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Surprised By Law, Emily A. Hartigan

Faculty Articles

This year’s Association of American Law Schools convention provided a genuinely engaging panel discussion between Michael Sandel and Judge Stephen Reinhardt. Michael Sandel, Harvard philosopher of community and the “encumbered self,” delivered his defense of an ethics of appreciation which goes beyond mere toleration, arguing for honor for persons rather than mere dignity. Reinhardt countered by characterizing Sandel’s stuff as the sort of academic theorizing which has nothing much to do with the world, and raised with almost unconscious elegance the main issue, and a deeply troubling concrete dilemma.

Reinhardt noted that Sandel’s portrait of the person did not work …

Information, Imagery, And The First Amendment: A Case For Expansive Protection Of Commercial Speech, Rodney A. Smolla

Faculty Publications

No abstract provided.

Adam, Eve And The First Amendment: Some Thoughts On The Obscene As Sacred, Sheldon H. Nahmod

Chicago-Kent Law Review

No abstract provided.

Vol. 15 No. 4 (1992): 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 …

Salt Equalizer, Vol. 1992, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Cruz Reynoso to be Honored at SALT Dinner in San Francisco, at 1.

Sylvia A. Law, President's Column, at 1.

Michael M. Rooke-Ley, Law Grads Risk Being "Outed," at 2.

Charles Calleros, Combatting "ISMS" After R.A.V., at 4.

Hazel Weiser, Setting the Tone: Raising Diversity Issues at Orientation, at 5.

Joyce Saltalamachia, SALT Board Meets in Chicago, at 8.

Margery Koosed, Representing Death Row Inmates: Bringing Reality into the Classroom and Justice to the Unrepresented, at 11.

SALT-Minded Events in San Francisco, at 11.

Contributors: Vol 15 No. 4, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 15 (1992): Pacific Studies Full Issue 4

Vol. 15 No. 4 (1992): 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 …

Intention, Interpretation, And Stories, Jane B. Baron

Duke Law Journal

No abstract provided.

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …

Gender-Based Employment Discrimination In Japan And The United States, Michael S. Bennett

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Expounding The Constitution: Legal Fictions And The Ninth Amendment , Tejshree Thapa

Cornell Law Review

No abstract provided.

Gender Neutral Ii, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Continuation of article above including discussions of personal pronouns, use of "they," and sex-neutral terms.

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease , Kevin Brown

Cornell Law Review

No abstract provided.

First Amendment Limits On The Use Of Taxes To Subsidize Selectively The Media , Benjamin Lombard

Cornell Law Review

No abstract provided.

Notes Toward An Aesthetics Of Legal Pragmatism , David A. Skeel Jr.

Cornell Law Review

No abstract provided.

A Primer On Deconstruction's Rhapsody Of Word-Plays, Arthur Austin

North Carolina Law Review

No abstract provided.

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Loyola of Los Angeles Law Review

No abstract provided.

Toward A Process-Based Approach To Failure-To-Warn Law, Michael S. Jacobs

North Carolina Law Review

No abstract provided.

The Legal Profession In Transition: An Address At The Graduation Ceremonies Of Northern Illinois University College Of Law, Claire L'Heureux--Dubé

Northern Illinois University Law Review

The Northern Illinois University Law Review is pleased to publish the address delivered by the Honorable Claire L'Heureux-Dubé at the graduation for the class of 1992. Justice L'Heureux-Dubé is a member of the Supreme Court of Canada. Her address comments on the changes occurring in the legal profession as a result of forces of globalism and advances made by women and minorities. In particular, Justice L’Heureux-Dubé warns of the detrimental effects of the commercialization of the legal profession. Above all else, she reminds us that law is a learned profession requiring continuous study and contemplation.

New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty

Vanderbilt Journal of Transnational Law

This Note presents the problems the Maori, New Zealand's indigenous people, have encountered in seeking enforcement of the Treaty of Waitangi that they signed with Great Britain in 1840. It argues that the Treaty of Waitangi is a valid legal document that should be fully integrated into New Zealand domestic law and afforded protection under international law. The author argues that the Maori met the international law requirements of statehood in 1840 and, therefore, were capable of entering into a treaty with Great Britain. Even if there was no Maori state capable of entering into a treaty, there is analogous …

1992 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Right To Be Heard: The Obligation Of State Courts To Pay For Interpreters For Deaf Litigants, Laura L. Rovner

Cornell Journal of Law and Public Policy

No abstract provided.

Ethnic Identity And Constitutional Design For Africa, Alemante G. Selassie

Faculty Publications

No abstract provided.

Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey

University of Miami Inter-American Law Review

No abstract provided.

The American Common Schools: An Institution At Risk, Mary Jane Guy

The Journal of Law and Education

No abstract provided.

Discrimination In The Legal Profession, Codes Of Professional Conduct And The Duty Of Non-Discrimination, Christ Tennant

Dalhousie Law Journal

This paper is about discrimination in the legal profession, and about the kinds of responses to discrimination that the legal profession should be considering. I begin with a review of the various forms of discrimination which exist in the legal profession. Discrimination in the legal profession ranges from the exclusion of the members of certain groups from parts of the profession, to sexual harassment, to discrimination in our courts, to the exclusion and deprecation of the perspectives and experiences of those who have not traditionally beenin positions of power. Discrimination in the legal profession occurs against women, against aboriginal people, …

Does Canada Need A Social Charter?, Matthew Certosimo

Dalhousie Law Journal

Over the decade since the birth of the Canadian Charter of Rights and Freedoms, expectations that it would impact greatly on the lives of Canadians have gone largely unfulfilled for those regarded as being the most in need of its protection. A recent decision of the Nova Scotia County Court has reminded critics that the narrow interpretation given the Charter'se quality2 and security oftheperson3 provisions, particularly with regard to social and economic rights, excludes from its purview the well-being of Canadians in economic need.

American Constitutional Conventions: The Judicially Unenforceable Rules That Combine With Judicial Doctrine And Public Opinion To Regulate Political Behavior, James G. Wilson

Buffalo Law Review

No abstract provided.

The Older Workers Benefit Protection Act: Painting Age-Discrimination Law With A Watery Brush, David A. Niles

Buffalo Law Review

No abstract provided.

A Pragmatic Model Of Law, Daniel C.K. Chow

Washington Law Review

While all of us are pragmatic in an informal or colloquial sense in many instances in daily life, pragmatism as applied to law has a deeper, jurisprudential sense The author suggests that modern legal pragmatism presents a model of law that avoids the serious philosophical errors of the traditional model of law, which is based upon assumptions that are untenable in light of fundamental developments in twentieth century thought. The traditional model justifies law by grounding law in eternal, immutable and transcendental foundations. All modern legal pragmatists reject the notion that transcendental foundations sustain law. Modern legal pragmatism arose in …