Digital Commons Network^™

The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann

Faculty Publications

No abstract provided.

Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza

Journal Articles

In the course of this conference on "new approaches to comparative law;" it has struck me as curious that so little has been said about the "old" approaches to comparative law. In such a self-conscious effort to distinguish ourselves from our predecessors, one would expect at least some articulation of distinctive criteria, if not a full-fledged manifesto of novelty. Giinter Frankenberg gave us three ideal-type identities of the comparative lawyer; David Kennedy boxed up the old approaches in his taxonomical chart. They and others have referred to the expansion of capitalist market economics and liberal democratic political structures as the …

Recent Developments: Environmental Law, Taxation Of Natural Resources, Water Rights Cases, Kevin K. Washburn

American Indian Law Review

No abstract provided.

The Indian Child Welfare Act In The Face Of Extinction, Sloan Phillips

American Indian Law Review

No abstract provided.

A Glimmer Of Hope: A Proposal To Keep The Indian Child Welfare Act Of 1978 Intact, Jose Monsivais

American Indian Law Review

No abstract provided.

Racial Cross-Dressing, Robert S. Chang

Faculty Articles

Professor Chang provided a shorter version of this article as a talk at the First Annual LatCrit Conference sponsored by California Western School of Law and held in La Jolla, California from May 2-5, 1996. In this article Professor Chang addresses the subject of gender-bending - and for that matter, race bending – and how they may indeed "do" important political work, we must approach such performances with caution. They may represent instances of appropriation – as in misappropriation - just as easily as they may represent claims to solidarity and thus a basis for collective political action. Stated differently, …

Education's Promise, Laurel Oates, Sam Wineberg

Faculty Articles

This is a story with at least two parts. In the first part, Sam Wineburg, a Professor of Educational Psychology at the University of Washington, tells his story, the story of instruction in the United States, beginning with one revolution, the scientific revolution, and ending with another, the cognitive revolution. In the second part, Laurel Oates, the Director of Legal Writing at Seattle University School of Law, tells our story, the story of legal education and, in particular, legal writing, and how both have been affected by these revolutions.

Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki

Faculty Articles

In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders becoming increasingly porous to the flows of information, goods and capital while simultaneously constricting when it comes to the movement of certain persons, particularly those of Asian and Latinalo ancestry. The authors examine Monterey Park, California, as one site where there has been a large influx …

Postures Of Judging: An Exploration Of Judicial Decisionmaking, Daniel J. Solove

GW Law Faculty Publications & Other Works

This article pits Ronald Dworkin against Fyodor Dostoyevsky. The article critiques Ronald Dworkin's answer to the question of fit: how judges reconcile general legal rules with particular situations. Dworkin's heavy focus on legal principles under-emphasizes the importance of facts in judicial decisionmaking. Exploring how judges approach the question of fit from a more literary perspective, the article examines the posture of a judge - a judge's physical and temporal position in relation to the cases she adjudicates, a position which affects the level of generality with which a judge perceives the facts of a case and directly influences a judge's …

Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett

Seattle University Law Review

This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …

Expanding The Feminist Imagination: An Analysis Of Reproductive Right, Edith L. Pacillo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

From Gladiators To Problem-Solvers: Connective Conversations About Women, The Academy, And The Legal Profession, Susan P. Sturm

Faculty Scholarship

Dissatisfaction permeates the public and professional discourse about lawyers and legal education. Diverse communities within and outside the profession are engaged in multiple conversations critiquing legal education and the profession itself. These conversations, though linked in subject matter and orientation, often proceed on separate tracks.

One set of conversations explicitly focuses on women and people of color, centering on their marginalization and underrepresentation in positions of power. Those concerned about race and gender exclusion often participate in separate communities of discourse. Indeed, the symposium that spawned this article framed the inquiry about higher education in terms of gender. This exclusive …

Corporations, Criminal Law And The Color Of Money, Joseph Vining

Articles

This part of From Newton's Sleep, published by Princeton University Press in 1995 and in a paperback edition in early 1997, is reprinted by permission of the publisher. From Newton's Sleep is a book on the legal form of thought and its meaning for science and religion. It consists of some two hundred and fifty self-contained pieces arranged in eight sections. In its form, the book is much like and is meant to be much like the material with which lawyers routinely deal. Here, Law Quadrangle Notes excerpts a piece that touches on a subject of lively debate today, among …

The Existing Indian Family Exception: An Impediment To The Trust Responsibility To Preserve Tribal Existence And Culture As Manifested In The Indian Child Welfare Act, Christine Metteer

Loyola of Los Angeles Law Review

No abstract provided.

The Racialization Of Genomic Knowledge, Lisa C. Ikemoto

Seton Hall Law Review

No abstract provided.

