Digital Commons Network^™

This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag

Publications

No abstract provided.

There And Back Again--An Indian Hobbit's Holiday: Indians Teaching Indian Law, G. William Rice

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Culture, Cash Or Calories: Interpreting Alaska Native Subsistence Rights, Jeremy David Sacks

Alaska Law Review

No abstract provided.

The Tensions Between Regulating Workplace Harassment And The First Amendment: No Trump, Nadine Strossen

Chicago-Kent Law Review

No abstract provided.

Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky

UF Law Faculty Publications

This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.

Transsexualism As Metaphor: The Collision Of Sex And Gender, Leslie Pearlman

Buffalo Law Review

No abstract provided.

"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi

Michigan Law Review

The Supreme Court's recent decision in United States v. Lopez marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers. After being "asleep at the constitutional switch" for more than fifty years, the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event. Even if Lopez produces no progeny and is soon overruled, the opinion has shattered forever the notion that, after fifty years of Commerce Clause precedent, we can never go back to the …

Grounds Of Unconstitutionality: The Italian Case, Riccardo Guastini

Cardozo Law Review

Validity and invalidity are properties of legal rules. Both concepts refer to relationships-relationships between a given rule and the second-order rules that govern its creation and contents.

Indeed, it is a well-known feature of modern legal systems that law regulates, among other things, the creation of law itself. This amounts to saying that each legal system includes a large variety of second-order rules that govern the production of further legal rules along with "ordinary" rules of behavior, such as the rules of criminal law. Second-order rules regulate both the rule-making process and, to a certain extent, the contents of forthcoming …

Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Articles

Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.

Designing A "System For Idiots": An Analysis Of The Impracticality Of Davis V. United States On Ambiguous Waivers Of The Right To The Presence Of Counsel, William G. Worobec

Northern Illinois University Law Review

This article explains the United States Supreme Court holding that police, upon a suspect's equivocal reference to their Fifth Amendment right to the presence of counsel during interrogation, are no longer required to clarify the suspect's true intent. The author contends the majority was erroneous in holding equivocal waivers to be equivalent to clear waivers, and that the decision could not be reconciled with Miranda and its progeny. The Court has impermissibly placed the burden of a mastery of the law on the less knowledgeable suspect, and consideration need be given to existing lower court proposals, or a modification thereof …

Awareness Of Meaning In Libel Law: An Interdisciplinary Communication & Law Critique, Clay Calvert

Northern Illinois University Law Review

This article critiques, from a communication and law perspective, a proposal to add another element to the already complex calculus of constitutional libel law. The element--a subjective state of mind hurdle closely akin to the actual malice standard--requires libel plaintiffs to prove that defendants were aware of the defamatory meaning conveyed by their messages at the time of publication. The article suggests that while free speech and press interests under the First Amendment may militate in favor of courts adopting this element, it: 1) conflicts with tie reality of communication processes inherent in meaning determination; 2) denigrates the pivotal roles …

Taking Liberties With The First Amendment: Congress, Section 5, And The Religious Freedom Restoration Act, Jay S. Bybee

Vanderbilt Law Review

In July 1788 the North Carolina legislature was considering ratification of the Constitution, a constitution that did not contain a Bill of Rights. As the delegates reached the Religious Test Clause, Henry Abbot remarked:

"Some are afraid... that, should the Constitution be received, they would be deprived of the privilege of worshiping God according to their consciences, which would be taking from them a benefit they enjoy under the present constitution. They wish to know if their religious and civil liberties be secured under this system, or whether the general government may not make laws in- fringing their religious liberties.... …

Risk Assessment And Environmental Justice: A Critique Of The Current Legal Framework And Suggestions For The Future, Kathy Bunting

Buffalo Environmental Law Journal

No abstract provided.

Immigration Crisis In Federalism: A Comparison Of The United States And Canada, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

Mesopotamian Legal Traditions And The Laws Of Hammurabi, Martha T. Roth

Chicago-Kent Law Review

No abstract provided.

Reverse Confusion:  Modifying The Polaroid Factors To Achieve Consistent Results, Molly S. Cusson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Violence, Representation, And Responsibility In Capital Trials: The View From The Jury, Austin Sarat

Indiana Law Journal

Symposium: The Capital Jury Project

Discretion In Capital Sentencing Instructions: Guided Or Misguided?, James Luginbuhl, Julie Howe

Indiana Law Journal

Symposium: The Capital Jury Project

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.

The Indian Child Welfare Act: Guiding The Determination Of Good Cause To Depart From The Statutory Placement Preferences, Denise L. Stiffarm

Washington Law Review

Since 1978, custody proceedings involving Indian children have been subject to the provisions of the Indian Child Welfare Act. The substantive provisions of the Act set forth placement preferences for state courts to follow when determining adoptive, preadoptive, and foster care placement of Indian children. While the Act directs that the preferences are to be followed in the absence of good cause to the contrary, it does not include a corresponding definition of what constitutes good cause. The result under this vague standard has been a lack of uniformity in state court treatment of the "good cause" determination. This Comment …

Of "Sloppy Journalism," Corporate Tyranny," And Mea Culpas: The Curious Case Of Moldea V. New York Times, David A. Logan

William & Mary Law Review

No abstract provided.

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.

Cultural Protection As A Rationale For Legislation: The French Language Law Of 1994 And The European Trend Toward Integration In The Face Of Increasing U.S. Influence, Michele Belluzzi

Penn State International Law Review (1982 - 2011)

No abstract provided.

Vol. 18 No. 3 (1995): 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 …

Vol. 18 No. 3 (1995): 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 …

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

Pacific Studies

Book Listing for the Vol 18, No 3 Edition of the Pacific Studies Journal

Motions 1995 Volume 31 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Is Religious Harassment "More Equal?", Terry Morehead Dworkin, Ellen R. Peirce

Seton Hall Law Review

No abstract provided.

God Is As God Does: Law, Anthropology, And The Definition Of "Religion", James M. Donovan

Seton Hall Constitutional Law Journal

No abstract provided.