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Vol. 18 No. 1 (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 …

The "Straight Mind" In Russ’S The Female Man, Susan Ayres

Faculty Scholarship

In The Female Man Russ contrasts our present-day heterosexual society with two revolutionary alternatives: a utopian world of women and a dystopian world of women warring with men. The novel functions as what Monique Wittig calls a "literary war machine" because it tries "to pulverize the old forms and formal conventions." Specifically, Russ critiques the "straight mind"—heterosexual institutions that regulate gender—by showing how two representatives from "our world" respond to those institutions. She also shows two alternative worlds that further undermine, but do not solve, the way heterosexual institutions regulate gender.

In responding to the straight mind and to the …

Critiquing The Legal Order In The Name Of “Critical Morality”, Julius Cohen

Cardozo Law Review

The moral criticism of the legal order has been a longtime sport (serious), if not an industry, for law teachers, theorists, judges, and other legal functionaries. In the process, they often reach for criteria beyond those utilized in conventional morality. Sometimes the reach "beyond" is ad hoc; sometimes it is accompanied by an awareness that it is toward a pattern of a higher-level, critical morality. The reach beyond is often triggered by a need to resolve conflicts within conventional morality. Or it is a function of the distrust of some of the sources of conventional morality, such as prejudice, unrefined …

A Tale Of Two Opinions: The Meaning Of Statutes And The Nature Of Judicial Decision-Making In The Administrative Context, Katherine L. Vaughns

BYU Law Review

No abstract provided.

Editorial Notes, Rafael V. Baca, Carlos V. Quinones

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Understanding Changed Readings: Fidelity And Theory, Lawrence Lessig

Articles

In this article, Professor Lessig proposes a theory to explain how new readings of the Constitution may maintain fidelity with past understandings of the document's meaning and purpose. After defining schematically some terminology for this exercise in "fidelity theory," the author proposes a general typology of four justifications for changed constitutional readings: amendment, synthesis, fact translation, and structural translation. Describing this last justification as so far overlooked, he illustrates, by way of four historical case studies, how structural translation results from a pragmatic institutional response by judges to subtle changes in interpretive context-changes both in what Professor Lessig calls the …

Ethnicity And The Constitution: Beyond The Black And White Binary Constitution, Juan F. Perea

William & Mary Law Review

No abstract provided.

Medea And The Un-Man: Literary Guidance In The Determination Of Heinousness Under Maynard V. Cartwright, Paul J. Heald

Scholarly Works

In particular, this Essay brings Dante, C.S. Lewis, and Euripides to bear on a discrete problem examined by the U.S. Supreme Court in Maynard v. Cartwright. Reading Dante's Inferno, Lewis's Perelandra, and Euripides's Medea provides guidance in responding to the Court's mandate that the state channel discretion in capital sentencing. Specifically, these works imply an ethical framework for determining what constitutes an "especially heinous, atrocious, or cruel" murder. Other literary texts are certainly relevant to Maynard. This Essay, however, is not an attempt to survey comprehensively and distill the insights provided by all relevant material, but rather …

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Stop Before You Shoot But Not Before You Destroy, Tara L. Mueller

UC Law Environmental Journal

No abstract provided.

Intolerant Democracies, Gregory H. Fox, Georg Nolte

Law Faculty Research Publications

International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-democratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.

This Article explores the legal issues raised by …

Vietnam's Labor Law: Can Labor Peacefully Coexist With Foreign Investment, Economic Development, And Structural Reform, Paul B. Walsh

Global Business & Development Law Journal

No abstract provided.

Vietnam's Labor Law: Can Labor Peacefully Coexist With Foreign Investment, Economic Development, And Structural Reform, Paul B. Walsh

Global Business & Development Law Journal

No abstract provided.

Gun-Free Schools: Constitutional Powers, Limitations, And Social Policy Concerns Surrounding Federal Regulation Of Firearms In Schools, Rachel J. Littman

Seton Hall Constitutional Law Journal

No abstract provided.