The Coming Fresh Water Crisis: International Legal And Institutional Responses, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

The Prospects For Challenging U.S. Nuclear Weapons Policy In Light Of The World Court's Advisory Opinion On The Legality Of The Threat Or Use Of Such Weapons Comment., Stephen Gordon

St. Mary's Law Journal

In an opinion, the World Court concluded “the threat or use of nuclear weapons would generally be contrary to the rules of international law,” the only exception being “in an extreme circumstance of self-defense, where survival of a State is at stake.” The Court’s opinion could read as prohibiting the most common ways the United States incorporated nuclear weapons into its defense strategy. First, it may prevent the United States from using such weapons again legally. Second, if the opinion does not render using nuclear weapons illegal in all circumstances, it might prohibit the United States from ever being the …

Abandoned Frozen Embryos And Texas Law Of Abandoned Personal Property: Should There Be A Connection Comment., Lynne M. Thomas

St. Mary's Law Journal

In vitro fertilization (“IVF”) has become almost commonplace in society. The widespread utilization of IVF and cryopreservation raises new questions with respect to ownership and disposition of embryos. This legal confusion may be addressed by either crafting specific regulations for that particular technology as its implications become apparent, or by applying current law. IVF first began in Great Britain, and the British Parliament passed a law mandating destruction of abandoned frozen embryos five years after cryopreservation. Destruction of the embryos potentially caused the loss of reproduction capability for those persons whose embryos were destroyed. While the number of abandoned frozen …

Protecting And Promoting Wildlife And Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks

Articles

The object of this paper is to describe efforts now under way in the interior uplands of Washington State's Columbia Plain to restore and protect upland wildlife habitat and wildlife species in a busy and intensively used agricultural and range landscape. It is a landscape of greatly diminished ecological integrity, dominated by private land holdings, and where the remaining public lands are recovering from earlier periods of farming or grazing or still dedicated to productive use under lease or permit. Recent ecosystem assessments make clear that there are few areas of the Columbia Plain's original grass and shrub land which …

Review Of On Voluntary Servitude: False Consciousness And The Theory Of Ideology, Donald J. Herzog

Reviews

Michael Rosen brings intoxicating erudition and an elegant if elusive prose style to crack—or pulverize—one of the most venerable chestnuts of social theory, the theory of ideology. For Rosen, the two central elements of that theory are (1) that societies are self-maintaining systems and (2) that they produce false consciousness in their members precisely because it helps to maintain society. And for Rosen, the theory is, well, a spectacular mess. Despite the efforts of such analytical Marxists as G. A. Cohen, he urges, no such view can be reconstructed in ways that begin to comport with our ordinary standards for …

What's Wrong With Sexual Harassment, Katherine M. Franke

Faculty Scholarship

In this article, Professor Franke asks and answers a seemingly simple question: why is sexual harassment a form of sex discrimination under Title VII of the Civil Rights Act of 1964? She argues that the link between sexual harassment and sex discrimination has been undertheorized by the Supreme Court. In the absence of a principled theory of the wrong of sexual harassment, Professor Franke argues that lower courts have developed a body of sexual harassment law that trivializes the legal norm against sex discrimination. After illustrating how the Supreme Court has not provided an adequate theory of sexual harassment as …

On Doing Justice And Walking Humbly With God: Catholic Social Thought On Law As A Tool For Achieving Justice, Lucia A. Silecchia

Scholarly Articles

The text of the 1996 “Mirror of Justice” lecture at the Catholic University of America, this article explores the potential - and the limitations - of law as a tool for achieving justice. Drawing heavily on principles of Catholic social thought, it also considers the various ways in which “justice” may be defined.

The Application Of Out-Of-Hospital Do Not Resuscitate Order Legislation To Commercial Airline Travel, Amanda Christine Dake

Journal of Air Law and Commerce

No abstract provided.

"Genital Mutilation" Or "Symbolic Birth?" Female Circumcision, Lost Origins, And The Aculturalism Of Feminist/Western Thought, Sylvia Wynter

Case Western Reserve Law Review

No abstract provided.

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

Reassessing Fault Factors In No-Fault Divorce, Peter N. Swisher

Law Faculty Publications

The purpose of this article is not to "turn back the clock" through the rehabilitation of fault grounds as the sole means for securing a divorce in America. Rather, this article will explore the ways in which fault-based factors, when applied to serious or egregious marital misconduct that significantly contributes to the marital breakdown, may still be utilized in order to bring about enhanced social, economic, and legal protection to spouses on divorce, while concurrently establishing a greater sense of responsibility and accountability in marital relationships.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1995-97), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in the 1996 and 1997 sessions. In addition, there were eleven Supreme Court of Virginia opinions in the two-year period ending April 18, 1997, that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Probate And Trusts, Lynne Mcniel Candler

SMU Law Review

No abstract provided.

Richmond Law Magazine: Winter 1997

Richmond Law Magazine

Features:

A Window on the World

Something to Do that Matters

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …