Digital Commons Network^™

Metaphor And Method: How Not To Think About Constitutional Interpretation, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Evidence—New Federal Standard For Admission Of Scientific Evidence. Daubert V. Merrell Dow Pharmaceuticals, Inc., 113 S. Ct. 2786 (1993)., Ed Koon

University of Arkansas at Little Rock Law Review

No abstract provided.

A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan

Indiana Journal of Global Legal Studies

In this article, Professor Scanlan argues that in spite of recent

trends toward globalism, traditionally composed nation-states,

especially the United States, will continue to exercise localized

control over immigration and receiving nations may pursue

increasingly restrictive policies. The author begins with a history

of recent U.S. and European Union (EU) immigration policies,

positing that State self-interest has always played a central role.

Next, he traces the post-World War II development of the

"international refugee regime" as well as the development of the

European Union's "open"- labor market. Professor Scanlan

predicts that international agencies will become less efficacious for

several reasons, …

Principles And Particularity: The Role Of Cases In Bioethics, John D. Arras

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

"Mother," "Parent," And Bias, A. Jasmine Rassam

Indiana Law Journal

No abstract provided.

Marital Rape: A Higher Standard Is In Order, Linda Jackson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Towards International Norms On Linguistic Rights: The Russian-Romanian Controversy In Moldova, John Quigley

Connecticut Journal of International Law

The right to use one's native language might seem so basic as to be uncontroversial. There is little that is more essential to the human personality than self-expression in the language an individual knows best. One who is impeded in communication ability for linguistic reasons is unable to participate fully in society and to protect him or herself from violations of civil rights. If the world were composed of authentic nation states, and if foreigners did not enter as immigrants, there would be little difficulty over language use. However, in many states ethnic minorities speak languages different from that of …

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

Erasing Race From Legal Education, Judith G. Greenberg

University of Michigan Journal of Law Reform

In this Article, Professor Greenberg argues that law schools claim to treat African American students as if their race is irrelevant, yet law school curricula have a hidden message that African American students are in fact inferior and dangerous to white students. When African American students do not perform as well as white students, they are assumed to have deficient skills and are placed in remedial programs to improve those skills. Professor Greenberg argues that the cause of African American students' poor performance in law school is not necessarily deficient skills, but rather a bias inherent in the structure of …

Receiving The International, David Kennedy

Connecticut Journal of International Law

Let me begin by thanking the University of Connecticut School of Law for the honor to deliver the first Elihu Burritt Lecture in International Law. I would like to use this opportunity to reflect on a commonplace in current discussions about government, politics and law: namely, that things are becoming more and more international in ways that will change both public law and political culture. For some, this internationalization is exciting: new opportunities, new technologies, an escape from all the rigidities and disappointments of local politics. Others see internationalization more as something to be gotten used to; a necessary, if …

The First Amendment's Challenge Function And The Confusion In The Supreme Court's Contemporary Free Exercise Jurisprudence, Marci A. Hamilton

Articles

No abstract provided.

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

Articles

The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

The Paradoxes Of National Self-Determination, Brian Slattery

Osgoode Hall Law Journal

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood …

Federalism, Untamed, Ann Althouse

Vanderbilt Law Review

Do you rankle at those amorphous rhapsodies about "Our Federalism" indulged in by judges who relegate civil rights litigants to state courts?' Why would anyone see cases in which state officials stand charged of violating the rights of individuals as presenting an occasion for deference to the states? If federal rights take precedence over state policies and practices, is it not perverse to prefer adjudication in the courts that have the strongest bias in favor of state interests? If jurisdiction is a duty and declining jurisdiction consequently a dubious business, shouldn't we reject judge-made doctrine and statutory interpretation that restrict …

Five Views Of Federalism: "Converse-1983" In Context, Akhil R. Amar

Vanderbilt Law Review

In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been …

Reintroducing Equal Treatment In The Toxic Litigation Arena: An Exploration Of The Factors Courts Utilize To Divide The Costs Of Environmental Remediation , Lauren E. Passmore

Cornell Law Review

No abstract provided.

Need For An Independent International Mechanism To Protect Group Rights: A Case Study Of The Kurds, The, Olivia Q. Goldman

Tulsa Journal of Comparative and International Law

No abstract provided.

Intercountry Adoption Today And The Implications Of The 1993 Hague Convention On Tomorrow, Susann M. Bisignaro

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz

Washington and Lee Law Review

No abstract provided.

Taxes, Morals, And Legitimacy, Leo P. Martinez

BYU Law Review

No abstract provided.

Living With The Ban On Nonrefundable Retainers: Cooperman's Scope, Meaning And Consequences, Lester Brickman, Lawrence A. Cunningham

Articles

No abstract provided.

Libi The Fund For Strengthening Israel’S Defence V. Binstock, Mishael Cheshin, Meir Shamgar, Eliezer Goldberg

Translated Opinions

Facts: The late Shalom Wagner, in his last will, disinherited his sister and her children, who were his closest family, and left the residue of his estate to the LIBI Fund. The family challenged the will, on the grounds that the deceased had been hospitalized with mental illness shortly before making the will and also subsequently, and at those times he suffered from delusions that his sister was trying to poison him. The deceased’s lawyer, however, testified that the deceased’s reason for changing the will was the fact that his nephew had not returned to him money that he deposited …

Federalism, Regionalism, And Sovereignty In Russia, Alex Dehgan

Seton Hall Constitutional Law Journal

No abstract provided.

Salt Equalizer, Vol. 1994, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Juan F. Perea, English-Only Rules: SALT Convinces the Solicitor General, But Not the High Court, at 1.

Jean C. Love, President's Column, at 1.

Joyce Saltalamachia, SALT Board Meets in Washington, at 2.

Arthur S. Leonard, New York High Court Says Schools Can Bar Military Recruiters; Congressional Reaction Threatened, at 3.

Rand E. Rosenblatt, SALT's Health Reform Committee Continues Its Struggle Against Vested Interests, at 5.

Jean DeStefano, First Monday in October is Public Interest Law Day, at 5.

Patricia A. Cain, SALT Supports Asian-American Law Professors' Conference, at …

Title Vii And The Complex Female Subject, Kathryn Abrams

Michigan Law Review

One strength of Title VII has been its capacity to accommodate the changing conceptions of discrimination and the self-conceptions of subject groups. In the first decades of its enforcement, advocates have raised - and courts have endorsed - a range of contrasting conceptions in order to broaden the employment opportunities of protected groups. This flexibility is particularly evident with respect to women.

After exploring recent doctrinal efforts to respond to complex claimants, I address these questions and assess the prospects of change. Although the unitary or categorical notions of group identity under which Title VII has historically been enforced might …

Hate Speech In The New South Africa: Constitutional Considerations For A Land Recovering From Decades Of Racial Repression And Violence, Eric Neisser

Seton Hall Constitutional Law Journal

No abstract provided.

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.

Office Of The Legislative Analyst, A. Rovell, E. D'Angelo, J. D'Angelo

California Regulatory Law Reporter

No abstract provided.

Minority Language Education Rights In Canada, Anwar N. Khan

The Journal of Law and Education

No abstract provided.