Digital Commons Network^™

Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo

Loyola University Chicago Law Journal

No abstract provided.

Mandated Access: Commensurability And The Right To Say No, Wendy J. Gordon, Anne E. Gowen

UC Law SF Communications and Entertainment Journal

No abstract provided.

Text, History, And Structure In Statutory Interpretation, Frank H. Easterbrook

Articles

No abstract provided.

Multiculturalism And Language Rights In Canada: Problems And Prospects For Equality And Unity, Terrence Meyerhoff

American University International Law Review

No abstract provided.

Defining Religion: An Immodest Proposal, Dmitry N. Feofanov

Hofstra Law Review

No abstract provided.

Automobile Leasing - Problems And Solutions, David A. Edelman

Loyola Consumer Law Review

No abstract provided.

Ethnic Cleansing In The Balkans: The Legal Foundations Of Foreign Intervention, David M. Kresock

Cornell International Law Journal

No abstract provided.

The Hidden Ball: A Substantive Critique Of Baseball Metaphors In Judicial Opinions, Chad M. Oldfather

Faculty Publications

This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions.

Indigenous Self-Government, Environmental Protection, And The Consent Of The Governed: A Tribal Environmental Review Process, Dean B. Suagee, Christopher T. Stearns

Colorado Environmental Law Journal

No abstract provided.

Lessons For The European Community From The Indian Experience With Federalism, Shivadev Shastri

UC Law SF International Law Review

As the European Community (EC) moves toward the goal of a unified Europe, it faces the challenge of evolving its institutions to accommodate its vast diversity while providing a foundation upon which a European unity can be fostered. India with a federal system encompassing pluralistic forces as diverse and complex as those of the EC, provides valuable lessons for the EC as the EC embarks upon the road to political and economic union. This Note explores the two different approaches to federalism embodied in EC and Indian efforts. The author compares the institutional features of the two systems, particularly discussing …

Compensation For Japan's World War Ii War-Rape Victims, Karen Parker, Jennifer F. Chew

UC Law SF International Law Review

Approximately 200,000 women were tricked or abducted into slavery to provide sexual services for the Japanese Imperial Army during World War II. After nearly fifty years of silence, a growing number or these war-rape victims have come forward publicly to tell their stories. The authors describe this scheme that was established by the Japanese government and Imperial Army. The authors argue that the scheme violated fundamental principles of international law, thus attaching a right to compensation for the violations. The authors present current initiatives before the United Nations to address the issue of compensation. Examples of viable compensation schemes are …

Choosing Law With An Eye On The Prize, Russell J. Weintraub

Michigan Journal of International Law

Review of Choice of Law and Multistate Justice by Friedrich K. Juenger

Civil Justice Reform In The United States — Opportunity For Learning From 'Civilized' European Procedure Instead Of Continued Isolation?, Ernst C. Stiefel, James Maxeiner

All Faculty Scholarship

This article reports on present and past efforts at civil justice reform in the United States and assesses the opportunities for learning from Continental models. European jurists have long urged that their American colleagues consider using continental approaches in dealing with the serious problems that afflict the American system of civil justice. A few years back, our colleague Kötz noted that "If there is a desire to reform American civil procedure, either by making changes within the adversary system or by developing alternative methods of dispute resolution, the Continental experience may be well worth studying."

Poverty And Discrimination: Notes On American Apartheid, Daniel A. Farber

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Orem City V. Solomon : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

No abstract provided.

Robert Bennion V. Sundance Development Corporation And Utah County Commission : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Brief of Appellees

Ka Ae Park V. Park K. Jun And Ester Young Ja Jun : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

Case No. 940556-CA Priority Classification 15 APPEAL OF JUDGMENT OF HONORABLE RICHARD H. MOFFAT DATED 11/15/93 AND MADE FINAL ON 2/8/94.

Government As Theater: Toward A New Paradigm For The Public Lands, Robert H. Nelson

University of Colorado Law Review

No abstract provided.

Federal Facility Environmental Compliance After United State's Department Of Energy V. Ohio, Daniel Horne

University of Colorado Law Review

No abstract provided.

Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth

Scholarly Works

Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …

The New Legal Hermeneutics, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Law, Literature, And The Humanities: Panel Discussion, James Boyd White, Nancy L. Cook, Judy M. Cornett, Clark D. Cunningham, Thomas D. Eisele, L. H. Larue, David Ray Papke

Other Publications

This panel discussion took place on April 21, 1994, as part of the University of Cincinnati College of Law's 1994 Robert S. Marx Lecture presented by Professor James Boyd White: The Authority of Law and Philosophy in Plato's Crito.

Enforcing The Equal Employment Opportunity Commission Guidelines On Discrimination Because Of National Origin: The Overextension Of English-Only Rules In Garcia V. Spun Steak Co., Cara D. Helper

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne Lorraine Schroeder

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Adapting The Responsible Corporate Officer Doctrine In Light Of United States V. Macdonald & Watson Waste Oil Co., Jeremy D. Heep

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Fear And Loathing In The Siting Of Hazardous And Radioactive Waste Facilities: A Comprehensive Approach To A Misperceived Crisis, Michael B. Gerrard

Faculty Scholarship

Few laws have failed so completely as the federal and state statutes designed to create new facilities for the disposal of hazardous and radioactive waste. Despite scores of siting attempts and the expenditure of several billion dollars since the mid-1970s, only one radioactive waste disposal facility, only one hazardous waste landfill (in the aptly named Last Chance, Colorado), and merely a handful of hazardous waste treatment and incineration units are operating on new sites in the United States today.

In 1981, a leading member of Congress, relying on data from the U.S. Environmental Protection Agency (EPA), predicted that by 1985 …

Protecting Mortgage Borrowers From Coerced Representation By A Lender's Attorney: New Jersey's Attempt May Fall Short Once Again, Cornelius R. O'Brien

Loyola Consumer Law Review

No abstract provided.

Hate Crimes, Homosexuals, And The Constitution, Anthony S. Winer

Faculty Scholarship

This Article begins with an analysis of certain features of the Equal Protection Clause of the Fourteenth Amendment and demonstrates that this clause establishes a fundamental right to the equal benefit of laws protecting personal security. Laws protecting personal security must be applied evenhandedly. Any discriminatory application of such laws is presumptively invalid under the Equal Protection Clause. This Article next shows that gay men and lesbians are among the most common victims of hate crime, that hate crimes against gays and lesbians are significant, persistent and widespread, and that gays and lesbians have a substantial stake in the manner …

Does The Grandmother Come With It: Teaching And Practicing Law In The 21st Century, Ronald W. Staudt

Case Western Reserve Law Review

No abstract provided.

Ancient Works, Modern Dilemmas: The Dead Sea Scrolls Copyright Case, Lisa Michelle Weinstein

American University Law Review

No abstract provided.