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Articles 751 - 780 of 839
Full-Text Articles in Entire DC Network
Rodrigo's Committee Assignment: A Skeptical Look At Judicial Independence Judicial Independence And Accountability Symposium, Richard Delgado
Rodrigo's Committee Assignment: A Skeptical Look At Judicial Independence Judicial Independence And Accountability Symposium, Richard Delgado
Articles
No abstract provided.
Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado
Making Pets: Social Workers, Problem Groups, And The Role Of The Spca--Getting A Little More Precise About Racialized Narratives Commentary, Richard Delgado
Articles
No abstract provided.
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly
Articles
This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …
Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes
Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes
Articles
No abstract provided.
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Human Rights And The United Nations Convention On The Law Of The Sea, Bernard H. Oxman
Articles
No abstract provided.
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton
Articles
Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China
Interstate Compacts In A Democratic Society: The Problem Of Permanency, Jill Elaine Hasday
Interstate Compacts In A Democratic Society: The Problem Of Permanency, Jill Elaine Hasday
Articles
No abstract provided.
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld
Articles
The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve
Articles
International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …
Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore
Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore
Articles
No abstract provided.
Group Norms, Gossip, And Blackmail, Richard H. Mcadams
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller
Articles
The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly
Articles
Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Segregation, Whiteness, And Transformation, Martha R. Mahoney
Articles
No abstract provided.
The Regulation Of Social Meaning, Lawrence Lessig
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
The Spatial Bias Of Federal Housing Law And Policy: Concentrated Poverty In Urban America, Michael H. Schill, Susan Wachter
Articles
No abstract provided.
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth M. Casebeer
Articles
No abstract provided.
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld
Articles
One of the most controversial contemporary criminal policy issues is whether serious or chronic young offenders should be tried and sentenced as juveniles or adults. Defining the boundary between juvenile and criminal courts depends upon the answers to a host of inter-related questions: Who are serious juvenile offenders? On the basis of what characteristics are they identified? Who should decide which system will deal with them and why? Does it make any difference, either symbolically or in terms of public safety, whether states try and sentence some youths as juveniles or adults? The diversity of legislative strategies to resolve these …
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld
Articles
The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.
Defending Racial Violence, Anthony V. Alfieri
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Deep Inner Lives, Individualism And People Of Honour, William I. Miller
Articles
With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …
On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier
On The Topology Of Uniform Environmental Standards In A Federal System And Why It Matters (Symposium: Environmental Federalism), James E. Krier
Articles
Uniform standards are much favored among the makers of federal environmental policy in the United States, which is to say, among the members of Congress. By and large-judging at least from the legislation it has enacted-Congress expects the air and water eventually to meet the same minimum levels of quality in every state in the country, and expects each pollution source in any industrial category or subcategory to be controlled just as much as every other such source, notwithstanding the source's location or other peculiar characteristics. There are exceptions to these generalizations, but they are exceptions and not the rule.1 …
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Legality Of Secessions: The Case Of Eritrea, Minasse Haile
Legality Of Secessions: The Case Of Eritrea, Minasse Haile
Articles
The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.
The First Amendment In Cyberspace, Cass R. Sunstein
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman
Articles
No abstract provided.
Gay Men, Aids, And The Code Of The Condom, David L. Chambers
Gay Men, Aids, And The Code Of The Condom, David L. Chambers
Articles
The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.
Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado
Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado
Articles
Opponents of affirmative action and similar redistributive measures often argue that they proceed in defiance of the merit principlethe idea that scarce resources such as places in a law school class ought to go to those who most deserve them Since affirmative actions beneficiaries usually minorities from poor backgrounds often lack traditional indicators of merit such as top grades and test scores it is said giving them an edge in the competition for law slots violates the merit principle This chronicle subjects this argument to critical analysis examining the history and current functioning of conventional merit and noting a number …
Legal Scholarship Today, Richard A. Posner