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Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve Jan 1997

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 …


Corporations, Criminal Law And The Color Of Money, Joseph Vining Jan 1997

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 Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill Jan 1997

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

Articles

The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …


The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky Jan 1997

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Articles

No abstract provided.


The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis Jan 1997

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.


Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon Oct 1996

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …


The Theme Of Grace In Bernanos' ''Diary Of A Country Priest'', Eamon Maher Jul 1996

The Theme Of Grace In Bernanos' ''Diary Of A Country Priest'', Eamon Maher

Articles

Material reproduced by kind permission of The Month


Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway Jun 1996

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.


Practice Guidelines For Co-Mediation: Making Certain That “Two Heads Are Better Than One”, Lela P. Love, Joseph B. Stulberg Apr 1996

Practice Guidelines For Co-Mediation: Making Certain That “Two Heads Are Better Than One”, Lela P. Love, Joseph B. Stulberg

Articles

Co-mediation can either enhance or diminish the effectiveness of the mediation process. This article outlines advantages and disadvantages of comediation and proposes guidelines for co-mediators to enable maximizing the potential of a co-mediation team.


Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias Jan 1996

Rape, Race And Representation: The Power Of Discourse, Discourses Of Power And The Reconstruction Of Heterosexuality, Elizabeth M. Iglesias

Articles

No abstract provided.


Constitutional Faith And The Commerce Clause, Richard A. Epstein Jan 1996

Constitutional Faith And The Commerce Clause, Richard A. Epstein

Articles

No abstract provided.


Precommitment Politics, Saul Levmore Jan 1996

Precommitment Politics, Saul Levmore

Articles

No abstract provided.


Parents' Rights And Parents Wronged, Emily Buss Jan 1996

Parents' Rights And Parents Wronged, Emily Buss

Articles

No abstract provided.


You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss Jan 1996

You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss

Articles

A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.


Group Norms, Gossip, And Blackmail, Richard H. Mcadams Jan 1996

Group Norms, Gossip, And Blackmail, Richard H. Mcadams

Articles

No abstract provided.


Law, Economics, And Inefficient Norms, Eric A. Posner Jan 1996

Law, Economics, And Inefficient Norms, Eric A. Posner

Articles

No abstract provided.


Pragmatic Adjudication, Richard A. Posner Jan 1996

Pragmatic Adjudication, Richard A. Posner

Articles

No abstract provided.


Heidegger And The Theory Of Adjudication, Brian Leiter Jan 1996

Heidegger And The Theory Of Adjudication, Brian Leiter

Articles

No abstract provided.


Twenty Years Of Undergraduate Libraries: Whence And Whither?, Mark Watson, Jody Bales Foote, Roland Person Jan 1996

Twenty Years Of Undergraduate Libraries: Whence And Whither?, Mark Watson, Jody Bales Foote, Roland Person

Articles

Undergraduate libraries as part of university library systems have existed since 1949, but there is little statistical data prior to 1971. This study examines statistics reported since that time, supplemented with electronic mail surveying, to show how such libraries have responded to the changing needs of an undergraduate population. The results show that change, and rapid response to external forces, are hallmarks of undergraduate libraries past and present.


Review Essay: Interrogating Identity, Mary I. Coombs Jan 1996

Review Essay: Interrogating Identity, Mary I. Coombs

Articles

No abstract provided.


Social Norms And Social Roles, Cass R. Sunstein Jan 1996

Social Norms And Social Roles, Cass R. Sunstein

Articles

No abstract provided.


How Free Is Speech At Work?, Mary E. Becker Jan 1996

How Free Is Speech At Work?, Mary E. Becker

Articles

No abstract provided.


The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1996

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.


Responsible Parents And Good Children, Judith T. Younger Jan 1996

Responsible Parents And Good Children, Judith T. Younger

Articles

No abstract provided.


Training Teachers Of Distant Learners, Morton Isaacs Jan 1996

Training Teachers Of Distant Learners, Morton Isaacs

Articles

Distance Education increasingly is being utilized as an instructional method within the college environment. It has several advantages, among which are that it enables course participation by *Handicapped persons whose problems of speech, hearing, or movement may make spontaneous interaction with others difficult; *Geographically or temporally isolated persons; *Those whose language differs from that of the instructor; *Instructors who have special knowledge that would otherwise be impractical to teach due to the scattered locations of those interested in the material. However, this method requires instructors to adjust to many factors that have little relevance in traditional teaching methods: *The absence …


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.


The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi Jan 1996

The Fcc, Indecency, And Anti-Abortion Political Advertising, Lili Levi

Articles

No abstract provided.


The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz Jan 1996

The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz

Articles

No abstract provided.


Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr. Jan 1996

Building Bridges And Overcoming Barricades: Exploring The Limits Of Law As An Agent Of Transformational Social Change Colloquium: Bridging Society, Culture, And Law: The Issue Of Female Circumcision, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Meaning In The Life Of The Lawyer, James Boyd White Jan 1996

Meaning In The Life Of The Lawyer, James Boyd White

Articles

First let me say what a pleasure it is to be here on such an occasion. Dean Kronman is an old and valued friend, and I am very glad to be able to visit your school, of which I have heard many good things. In the remarks that follow I shall respond to Dean Kronman's eloquent and elegiac account of "civility" in our culture, and in the law, not so much by marking agreement or disagreement as by offering a few loosely connected reflections on the topics he raises.