The Supreme Court’S Philosophy Of Science: Will The Real Karl Popper Please Stand Up?, Sean O'Connor

Faculty Scholarship

No abstract provided.

Nova Law Review Full Issue

Nova Law Review

No abstract provided.

Judicial Decisions And Linguistic Analysis: Is There A Linguist In The Court?, Lawrence Solan

Faculty Scholarship

No abstract provided.

In Re Alappat: A Strict Statutory Interpretation Determining Patentable Subject Matter Relating To Computer Software?, 13 J. Marshall J. Computer & Info. L. 635 (1995), Sang Hui Michael Kim

UIC John Marshall Journal of Information Technology & Privacy Law

This article is a review of the Federal Circuit Court decision of In Re Alappat. The subject of the case is an invention by Alappat. This invention is a “rasterizer that produces illumination intensity data ‘used’ by a display means to illuminate pixels on a screen according to a calculated illumination intensity value.” In analyzing this case, the Federal Circuit Court interpreted 35 U.S.C. sec. 112, para. 6 strictly and held that a “programmed computer becomes a new machine.” Alappat’s application is carefully followed because “it essentially undermines the basic principle of examination” by the U.S. Patent and Trademark Office. …

The Curious Case Of Alcee Hastings, Alan I. Baron

Nova Law Review

At 10:00 a.m. on October 20, 1989, the final act in a proceeding

unique in American history began to unfold as the United States Senate was

called to order by Senator Robert Byrd of West Virginia.

Parody (Of Celebrities, In Advertising), Parity (Between Advertising And Other Types Of Commercial Speech), And (The Property Right Of) Publicity - A Substantive And Procedural Path - Through Glitz, Wit, Rap, Suds, And Ink - To A Balanced Constitutional And Common Law Vindication Of Each, Michael E. Hartmann, Daniel R. Kelly

UC Law SF Communications and Entertainment Journal

In 1992's highly controversial White v. Samsung Electronics America, Inc., the United States Court of Appeals for the Ninth Circuit refused to create a parody exception to the common law right of publicity for a parodic advertisement. Almost all of the early legal commentary on White criticized the Ninth Circuit for not having created such an exception, most of it urging an emulation of federal statutory copyright law's fair use exception. In 1993's Cardtoons v. Major League Baseball Players Ass'n, the Northern District Court of Oklahoma similarly refused to create a parody exception to the right of publicity for an …

Rights And Their Critics Propter Honoris Respectum, Cass R. Sunstein

Articles

No abstract provided.

Judges' Writing Styles (And Do They Matter?), Richard A. Posner

Articles

No abstract provided.

The Journey, G. Peter Jemison

St. Thomas Law Review

No abstract provided.

Equality Of Indigenous Peoples Under The Auspicies Of The United Nations - Draft Declaration On The Rights Of Indigenous Peoples, Erica-Irene A. Daes

St. Thomas Law Review

No abstract provided.

Human Rights Education Programs For Indigenous Peoples: Teaching Whose Human Rights, Lynda Frost

St. Thomas Law Review

During the difficult decades of the 1970s and 1980s, human rights organizations (HROs), especially nongovernmental HROs, flourished in the Americas. The HROs directed their attention and resources toward documenting and denouncing the numerous and flagrant violations of human rights occurring in the region More recently the HROs found, partly because of their success, that demands for their services and funding for their projects have diminished. In an effort to revive and refocus their energy, many HROs have turned to human rights education as a new focus. Latin America has a strong tradition of popular education. Using techniques developed in popular …

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua

Book Reviews

Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.

Imagery And Adjudication In The Criminal Law: The Relationship Between Images Of Criminal Defendants And Ideologies Of Criminal Law In Southern Antebellum And Modern Appellate Decisions, Bernard E. Harcourt

Articles

No abstract provided.

Tort Theory And The Objectivity Of Corrective Justice, Brian Leiter

Articles

No abstract provided.

Consolidating Democracy In Latin America: Law, Legal Institutions And Constitutional Structure, Tom Farer

American University International Law Review

No abstract provided.