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Mesoamerican Biological Corridor: The Legal Framework For An Integrated, Regional System Of Protected Areas, Thomas T. Ankersen

UF Law Faculty Publications

This article first briefly examines the historical basis for the recent movement toward regional environmental integration in Central America. Part II discusses the biological, economic and cultural rationales for a regional, protected-areas system. With this background, Part III reviews the current international law framework for biodiversity conservation. Part IV examines the extent to which existing models of international and regional cooperation incorporate modern scientific principles of conservation biology, such as island biogeography, into their legal framework. Finally, Part V surveys alternative international law approaches for an integrated, regional, protected-areas system to achieve the region's stated goal of preserving an “effective …

Building Bridges - Latinas And Latinos At The Crossroads: Realities, Rhetoric And Replacement, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay uses the narrative form to share experiences from one latina's perspective. The author aspires to show how latinas/os, a magnificently diverse group, can be a critical factor in building the bridges that can move the stubborn, static oppositionality (normative) perspective towards a "true universalist" approach. I suggest latinas/os can do this because our diverse backgrounds have equipped us with a multiple perspective viewpoint.

Privatization In One Country: Foreign Investment And The Russian Privatization Dynamic, Richard C. Schneider Jr.

UC Law SF International Law Review

No abstract provided.

International Human Rights Law And Sexual Orientation, James D. Wilets

UC Law SF International Law Review

Recently, the U.N. Human Rights Committee unanimously ruled that Tasmania had violated the International Covenant on Civil and Political Rights by criminalizing same-gender sexual activity. The Committee based its ruling on both privacy and equal protection grounds.

This Article explores the interplay between international law and domestic laws of the world's nations regarding the fundamental human rights of sexual minorities. This Article analyzes this emerging legal and political dialectic by examining the domestic laws and constitutions of specific countries and the role of international and regional human rights systems in protecting the human rights of sexual minorities.

The Developing Jurisprudence Of The Rights Of The Child, Cynthia Price Cohen

St. Thomas Law Review

Worldwide concern for the well-being of children prompted the United Nations to declare 1979 as the International Year of the Child. This act set in motion a process that is not only affecting the way the world looks at children, but that could ultimately impact on the implementation of all United Nations human rights treaties. While the original intent of the International Year of the Child was simply to sensitize the world community to the state of the world's children, the actual outcome has had effects far beyond the mere compilation of data. The needs of children have become the …

Pragmatism Applied: Imagining A Solution To The Problem Of Court Congestion, Michael L. Seigel

Hofstra Law Review

No abstract provided.

Jurisdictionality, Time, And The Legal Imagination, Perry Dane

Hofstra Law Review

No abstract provided.

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck

Cleveland State Law Review

This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …

Future Nonadvance Obligations: Preferences Lost In Metaphor, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

One Size Fits All, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Mapping And Matching Dna: Several Legal Complications Of Accurate Classifications, Aviam Soifer, Miriam Wugmeister

UC Law Constitutional Quarterly

Classifications are a boon and bane and a basic bone of contention in law. With the advent of DNA matching and new knowledge of the human genome, significant problems that exist in other areas of law are exacerbated. The use of even accurate classifications may generate substantial discrimination in the realms of privacy and personal freedom.

Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part Ii, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …

Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …

The Critique Of Rights, Mark Tushnet

SMU Law Review

No abstract provided.

The Paradox Of Balancing Significant Interests, Stephen E. Gottlieb

UC Law Journal

In his Article, Professor Gottlieb argues that the United States Supreme Court does not consider the values underlying interests and, thus, the Court refuses to treat interests and rights similarly. By refusing to examine the values behind interests, the Court allows interests to dominate constitutional law to the detriment of rights. Professor Gottlieb's concern with the roles that interests and balancing play within constitutional analysis are manifested in several propositions considered in the Article.

First, Professor Gottlieb argues that many arguments about interpretation are logically irrelevant. If interpretive canons were consistently applied to both rights and interests, differences in outcomes …

The State Interest In The Good Citizen: Constitutional Balance Between The Citizen And The Perfectionist State, Steve Sheppard

UC Law Journal

While many commentators have disputed the merits of the balancing approach to constitutional interpretation, as opposed to the more formalistic categorical approach, Professor Sheppard argues in this Article that the two approaches are not mutually exclusive. Rather, he argues that both approaches involve a reduction of the arguments of each party to a description of an interest. As a result, the Court's adjudication of arguments between individuals and government turns not so much upon the method of comparison as upon the means by which those arguments are reduced to interests.

With this in mind, Professor Sheppard examines the method by …

The Use Of Non-Discriminatory Language In The Law, Mary Jane Mossman

Articles & Book Chapters

The use of language is fundamental to law. This paper addresses three reasons why lawyers should use non-discriminatory (and especially non-sexist) language: to promote accuracy in legal writing and speech; to meet current standards of professional integrity and responsibility; and to be consistent with legal norms of equality and non-discrimination in Canadian law. The paper then examines ways of achieving non-discriminatory language in English and French in a number of concrete situations. The paper examines the `false generics" of "l'homme" and "man"; the problems of gender specific pronouns (a problem which has different implications in English and in French); and …

Standards As Intellectual Property: An Economic Approach, David D. Friedman

Faculty Publications

No abstract provided.

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …

Fifth Amendment--The Adoption Of The Same Elements Test: The Supreme Court's Failure To Adequately Protect Defendants From Double Jeopardy, Kirstin Pace

Journal of Criminal Law and Criminology

No abstract provided.

Recent Books

Journal of Criminal Law and Criminology

No abstract provided.

Should A U.S. Company Doing Business In The European Union Hire A Cross-Cultural Expert?, Patrick Henning

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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A New World Order For Cultural Property: Addressing The Failure Of International And Domestic Regulation Of The International Art Market, John P. Shinn

Santa Clara Law Review

No abstract provided.

Salt Lake Knee & Sports Rehabilitation, Inc., Professional Therapy, Inc. V. Salt Lake City Knee & Sports Medicine, Lonnie E. Paulos, M.D., P.C., Thomas D. Rosenberg, M.D., P.C. : Petition For Rehearing, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

IN THE UTAH COURT OF APPEALS SLIP OPINION FILED IN THIS MATTER DECEMBER 21, 1995, IN APPEAL FROM ORDER OF SUMMARY JUDGMENT AND DISMISSAL AND ORDER GRANTING RECONSIDERATION AND AFFIRMING SUMMARY JUDGMENT BY THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, STATE OF UTAH BY HONORABLE HOMER F. WILKINSON

Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield

Washington Law Review

When Professor Marjorie Dick Rombauer concluded her landmark article twenty years ago, she expressed a hope that many law schools have yet to realize. While legal research and writing programs exist in all law schools, many still have short-term and short-sighted programs. Many, if not most, law students are not rigorously trained, do not experience sustained individualized instruction, and do not explore problem-solving in an environment that simulates either law practice or rigorous legal scholarship. After their first year, most students fend for themselves in an atmosphere that tests their writing abilities in only two of several potential genres—exams and …

European Common Market And Education, A. N. Khan

The Journal of Law and Education

No abstract provided.

Convention On The Rights Of The Child: A Potentially Effective Remedy In Cases Of International Child Abduction, Cara L. Finan

Santa Clara Law Review

No abstract provided.