Digital Commons Network^™

The Rise And Fall Of Part-Time Legal Education In Wisconsin, Michael J. Mazza

Marquette Law Review

No abstract provided.

Death's Casuistry, Robert W. Tuttle

Marquette Law Review

No abstract provided.

Peace In Theory And Practice Under Article 9 Of Japan's Constitution, Lawrence W. Beer

Marquette Law Review

No abstract provided.

Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.

Seattle University Law Review

With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …

The Law Of Cyberwar: A Case Study From The Future, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Application Of The Public Policy Exception For The Enforcement Of Arbitral Awards: There Is No Place Like The Home In Saint Mary Home, Inc. V. Service Employees International Union, District 1199, Scott Barbakoff

Villanova Law Review (1956 - )

No abstract provided.

The Chemical Weapons Convention: Political And Constitutional Issues, Ronald D. Rotunda

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Quixotic Attempt? The Ninth Circuit, The Bia, And The Search For A Human Rights Framework To Asylum Law, Shelley M. Hall

Washington Law Review

The Ninth Circuit and the Board of Immigration Appeals (BIA) historically have disagreed about the application of human rights norms in many areas of asylum law. Although recent decisions by the BIA indicate more receptiveness toward the Ninth Circuit's broader approach, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 seeks to stifle judicial review in many areas of immigration law, including asylum. This Comment analyzes the potential impact of the law on the development of asylum jurisprudence and recommends areas for future dialogue between the Ninth Circuit and the BIA.

"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones

Articles

No abstract provided.

Listen, Matthew L.M. Fletcher

Michigan Journal of Race and Law

In a traditional law school setting, experiences of students of color, especially Native Americans, are often buried by the discourse of the dominant culture. This piece, a non-traditional work using elements of prose, lyric, monologue, and poetry, weaves strands of legal discourse, commentary, and autobiography into a critical narrative of the experience of legal education from an outsider law student's perspective. The author, a member of the Grand Traverse Band of Ottawa and Chippewa Indians, recounts these vignettes in a voice infused with the history and traditions of Native American oral storytelling.

Of Monsters Unleashed: A Modest Beginning To A Casuistry Of Cloning, Catharine Cookson, Emily Ramsey

Valparaiso University Law Review

No abstract provided.

Swords Into Plowshares? The Dangerous Politicization Of The Military In The Post-Cold War Era, W. Kent Davis

Valparaiso University Law Review

No abstract provided.

Financing The Nation's Graduate Medical Education, Jeffrey E. Shuren

Valparaiso University Law Review

No abstract provided.

John P. Reeder, Jr.'S Killing And Saving: Abortion, Hunger, And War (Book Review), Elizabeth B. Mensch

Book Reviews

No abstract provided.

The State And The Post-Cold War Refugee Regime: New Models, New Questions, Julie Mertus

Michigan Journal of International Law

The thesis of this essay is that within the refugee regime the move away from states and adherence to states are two sides of the same coin. To some degree the new refugee regime reflects the trend away from both the state and strict notions of sovereignty. Nonetheless, the new regime also exposes the staying power of the statist paradigm. In many respects, the role of states has indeed been altered, but states have retained their role as important and often essential actors. While other observers have commented on specific geographic or thematic changes in the refugee regime, this essay …

The New Sovereignty And The Old Constitution: The Chemical Weapons Convention And The Appointments Clause, John C. Yoo

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May

UIC Law Review

No abstract provided.

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.

Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch

Hofstra Law Review

No abstract provided.

The Spanish Neutrality During The Second World War, Antonio Marquina

American University International Law Review

No abstract provided.

Panel Discussion

American University International Law Review

No abstract provided.

Miners, Vigilantes & Cattlemen: Overcoming Free Rider Problems In The Private Provision Of Law, Andrew P. Morriss

Faculty Scholarship

Law is a good like food, insurance, or housing. Like other goods, it can and often should be provided by private entities. Yet law is usually regarded as the quintessential public good, so obviously public in nature that we need not even discuss its provision by anyone but the State. As Bruce Benson observed "[a]nyone who would even question the 'fact' that law and order are necessary functions of government is likely to be considered a ridiculous, uninformed radical by most observers." Even William Landes and Richard Posner, hardly apologists for the State, have concluded that law often must be …

Cloning People: A Jewish Law Analysis Of The Issues, Michael J. Broyde

Faculty Articles

This Article is an attempt to create a preliminary and tentative analysis of the technology of cloning from a Jewish law perspective. Like all preliminary analyses, it is designed not to advance a rule that represents itself as definitive normative Jewish law, but rather an attempt to outline some of the issues in the hope that others will focus on the problems and analysis found in this Article and will sharpen or correct that analysis. Such is the way that Jewish law seeks truth.

In the case of cloning-as with all advances in reproductive technology- the Jewish tradition is betwixt …

Crime In Public Housing: Clarifying Research Issues, Jeffrey A. Fagan, Tamara Dumanovsky, J. Phillip Thompson, Garth Davies

Faculty Scholarship

In recent years, crime and public housing have been closely linked in our political and popular cultures. Tragic episodes of violence have reinforced the notion that public housing is a milieu with rates of victimization and offending far greater than other locales. However, these recent developments belie the complex social and political evolution of public housing from its origins in the 1930s, through urban renewal, and into the present.

Stereotypes abound about public housing, its management, residents, and crime rates. In reality, variation is the norm, and it is these variations that affect crime. The study of crime in public …

Preliminary Observations: Asymmetrical Warfare And The Western Mindset, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Understanding The Time Path Of Crime, John J. Donohue

Journal of Criminal Law and Criminology

No abstract provided.

Representations Of Africa In Good Governance Discourse: Policing And Containing Dissidence To Neo-Liberalism,, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Crafting A Challenge To The Practice Of Drug Testing Welfare Recipients: Federal Welfare Reform And State Response As The Most Recent Chapter In The War On Drugs, Corinne A. Carey

Buffalo Law Review

No abstract provided.

Too Many Secrets: Challenges To The Control Of Strong Crypto And The National Security Perspective, J. Terrence Stender

Case Western Reserve Journal of International Law

No abstract provided.