Digital Commons Network^™

Postmodern Identity And The Legal Subjest, Jennifer Wicke

University of Colorado Law Review

No abstract provided.

Is Subjectivity Possible: The Postmodern Subject In Legal Theory, James Boyle

University of Colorado Law Review

No abstract provided.

The Poverty Of Postmodern Theory, Dale Jamieson

University of Colorado Law Review

No abstract provided.

Perpich V. Department Of Defense: Federalism Values And The Militia Clause

University of Colorado Law Review

No abstract provided.

Educational Choice Legislation After Edgewood V. Kirby: A Proposal For Clearing The Sectarian Hurdle., C. Lee Cusenbary Jr.

St. Mary's Law Journal

States can reform the ineffective educational system by adopting a free educational choice system. A free educational choice system would reimburse parents of educational expenditures through a voucher or tax deduction and will give parents the freedom to select the school their child attends. While free choice may present a viable solution for educational reform, one major obstacle is the possibility free choice would violate the Establishment Clause of the First Amendment by providing aid to sectarian schools. A free educational choice legislation will be subject to review under the Lemon v. Kurtzman test to determine if the financial aid …

Feminist Jurisprudence: The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda M. Finley, Carin Clauss, Joan Bertin

Journal Articles

No abstract provided.

Civil Resistance Or Holy Obedience? Reflections From Within A Community Of Resistance, Andrew W. Mcthenia, Jr.

Washington and Lee Law Review

No abstract provided.

Governmental Inaction As As Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Washington Law Review

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …

Chapter 7: Gay And Lesbian Issues

Women's Annotated Legal Bibliography

Family Issues — p. 149   Discrimination — p. 151   Miscellaneous — p. 153

Understatement And Overstatement In Closing Arguments, Nicole Duarte Martin

Louisiana Law Review

No abstract provided.

Customary Law In A New South Africa: A Proposal, Lynn Berat

Fordham International Law Journal

This Article explores avenues open to South African politicians and jurists in their search for a more equitable South Africa. Part I examines the international position of customary law. Part II considers the treatment of customary law elsewhere in Africa and gives particular attention to unification of laws and legal systems. Part III reviews the experiences of legal dualism in South Africa's neighbors, Botswana, Lesotho, and Swaziland. Part IV discusses customary law in South Africa. Part V contends that although the unification of laws is a desirable long-term goal for South Africa, at present it is impractical. Part V also …

Racial Discrimination In Business Transactions, Robert E. Suggs

UC Law Journal

Professor Suggs argues that set-asides for minority business enterprises are the only practical remedy for business discrimination and therefore need more flexible treatment by the judiciary. In City of Richmond v. J.A. Croson Co., the Supreme Court set up strict standards for upholding set-asides, assuming that the problem of discrimination could be addressed adequately by laws prohibiting racial discrimination in business transactions. The author challenges this assumption. He considers the record of cases asserting claims of business discrimination and concludes that these cases fail, regardless of merit, because they face insurmountable practical problems of proof. After exploring whether a legislative …

Novel Scientific Evidence Of Intoxication: Acoustic Analysis Of Voice Recordings From The Exxon Valdez, J. Alexander Tanford, David B. Pisoni, Keith Johnson

Articles by Maurer Faculty

Part of this article reports original research conducted under the direction of the second and third authors. The initial re search was supported by a contract to Indiana University from General Motors Research Laboratories. The specific analyses of voice recordings of Captain Joseph Hazelwood were conducted by them at the re quest of the National Transportation Safety Board, and are based on tapes and data supplied by the NTSB. The second author may be called as a witness in some of the lawsuits pending against the Exxon Corporation. The opinions expressed in this article concerning whether this evidence meets the …

Pursuing Native American Rights In International Law Venues: A Jus Cogens Strategy After Lyng V. Northwest Indian Cemetery Protective Association, Christopher P. Cline

UC Law Journal

The breathtaking advances in personal freedom for the people of Eastern Europe provide a sad counterpoint to the restrictions of such freedom sanctionedzn this country by the recent Supreme Court decision in Lyng v. Northwest Indian Cemetery Protective Association. In Lyng, the Court held that the building of a logging road through land held sacred to three native California tribes did not violate their first amendment right to practice their religion, even though the government- approved road would destroy their ability to worship. In response to Lyng, members of the tribes filed a complaint before the Organization of American States …

Scientific Evidence In Wisconsin: Using Reliability To Regulate Expert Testimony, Craig A. Kubiak

Marquette Law Review

No abstract provided.

United Nations Educational, Scientific And Cultural Organization, Bernd Von Droste

Colorado Environmental Law Journal

No abstract provided.

The Argument Against International Abduction Of Criminal Defendants: An Introductory Note, Joel R. Paul

Faculty Scholarship

No abstract provided.

The Second Amendment: Toward An Afro-Americanist Reconsideration, Robert J. Cottrol, Raymond T. Diamond

Journal Articles

No abstract provided.

Malice In Wonderland: Fictionalized Quotations And The Constitutionally Compelled Substantial Truth Doctrine, Neil J. Kinkopf

Case Western Reserve Law Review

No abstract provided.

Generalization In Interpretive Theory, Joseph Vining

Book Chapters

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation -- and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society.

Proceeding from such a proposition, rather than toward it, raises …

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet Ainsworth

Faculty Articles

Although the institution of the juvenile court developed rather recently in our legal system, it is now quite firmly established: every American state and nearly every industrialized nation has a juvenile court system in place. The juvenile court is not without its critics, however. In this Article, Professor Janet Ainsworth recommends its complete abolition. Professor Ainsworth contends that society's current view of the nature of adolescence no longer comports with the turn-of-the century view that originally informed the development of an autonomous juvenile court, thus undermining the ideological legitimacy of a separate court system for juveniles. In addition, Professor Ainsworth …

Research And Writing About Legal Writing: A Foreword From The Editor, Chris Rideout

Faculty Articles

The growing attention to the quality of legal prose is laudable. Yet more fundamental inquiry into legal writing and its associated activities, research and analysis, is needed as well. Before a more comprehensive attention to legal writing can be offered, we should understand more about what the characteristics of legal writing are, how it is written, and how it is used. This journal calls for the inquiry to begin and offers one forum for publishing the results. The inquiry into legal writing should not be conducted solely in response to perceived needs for reform. Legal prose itself, in its history, …

Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation For The Consumer Debtor, Richard E. Flint

Faculty Articles

The central justification for the debtor financial relief provisions of the Bankruptcy Code is founded in a natural law theory of morality. The law reflects reason and conscience, and those fundamental principles of fairness and humanitarianism form the moral dimension of the debtor relief provisions of the Bankruptcy Code. Historically, America has recognized an objective moral dimension to the bankruptcy process, and Congress has continually enacted legislation implementing its fresh start policy, which strives to obtain goals that mirror that moral fiber.

This fiber is composed of two separate but mutually dependent strands of values, intertwined into a coherent plan …

Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells

Scholarly Works

DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …

To Stimulate, Provoke, Or Incite? Hate Speech And The First Amendment, Kenneth Lasson

All Faculty Scholarship

If protecting freedom of speech is one of mankind's noblest pursuits, then restricting it is the most difficult. Yet limit we must: even the purest civil libertarian will concede that false shouts of fire cannot be countenanced nor broadcasts of wartime troop movements; even those who object to obscenity laws recognize the need for enabling redress of libel; and even those who would protect the right to be insulting do not defend inflammatory words spit out nose-to-nose. Now a spate of "speech codes" on college campuses has once again brought the first amendment to the fore, part of a simmering …

Foreign Language Trademarks In Japan: The Linguistic Challenge, Rosalynn Frank

University of Miami International and Comparative Law Review

No abstract provided.

Traditional Rights To The Land And Wilderness In South Africa, P.D. Glavovic

Case Western Reserve Journal of International Law

No abstract provided.

Charter Challenges: A Test Case For Theories Of Law, W. J. Waluchow

Osgoode Hall Law Journal

The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to show that the choice between Inclusive and Exclusive Legal Positivism can have important consequences for legal practice.

Rico "Pattern" Before And After H.J. Inc.: A Proposed Definition, Lisa Barsoomian

American University Law Review

No abstract provided.