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The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy

Scholarly Articles

This Article demonstrates that the journal is a pedagogical tool worthy of more explicit attention by both clinical law teachers and non-clinical faculty alike. It introduces some of the literature on critical thinking and learning theory that supports the assignment of journals as an important tool in legal education; it provides a starting point for articulating pedagogical goals that can be met through journal assignments; and it alerts the first-time user to the challenges inherent in the use of journals in legal education.

H. Jefferson Powell On The American Constitutional Tradition: A Conversation, Thomas L. Shaffer, John H. Robinson

Journal Articles

Jefferson Powell's recent book, The Moral Tradition of American Constitutionalism, was the point of departure for a series of short papers and conversations held in March of 1996 at the Notre Dame Law School.

The conversation began with a presentation by Professor Joseph Vining. His remarks were followed by a free-flowing conversation, loosely orchestrated by Professor Robinson, among the participants. After a break, the conversation was restarted with a presentation by Professor Maura Ryan, followed once again by a loosely orchestrated conversation. We turn first to Joseph Vining.

Rights, Remembrance, And The Reconciliation Of Difference, David M. Engel, Frank W. Munger

Journal Articles

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the Americans with Disabilities Act of 1990, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and "Jill Golding" from childhood through adolescence to adulthood and employment, we relate the …

Note: The Implications Of Human Rights Abuses Currently Occuring In The Baltic States Against The Ethnic Russian National Minority, Marc Holzapfel

Buffalo Journal of International Law

No abstract provided.

Constitutional Fairness Or Fraud On The Constitution--Compensatory Discrimination In India, E. J. Prior

Case Western Reserve Journal of International Law

No abstract provided.

Television Without Frontiers: The European Union's Continuing Struggle For Cultural Survival, Shaun P. O'Connell

Case Western Reserve Journal of International Law

No abstract provided.

The 1991 Transitional Charter Of Ethiopia: A New Application Of The Self-Determination Principle, Aaron P. Micheau

Case Western Reserve Journal of International Law

No abstract provided.

Developments In Constitutional Law: The 1994-95 Term, Hester Lessard, Bruce Ryder, David Schneiderman, Margot Young

All Faculty Publications

This essay explores the apparent triumph of the individual of classical liberalism in Supreme Court decision making. Our analysis examines the particular way in which this political imagery of the individual interacts with judicial assumptions about important social institutions: the family, religion, media, and the state. What is revealed is the judicial adoption of an intricate social and political map in which abstract individualism combines with, and often masks, traditional, conservative images of social order and moral choice.

Codes And Virtues: Can Good Lawyers Be Good Ethical Deliberators?, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Regardless of its specific contents, any black letter statutory codification regulating lawyers' conduct will be flawed as an instrument of ethics for lawyers. This is the central thesis of this Article. It is motivated by the idea that typical statutory prohibitions and permissions are likely to stunt sentimental responsiveness, a key feature of good ethical deliberation. Additionally, a certain technocratic mode of legal analysis heightens this tendency. Although other styles of lawyering might better engender sentimental responsiveness, statutory codes of lawyers' ethics do not invite this style as readily as a welldeveloped common law of lawyers' ethics would.

Changing Times: The Apa At Fifty, Peter L. Strauss

Faculty Scholarship

In early October 1995, Walter Gellhorn helped to open a National Archives display commemorating the fiftieth birthday of the Administrative Procedure Act ("APA"). That Act had begun to take shape just prior to World War II, when Gellhorn had directed the Attorney General's Committee on Administrative Procedure. Created in response to a political spasm of legislative activity that produced a "reform" bill President Roosevelt vetoed, Gellhorn's committee engaged in a thorough and careful survey of administrative agencies and their procedures. In the end, the committee produced twenty-seven monographs describing the variety of decision-making processes employed by the agencies and a …

"You're My What?" The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss

Fordham Law Review

No abstract provided.

Ethical Issues In Interviewing, Counseling, And The Use Of Psychological Data With Child And Adolescent Clients, Michael L. Lindsey

Fordham Law Review

No abstract provided.

Rules Of Confidentiality When Representing Children: The Need For A "Bright Line" Test, Randi Mandelbaum

Fordham Law Review

No abstract provided.

The Definition Of Hearsay: To Each Its Own, Roger C. Park

MC Law Review

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

The Child Witness And The Presumption Of Authenticity After State V. Michaels, Lisa Manshel

Seton Hall Law Review

No abstract provided.

