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No Hablo Ingles: Court Interpretation As A Major Obstacle To Fairness For Non-English Speaking Defendants, Michael B. Shulman

Vanderbilt Law Review

A Cuban man was convicted on drug charges for uttering the words above. He used the words in response to a request for a loan and, given the dialect of the speaker and the context of the statement, they can properly be translated as "[m]an, I don't even have ten cents." Instead, the court interpreter mistakenly translated them as, "[m]an, I don't even have ten kilos."' This case demonstrates the influence the court interpreter can have on the outcome of a case. As extraordinary as this situation may appear, however, it is not an isolated incident. Rather, what is unusual …

Book Review. Utopianism, Epistemology, And Feminist Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Interpretation And Legal Theory, Andrei Marmor, Lawrence E. Thacker

Dalhousie Journal of Legal Studies

Book review of Interpretation and Legal Theory by Andrei Marmor and published by Clarendon Press (Oxford), 1992. (193 pp.)

Overqualified, Unqualified Or Just Right: Thinking About Age Discrimination And Taggart V. Time, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

A Forum For Action On Global Warming: The Un Framework Convention On Climate Change, Elizabeth P. Barratt-Brown, Scott A. Hajost, John H. Sterne

Colorado Environmental Law Journal

No abstract provided.

Making All The Difference: Native American Testimony And The Black Hills (A Review Essay), Frank Pommersheim

North Dakota Law Review

No abstract provided.

The Corporate State And Broadcasting In Ireland: A National-Popular Program, Desmond Bell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Comment: Lemon Lives, Daniel O. Conkle

Case Western Reserve Law Review

No abstract provided.

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.

The Use Of Interpreters For The Deaf And The Legal Community's Obligation To Comply With The A.D.A., Jo Anne Simon

Journal of Law and Health

Title II of the ADA, which most closely resembles section 504 of the Rehabilitation Act of 1973, requires that state and local government facilities, including courts, be accessible to individuals with disabilities. Title III of the Act requires that public accommodations be accessible to persons with disabilities. The Act specifically includes attorney's offices in its definition of public accommodation. Title II and III of the Act require that reasonable accommodations be provided to qualified persons with disabilities, unless such provision would fundamentally alter the goods, services or programs provided. Reasonable accommodations can take the form of auxiliary aids and services, …

Silence And The Word, Paul Campos

Publications

No abstract provided.

Three Mistakes About Interpretation, Paul Campos

Publications

No abstract provided.

Clerks In The Maze, Pierre Schlag

Publications

No abstract provided.

In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth

Faculty Articles

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.

Framing A Texas Bill Of Rights Argument., James C. Harrington

St. Mary's Law Journal

As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …

Preferred Generations: A Paradox Of Restoration Constitutions, András Sajó

Cardozo Law Review

No abstract provided.

The Dynamics Of Homosocial Reproduction In Academic Institutions, Paula Dressel, Bernadette Weston Hartfield, Ruby L. Gooley

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

The Social Group That Dare Not Speak Its Name: Should Homosexuals Constitute A Particular Social Group For Purposes Of Obtaining Refugee Status? Comment On Re: Inaudi, Ellen Vagelos

Fordham International Law Journal

Recently, a Canadian administrative tribunal recognized homosexuals as a particular social group. In April 1992, the Convention Refugee Determination Division (the “CRDD”) of the Canadian Immigration and Refugee Board (the “Canadian IRB”) granted refugee status to an Argentine man who was persecuted in Argentina because of his homosexuality.The Canadian IRB held in Re: Inaudi that homosexuals constitute a particular social group for the purpose of satisfying the definition of “refugee.” Re: Inaudi is similar to the two U.S. administrative decisions in that Re: Inaudi does not have precedential value. This Comment argues that U.S. courts and administrative agencies should rely …

Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker

Michigan Journal of International Law

Review of the book by Richard A. Falk.

National Self-Determination And Secession: The Slovak Model, Holly A. Osterland

Case Western Reserve Journal of International Law

No abstract provided.

The Case For The Independent Statehood Of Somaliland, Anthony J. Carroll, B. Rajagopal

American University International Law Review

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.

The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas

Faculty Scholarship

In a careful and compelling reading of the text of the Supreme Court's opinion in Bowers v. Hardwick, Janet Halley provides a meticulous map of the misprisions by which the Hardwick Court "exploit[s] confusion about what sodomy is in ways that create opportunities for the [judicial] exercise of homophobic power." According to Professor Halley, the duplicitous mechanisms the Hardwick Court marshals in reasoning about sodomy entail a mobilization of two "incommensurable articulations": the idea of the sodomitical act, on the one hand, and that of personal identity, on the other.

Professor Halley rightly insists that an anti-homophobic critique …

Grammarians At The Gate: The Rehnquist Court's Evolving "Plain Meaning" Approach To Bankruptcy Jurisprudence, Walter A. Effross

Seton Hall Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke

Faculty Scholarship

What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?

If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …