Digital Commons Network^™

Group Rights In Cultural Property: Justifying Strict Inalienability , John Moustakas

Cornell Law Review

No abstract provided.

Scratching The Belly Of The Beast, Elizabeth B. Mensch, Alan David Freeman

Other Scholarship

No abstract provided.

A Tale Of Two Clients: Thinking About Law As Language, Clark D. Cunningham

Michigan Law Review

This is a true story. It is actually three true stories. The article taken as a whole tells a story of my personal search for a new way of talking about the experience of being a lawyer, a quest which is leading me to think more and more about law as a kind of language and lawyering as a form of translation. Rather like a medieval romance, embedded within this story of a quest are two tales, about clients I have represented in the course of my clinical teaching.

As much as possible, both levels of narrative are presented in …

Justice Brennan And The Burger Court: Policy-Making In The Judicial Thicket, Stanley H. Friedelbaum

Seton Hall Law Review

No abstract provided.

The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter

Michigan Law Review

In Part II, I first provide a brief description of what we are learning about the grounded and imaginative nature of the cognitive process. I then elaborate the cognitive structure of the concept narrative and consider the manner in which we employ that concept in recognizing, understanding, and constructing narratives of all types - from folktales like the midrash to avant-garde literature like Waiting for Godot. In Part III, I employ this information about the cognitive and narrative processes to explore the secondary role of narrative in the institutionalization of legal and social meaning. I will identify the cognitive …

Storytelling For Oppositionists And Others: A Plea For Narrative, Richard Delgado

Michigan Law Review

This essay examines the use of stories in the struggle for racial reform. Part I shows how we construct social reality by devising and passing on stories - interpretive structures by which we impose order on experience and it on us. To illustrate how stories structure reality, I choose a single race-tinged event and tell it in the form of five stories or narratives. Each account is followed by analysis, showing what the story includes and leaves out and how it perpetuates one version of social reality rather than another. Part II deals with counterstories, competing versions that can be …

Cbi Ii: Will United States Protectionist Tendencies Yield To Economic Development In The Caribbean Basin?, Gema M. Piñon, Raúl Javier Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue

University of Arkansas at Little Rock Law Review

No abstract provided.

Book Review: American Cultural Pluralism And Law, Andrew L. Aoki

Minnesota Journal of Law & Inequality

No abstract provided.

Vol. 12 No. 3 (1989): 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 …

Vol. 12 No. 3 (1989): 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 …

Doctors And Lawyers And Wolves, George J. Annas

Faculty Scholarship

Relations between lawyers and physicians, and therefore between law and medicine, are getting more and more destructive and counterproductive. It used to be a joke, but it's not funny anymore. We can't afford the continuing and escalating acrimony between our professions and it's time that we take constructive steps in the public interest to deal with it.

From Definition To Exploration: Social Groups And Political Asylum Eligibility, Maureen Graves

San Diego Law Review

In this Article, Professor Graves argues that courts should neither pioneer nor acquiesce in attempts to reduce asylum eligibility to a level more "realistic" than that mandated by Congress. Mr. Graves argues that undue obstacles already exist for political asylum applicants. The government is raising the bar even higher by defining and applying the concept of "persecution" on account of "membership in a particular social group." In its attempts to define these words, the Judiciary has come into conflict with flexibility intended by Congress when it passed the Immigration and Nationality Act. The Article examines the congressional intent and the …

Entering With A Vengeance: Posner On Law And Literature, Richard H. Weisberg

Articles

The article critiques Richard A. Posner's book Law and Literature: A Misunderstood Relation, arguing that while it offers a comprehensive analysis of law-related literature, it reflects Posner's authoritarian bias and dismisses literature's critical potential to challenge legal authority. Posner's approach is seen as overly deductive and dismissive of literary insights that question legal power structures.

On Law, Lawyering, And Law Professing: The Golden Sand, Walter E. Oberer

Journal of Legal Education

No abstract provided.

Legal Education As Political Consciousness-Raising Or Paving The Road To Hell, Richard F. Devlin

Journal of Legal Education

No abstract provided.

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

African Americans, Cultural Pluralism And The Politics Of Culture, Frederick Hord

West Virginia Law Review

No abstract provided.

Implied Contractual Indemnity: An Infirm Doctrine Whose Time Has Passed, Jeremy J. F. Gray

Loyola of Los Angeles Law Review

No abstract provided.

The Reincarnation Of Rule 152: False Hope On The Integration Front, Lyman P. Q. Johnson, Steve Patterson

Washington and Lee Law Review

No abstract provided.

Misreading The Williams Act, Lyman Johnson, David Millon

Michigan Law Review

This Article examines the emerging controversy over preemption of the most potent of recent antitakeover laws, the so-called business combination statutes recently passed by Delaware, New York, and other states, and Pennsylvania's director-approval statute. After examining the strategy employed by the states to shield these statutes from constitutional attack, we consider the issues raised by the preemption claim and the arguments currently being advanced by the SEC and others in favor of preemption. Resolving the preemption controversy requires inquiry into the original meaning and objectives of the Williams Act. We argue that this should involve attention not only to the …

Jean-Luc Godard And Critical Legal Studies (Because We Need The Eggs), Jeffrey L. Harrison, Amy R. Mashburn

Michigan Law Review

The New Wave in filmmaking is now thirty years old. Critical Legal Studies (CLS) has been around in one form or another for approximately a third of that time. We believe that by examining the avant-garde movement in film we may be able to anticipate what is in store for the avant-garde movement in law. Our conclusion is that just as New Wave film methodology has had only a limited impact on the film industry generally, CLS is likely to have a limited - perhaps only stylistic - effect on jurisprudential development.

The reason for the shortfall is that Godard …

The Quiet Revolution In Minority Voting Rights, Laughlin Mcdonald

Vanderbilt Law Review

The modern voting rights movement began with passage of the Voting Rights Act of 19651 and was essentially black and southern. To-day that movement, propelled by a series of congressional amendments to the Act, favorable court decisions, and the concerted efforts of minority and civil rights communities, is multiracial and national in character. It is also having an increasingly profound impact on American politics.

Although the 1965 Act had provisions that applied nationwide,Congress intentionally targeted seven states of the old Confederacy-Alabama, Georgia, Louisiana, Mississippi, South Carolina, Virginia, and portions of North Carolina-for the application of unique and stringent measures described …

God, Metaprocedure, And Metarealism At Yale, Linda S. Mullenix

Michigan Law Review

A Review of Procedure by Robert M. Cover, Owen M. Fiss, and Judith F. Resnik

Contradiction And Denial, Pierre Schlag

Michigan Law Review

A Review of A Guide to Critical Legal Studies by Mark Kelman

The Perversion Of Democracy In India: The Indian Government's Handling Of Dissent In The Punjab, Michael L. Jackson

In the Public Interest

No abstract provided.

The Gray Market And The Customs Regulation - Is The Controversy Really Over After K Mart Corp. V. Cartier, Inc, Donna M. Lach

Chicago-Kent Law Review

No abstract provided.

Bringing Culture And Human Frailty To Rational Actors: A Critique Of Classical Law And Economics, Robert C. Ellickson

Chicago-Kent Law Review

No abstract provided.

The Kuleana Act Revisited: The Survival Of Traditional Hawaiian Commoner Rights In Land, Maivân Clech Lâm

Washington Law Review

The issue of aboriginal land rights raises significant legal and moral questions. The starting point for discussion of Native Hawaiian land rights is the Kuleana Act of 1850. This Act enabled Hawaiian commoners, for the first time in Hawaiian history, to acquire fee simple title to land. The Act did not, however, contain provisions simultaneously terminating their traditional rights in land. What these traditional rights consist of, and to whom they apply, remain relevant issues. The author examines the Act in the context of its surrounding history, laws, and judicial interpretations, and concludes that the Kuleana Act introduced a system …

Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg

North Carolina Journal of International Law

No abstract provided.