L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines

Vanderbilt Journal of Transnational Law

This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …

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

Vanderbilt Journal of Transnational Law

The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.

Biological Continuity And Great Ape Rights, Mark A. Krause

Animal Law Review

No abstract provided.

Positivism And The Separation Of Law And Economics, Avery W. Katz

Faculty Scholarship

The modem field of law and economics – that is, the application of economic analysis to legal subjects other than trade and business regulation – is now over thirty years old, but it remains controversial in the legal academy and, to a lesser extent, in the profession at large. Since its beginnings in the early 1960s, the economic approach has provoked substantial opposition and antagonism. The sources of this resistance, however, are a matter of dispute. Many economists and economically influenced lawyers attribute it to more traditional lawyers' reluctance to learn a new and unfamiliar set of concepts and techniques. …

Bork V. Burke, Thomas W. Merrill

Faculty Scholarship

I would like to make the case for a conservative alternative to originalism. Much of the discussion that has taken place over the last two days has proceeded on the assumption that there are two choices. One is Robert Bork's originalism, justified by various values near and dear to conservative hearts, such as the rule of law, continuity with the past, the principle of democratic accountability, and so forth. The other is to flee into the hands of the so-called nonoriginalists, and embrace, to quote Judge Easterbrook quoting Justice Brennan, the judge's "personal confrontation with the well-springs of our society." …

Rights, Remembrance And The Reconciliation Of Difference, David Engel, Frank W. Munger

Articles & Chapters

Rights in American society present a paradox-critics increasingly assert that proliferation of rights is undermining Americans' sense of community, yet scholars continue to document Americans' reluctance to assert formal legal rights. We explore the meaning of rights in American society by describing the intersection between the evolving civil rights of a previously excluded minority, culminating in the, and the personal histories of two individuals who might potentially invoke or benefit from such rights. Tracing the life stories of "Sara Lane" and 'Jill Golding" from childhood through adolescence to adulthood and employment, we relate the everyday relevance or irrelevance of law …

The Militia Movement And Second Amendment Revolution: Conjuring With The People, David C. Williams

Articles by Maurer Faculty

No abstract provided.

Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs

Articles

No abstract provided.

The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Essay I suggest the heretical notion that the adversary system may no longer be the best method for our legal system to deal with all of the matters that come within its purview. If latetwentieth century learning has taught us anything, it is that truth is illusive, partial, interpretable, dependent on the characteristics of the knowers as well as the known, and, most importantly, complex. In short, there may be more than just two sides to every story. The binary nature of the adversary system and its particular methods and tactics often may thwart some of the essential …

Work Of Knowledge , Abner S. Greene

Faculty Scholarship

Interpretation involves the acquisition of knowledge. We are continually confronted with the results of purposive action. Sometimes these results are written texts, such as statutes or novels. Other times these results are events in the physical world, actions that we observe or the results of actions about which we are told. To make sense of these results of purposive action, that is, to make the results be more than just a jumble of sense impressions, the observer must find a way of organizing the material with which he or she is presented. These methods of organizing the results of purposive …

Beyond Autonomy: Coercion And Morality In Clinical Relationships, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article considers the problem of line-drawing between autonomy-preserving and autonomy-negating influence in clinical relationships. The author’s purpose is not to propose particular boundaries, either with respect to reproductive decisions by HIV-infected women or for other clinical choices. Rather, he attempts to shed some light on what drives our disputes about whether one or another influence method is compatible with autonomous choice.

The author argues that such disagreements reflect underlying conflicts between normative commitments, and that resolving these conflicts is essential to settling controversies over whether particular influences unduly interfere with autonomous choice. Alternative understandings of the prerequisites for autonomous …

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …

Fighting For Their Lives: Women, Poverty, And The Historical Role Of United States Law In Shaping Access To Women's Health Care, Susan L. Waysdorf

Kentucky Law Journal

No abstract provided.

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

Scholarly Works

What is a fact, and who gets to say what a fact is? These questions lurk beneath and animate the doctrine of collateral estoppel, or (as we modem types say) issue preclusion, in the law of civil procedure. But neither courts nor scholars have faced these basic questions head-on in considering the efficacy of a doctrine that literally exports findings of fact from one case to other unrelated cases. Instead, discussions about collateral estoppel have focused on the "fairness" of applying the doctrine, particularly in terms of the party to be bound by the predetermined fact and whether it had …

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.