “plain words” and to explore the wider seas of purpose and context. This Essay is an attempt to enunciate the essential elements of the Court's approach to legal interpretation, by the only Irish Advocate General to be appointed to that Court to …

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The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm Jan 1996

The Helms-Burton Blocking Statute Of The European Union, Jürgen Huber Llm

Fordham International Law Journal

According to European Community ("EC") law, the initiative for legislation lies with the Commission of the European Communities (“Commission”). Therefore, on July 31, 1996, the Commission submitted to the Council of the European Union a “proposal for a Council regulation protecting against the effects of the application of certain legislation of certain third countries, and actions based thereon or resulting therefrom.” After long and intensive discussions by the Committee of Permanent Representatives of the Member States (“COREPER”) and at the ministerial level, which proved to be difficult due to political and legal reasons, the Council, during its October 28, 1996 …

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U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells Jan 1996

U.N. Sanctions In Haiti: A Contradiction Under Articles 41 And 55 Of The U.N. Charter, Felicia Swindells

Fordham International Law Journal

This Note analyzes the United Nations' use of sanctions in Haiti to draw lessons for the future use of sanctions and argues that there is an inherent tension in the Charter between measures called for under Article 41 and the United Nations' obligations under Article 55. Part I of this Note presents the background and the legal bases for U.N. sanctions. Part I also discusses the adoption of measures to solve Haiti's crisis outside of and within the Chapter VII framework of the U.N. Charter. Part II examines the debate surrounding the use of sanctions to solve Haiti's crisis. Part …

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Silence Coerced By Law: A Look At Recent National And International Efforts To Silence Offensive Expression, Edward J. Cleary Jan 1996

Silence Coerced By Law: A Look At Recent National And International Efforts To Silence Offensive Expression, Edward J. Cleary

Washington and Lee Law Review

No abstract provided.

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Verna Caporoz, Roxsanne Clastimado, Barney Caporoz V. Guillermo Rodriguez, Margaret Rodriguez, Willie Rodriguez, Tim Fraga : Reply Brief, Utah Court Of Appeals Jan 1996

Verna Caporoz, Roxsanne Clastimado, Barney Caporoz V. Guillermo Rodriguez, Margaret Rodriguez, Willie Rodriguez, Tim Fraga : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

PETITIONERS REPLY BRIEF ON PETITION FOR REVIEW OF THE INDUSTRIAL COMMISSION OF UTAH'S ORDER

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Law As A Foreign Language: Understanding Law School, Ken Vinson Jan 1996

Law As A Foreign Language: Understanding Law School, Ken Vinson

City University of New York Law Review

No abstract provided.

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Foreword To The First Virtual Forum: Wallace Stevens, Blackbirds And The Hearsay Rule, Craig R. Callen Jan 1996

Foreword To The First Virtual Forum: Wallace Stevens, Blackbirds And The Hearsay Rule, Craig R. Callen

MC Law Review

Symposium - Hearsay and Implied Assertions: How Would (or Should) the Supreme Court Decide the Kearley Case: Foreword

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Plugs, Holes, Filters, And Goals: An Analysis Of Legislative Attitudes, M.B.W. Sinclair Jan 1996

Plugs, Holes, Filters, And Goals: An Analysis Of Legislative Attitudes, M.B.W. Sinclair

NYLS Law Review

No abstract provided.

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Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider Jan 1996

Are Non-English-Speaking Claimants Served By Unemployment Compensation Programs? The Need For Bilingual Services, Mary K. Gillespie, Cynthia G. Schneider

University of Michigan Journal of Law Reform

This Article examines the need for interpreters and translated written materials in unemployment compensation programs for those claimants who do not read, understand, or speak English well or at all. Thousands of employable persons in the United States do not read, understand, or speak English. These persons may be unable to receive unemployment compensation benefits or may receive delayed benefits solely because they are unable to comprehend English. The authors examine how ten states with substantial populations of limited-English-proficient speakers have provided these persons access to their state's unemployment compensation programs. The authors find varying practices among the states in …

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How Would Or Should The Supreme Court Interpret The Definitions In Rule 801, Margaret A. Berger Jan 1996

How Would Or Should The Supreme Court Interpret The Definitions In Rule 801, Margaret A. Berger

MC Law Review

Symposium - Hearsay and Implied Assertions: How Would (or Should) the Supreme Court Decide the Kearley Case

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Copyright For Visual Art In The Digital Age: A Modern Adventure In Wonderland, Jeanne English Sullivan Jan 1996

Copyright For Visual Art In The Digital Age: A Modern Adventure In Wonderland, Jeanne English Sullivan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Justice Beryl Levine: Taking Her Title Seriously In North Dakota Criminal Cases, Thomas M. Lockney Jan 1996

Justice Beryl Levine: Taking Her Title Seriously In North Dakota Criminal Cases, Thomas M. Lockney

North Dakota Law Review

No abstract provided.

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

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

McGeorge School of Law Scholarly Articles

No abstract provided.

