Digital Commons Network^™

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

Three Mistakes About Interpretation, Paul Campos

Michigan Law Review

The single most important word in modem constitutional theory is "interpretation." The single most confusing word in modem constitutional theory is "interpretation." What accounts for this unhappy state of affairs?

I will try to show that Barry Friedman's assertions, as well as others that are but rephrasings of the same basic ideas, are not the common sense truths that so many constitutional theorists assume them to be, but are instead the products of an extraordinarily confused and ultimately incoherent set of assumptions regarding the interpretation of language.

Nonrefundable Retainers Revisited, Lester Brickman, Lawrence A. Cunningham

Articles

Amidst widespread public attention to fee abuses, a court recently held for the first time that nonrefundable retainers violate professional ethics. The court in In re Cooperman essentially adopted the argument of Professors Brickman and Cunningham that nonrefundable retainers are against public policy because they impair a client's right to discharge his attorney at any time without penalty. Because declaring such agreements unethical is tantamount, in the eyes of the practicing bar, to declaring them void, In re Cooperman has sparked a national outcry from those who profit from enforcing nonrefundable retainers. In this Article, Professors Brickman and Cunningham analyze …

Los Olvidados: Images Of The Immigrant, Political Power Of Noncitizens, And Immigration Law And Enforcement, Kevin R. Johnson

BYU Law Review

No abstract provided.

The Demise Of Parliamentary Supremacy? Canadian And American Influences Upon The New Zealand Judiciary's Interpretations Of The Bill Of Rights Act Of 1990, Michael Principe

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

The article explores the intersection of law and literature, emphasizing the narrative nature of legal discourse and the importance of "considerate communication" in legal practice. It critiques the dominance of economic analysis in law and advocates for a more nuanced understanding of language and ethics in legal education and practice. The author uses literary works, such as Herman Melville's Billy Budd Sailor, and historical examples, like the Vichy regime in France, to illustrate the ethical and practical implications of how legal language is used.

Inadequate Interpreting Services In Courts And The Rules Of Admissibility Of Testimony On Extrajudicial Interpretations, Beth G. Lindie

University of Miami Law Review

No abstract provided.

Reorganizing Gender-Specific Persecution: A Proposal To Add Gender As A Sixth Refugee Category, Mattie L. Stevens

Cornell Journal of Law and Public Policy

No abstract provided.

Innovations For Improving Courtroom Communications And Views From Appellate Courts, B. Michael Dann, James D. Heiple, Michael J. Saks, Patricia Mcgowan Wald, Peter David Blanck

Indiana Law Journal

Symposium: Improving Communications In the Courtroom

Judicial Nullification, Michael J. Saks

Indiana Law Journal

No abstract provided.

Globalization Of Markets And Its Impact On Domestic Institutions, S. Tamer Cavusgil

Indiana Journal of Global Legal Studies

No abstract provided.

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.

The Law And Metaphor Of Boycott, Gary Minda

Buffalo Law Review

No abstract provided.

Conjugal Homicide And Legal Violence: A Comparative Analysis, Alison Young

Osgoode Hall Law Journal

This article examines the defences in English and Canadian criminal law available to battered women who kill their abusers. The article sets out in detail the formation and evolution of the doctrinal interpretation, in English law, of the defences of provocation, diminished responsibility, and self-defence. Current case law is examined, including the recent cases of Thornton and Ahluwalia. The objective of the essay is to provide a critical context, namely the legal construction of the phenomenon of conjugal violence, in which we can see the current elaboration of these defences. The Canadian position is investigated, by means of a thorough …

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

William & Mary Law Review

No abstract provided.

The Central Meaning Of The Fourth Amendment, Tracey Maclin

William & Mary Law Review

No abstract provided.

Therapeutic Jurisprudence And The Criminal Courts, David B. Wexler

William & Mary Law Review

No abstract provided.

Cultural Identities And Global Political Economy From An Anthropological Vantage Point, Davydd J. Greenwood

Indiana Journal of Global Legal Studies

No abstract provided.

Judicial Opinions As Binding Law And As Explanations For Judgments, Thomas W. Merrill

Cardozo Law Review

To what extent does the executive branch have autonomous powers of legal interpretation? The issue is often broadly framed in terms of two disparate understandings of the allocation of interpretative power: "judicial supremacy" and "departmentalism." In this paper, I shall speak of two different understandings of judicial opinions: the idea that judicial opinions (or at least the "holdings" of opinions) are legally binding on actors in the executive branch, and the idea that opinions are, from the perspective of executive actors, merely explanations for judicial judgments. I adopt this locution because it focuses more precisely on the core of the …

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

Pacific Studies

Book Listing for the Vol 16, No 3 Edition of the Pacific Studies Journal

A Socio-Economic Approach To The Japanese Corporate Governance Structure, Marleen A. O'Connor

Washington and Lee Law Review

No abstract provided.

Vol. 16 No. 3 (1993): 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 …

The Progress Of Knowledge: A Reexamination Of The Fundamental Principles Of American Copyright Law, David A. Householder

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton

Washington and Lee Law Review

No abstract provided.

Vol. 16 No. 3 (1993): 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 …

On The Frontier Of Capitalism: Implementation Of Humanomics By Modern Publicly Held Corporations: A Critical Assessment, Lewis D. Solomon

Washington and Lee Law Review

No abstract provided.

Clerks In The Maze, Pierre Schlag

Michigan Law Review

It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'être is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric …

Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen

Michigan Law Review

I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."

Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual …

Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson

Washington International Law Journal

The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …

A Comparative Look At Refugee Status Based On Persecution Due To Membership In A Particular Social Group, Maryellen Fullerton

Cornell International Law Journal

No abstract provided.