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Quebec's Perspective On Social Aspects And The Broadening Of Free Trade In The Americas, Osvaldo Nunez Jan 1996

Quebec's Perspective On Social Aspects And The Broadening Of Free Trade In The Americas, Osvaldo Nunez

Connecticut Journal of International Law

This Article will argue that two attitudes toward continental trade liberalization clashed in Canada when the FTA and North American Free Trade Agreement (NAFTA)5 were debated: the more venturesome view held by Quebec, and the other more hesitant view held by the rest of Canada. Whether Quebec chooses to remain a Canadian province or take on the status of a sovereign state, it will remain an enthusiastic supporter of trade liberalization throughout the continent; Quebec will support such free trade even though some analysts have raised legitimate questions about the challenges that trade liberalization poses, particularly at the social level. …

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Copyright And Computer Programs: It's All In The Definition, William F. Patry Jan 1996

Copyright And Computer Programs: It's All In The Definition, William F. Patry

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Pariah Principle, Suzanna Sherry, Daniel A. Farber Jan 1996

The Pariah Principle, Suzanna Sherry, Daniel A. Farber

Vanderbilt Law School Faculty Publications

The Supreme Court's recent decision in Romer v. Evans' has caused both joy and consternation. Among legal scholars, however, it has mostly engendered puzzlement. The Court explicitly avoided the most doctrinally plausible grounds for invalidating Colorado's ban on anti-discrimination protections for homosexuals. Instead it purported to strike down the state constitutional amendment under minimal scrutiny or rational basis review. The word on the street-or, in the case of lawyers and law professors, the word on the internet-is that Romer cannot mean what it says, but instead must be a way-station to declaring homosexuality a quasi-suspect classification like gender or illegitimacy. …

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The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen Jan 1996

The Most Dangerous Justice: The Supreme Court At The Bar Of Mathematics, Paul H. Edelman, Jim Chen

Vanderbilt Law School Faculty Publications

We analyze the relative voting power of the Justices based upon Supreme Court decisions during October Term 1994 and October Term 1995. We take two approaches, both based on ideas derived from cooperative game theory. One of the measures we use has been used in connection with voting rights cases. After naming the Most Dangerous Justice, we conclude by identifying and explaining the inverse relationship between seniority and voting power.

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The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez Jan 1996

The New Wittgensteinians And The End Of Jurisprudence, George A. Martinez

Faculty Journal Articles and Book Chapters

This article seeks to critically evaluate the new approach to jurisprudence and legal justification. In particular, one of the most significant contributions of the article is that it seeks to evaluate the new approach by, among other things, examining the history of the Wittgensteinian descriptive project in other areas of philosophy. The article focuses primarily on the work of Philip Bobbitt who has offered the leading example of this type of neo-Wittgensteinian approach. The arguments generated in the course of the article, however, may be applied against any neo-Wittgensteinian internalist approach to jurisprudence. Thus, the article seeks to provide a …

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Chon On Chen On Chang, Margaret Chon Jan 1996

Chon On Chen On Chang, Margaret Chon

Faculty Articles

This essay attempts to highlight and explore Bob Chang's implicit disclaimers for an Asian American legal scholarship situated within post-structuralism: that it is contingent, ironic, and yearns for a chimerical solidarity, these qualities should not lead to the conclusion that his claims lack positive vision, the narrative space that Chang advocates allows for creative articulations of Asian presence in America, in both theoretical and practical realms. Thus, after considering the nature of the misunderstanding between Chang and Chen, the author will turn briefly to one example of positive articulation-the diaspora perspective-and read it into Jim Chen's text.

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Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender Jan 1996

Consumer Protection For Latinos: Overcoming Language Fraud And English Only In The Marketplace, Steven W. Bender

Faculty Articles

Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied …

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Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang Jan 1996

Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

Faculty Articles

In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

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On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth Jan 1996

On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth

Faculty Articles

In this appreciative review, Professor William Jones's work is used to demonstrate that sensitivity to issues of methodology are indispensable for comparative law scholars. Professor Jones's work is valuable because (1) it is marked both by an awareness of the methodological difficulties faced by the comparativist and a confidence that it is nonetheless possible to transcend these difficulties and (2) it makes a meaningful contribution to the development of an understanding of a foreign legal order. The article concludes by stating that Professor Jones's work will influence future generations of scholars trying to answer the why, what, and how of …

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Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren Jan 1996

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang Jan 1996

European Community Antitrust Law: Innovation Markets And High Technology Industries, John Temple Lang

Fordham International Law Journal

This Article considers how far high technology industries give rise to Community antitrust law questions that are new and limited to or characteristic of those industries. Originally, this Article was to discuss the Community antitrust law experience of the issues raised at the U.S. Federal Trade Commission ("FTC") hearings and in the FTC report on innovation competition ("FTC Report"). Not all of the issues considered by the FTC, however, have arisen in Europe to such an extent that makes it worthwhile to consider them, and some issues have arisen or are arising in the European Community that have not been …

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Bosphorus Case: The Balancing Of Property Rights In The European Community And The Public Interest In Ending The War In Bosnia, Erik Drewniak Jan 1996

Bosphorus Case: The Balancing Of Property Rights In The European Community And The Public Interest In Ending The War In Bosnia, Erik Drewniak

Fordham International Law Journal

This Comment argues that the European Court of Justice ("ECJ") should choose not to follow its holding that Regulation 990/93 applied to the aircraft that Bosphorus leased from Yugoslavian National Airline ("JAT"), because it is not clear that the language of Resolution 820 and Regulation 990/93 provides for the impounding of aircrafts whose Yugoslavian owner leased them to non-Yugoslavian businesses in which no Yugoslavian entity has a majority or controlling interest. This Comment further argues that in so holding, the ECJ violated Bosphorus' fundamental right to property because the impounding of the aircraft was disproportionate to the concrete purpose of …

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Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade Jan 1996

Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade

Fordham International Law Journal

As the title of this introduction implies, there are few traces of hope and optimism to be found in Haiti's current situation. If the unavoidable problems of rural communities in a nation of peasants such as Haiti are left unaddressed, and if the nation continues to rely on the standards of the old police state as a model for the new national police, Haiti's transition toward democracy will be off to a bad start. There must be the immediate desire to straighten out this tangled web if Haiti is not to miss this window of opportunity. This Article analyzes this …

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