Digital Commons Network^™

Honesty, Privacy And Shame: When Gay People Talk About Other Gay People To Nongay People, Steven K. Homer, David L. Chambers

Faculty Scholarship

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. This article looks that this convention as it applies in the context of conversations between individuals about acquaintances, friends, and the person next door. We focus on the outing of ordinary people by other ordinary people because the day-to-day lies openly gay people tell to protect friends and acquaintances often place the tellers in a personal ethical …

Legal Regulation Of Marriage: From Status To Contract And Back Again?, Jana B. Singer

Faculty Scholarship

The purpose of this paper is to give a brief historical overview of the way in which the American legal system has traditionally regulated marriage.

On Reading Recipes. . . And Constitutions, Gary S. Lawson

Faculty Scholarship

Modem theories of constitutional interpretation typically make the truth of propositions about constitutional meaning depend, at least to some degree, on the extent to which those propositions lead to politically legitimate results' and/or cohere with modem constitutional practice. That is, such theories generally maintain that correct interpretations of the Constitution must provide normative grounds to apply those interpretations in real cases, must be consistent with at least a substantial amount of real-world constitutional decision making, or both.

Hallucinations, Peter J. Whitehouse, Marian B. Patterson, Milton E. Strauss, David S. Geldmacher, James L. Mack, Grover C. Gilmore, Elizabeth Koss

Faculty Scholarship

No abstract provided.

The Chosen People In Our Wilderness, Susan P. Koniak

Faculty Scholarship

Strangers there are among us, practicing with weapons for something they believe might come - something some of them believe should come. Militia men, patriots, self-proclaimed true Americans. Chosen people. What are we, members of the power elite, the academy, the legal intelligentsia - the other chosen people - to make of them? Sideshow freaks may titillate even a scholar, but they rarely, if ever, inform. Is there more here?

Along with the authors of Gathering Storm and Rural Radicals, I believe there is. Neither of these books sets out to convince lawyers or law professors in particular that …

From Product To Process: Evolution Of A Legal Writing Program, Diane Edelman, Jo Ann Durako, Kathryn Stanchi, Brett Armdur, Lorray Brown, Rebecca Connelly

Faculty Scholarship

No abstract provided.

Emergency Care And Managed Care - A Dangerous Combination, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso

Faculty Scholarship

The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …

The Pecos River Controversy- How Did We Get Here?, G. Emlen Hall

Faculty Scholarship

Conference program only.

The Religion Clauses And Freedom Of Speech In Australia And The United States: Incidental Restrictions And Generally Applicable Laws, David S. Bogen

Faculty Scholarship

No abstract provided.

Legal Process And Choice Of Law, William L. Reynolds

Faculty Scholarship

No abstract provided.

The Piracy Gap: Protecting Intellectual Property In An Era Of Artistic Creativity And Technological Change, Sherri L. Burr

Faculty Scholarship

This Essay explores what Mark Twain, Bill Gates, and Live Crew have in common with other artistic and informational pioneers. Their creative visions and works challenge society to develop new legal methods for regulating the artistic and technological expansion. As this Essay demonstrates, law follows technology, albeit slowly. The author predicts that the next twenty-five years will pose more challenges to intellectual property laws than the last fifty. As new forms of art are created, reflected in the case of rap music, and new forms of communication evolve onto the information highway, new methods of piracy will abound. The challenge …

Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson

Faculty Scholarship

No abstract provided.

Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii

Faculty Scholarship

No abstract provided.

The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach

Faculty Scholarship

No abstract provided.

Family Secrets, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

Faculty Scholarship

I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …

Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson

Faculty Scholarship

The American West, for the most part, is an arid place. The average annual precipitation in the seventeen western states is twenty-one inches, but in many places is far less. Often there is too little water to go around, even in places such as Oregon that are ommonly believed to be wet.' Water is valuable everywhere because it is indispensable; it is even more precious in the West because it is scarce.

Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore

Faculty Scholarship

This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …

Construction Work: The Canons Of Indian Law (Case Note), Max J. Minzner

Faculty Scholarship

Congressional pronouncements in the area of Indian law have often been both sweeping and contradictory. To clear away some of the resulting confusion, the Supreme Court has adopted canons for construing these acts: Most importantly, ambiguous statutes and treaties are interpreted in favor of the tribes. In Alaska v. Native Village of Venetie, the Ninth Circuit applied this canon in interpreting the Alaska Native Claims Settlement Act (ANCSA), determining that Alaska's native villages qualify as "Indian country." This Case Note will show that the court's reliance on the canon of construction was misplaced. The most consistent interpretation of recent Supreme …

Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon

Faculty Scholarship

No abstract provided.

Gas Mass Fractions And The Evolution Of Spiral Galaxies, Stacy S. Mcgaugh

Faculty Scholarship

We show that the gas mass fraction of spiral galaxies is strongly correlated with luminosity and surface brightness. It is not correlated with linear size. Gas fraction varies with luminosity and surface brightness at the same rate, indicating evolution at fixed size. Dim galaxies are clearly less evolved than bright ones, having consumed only ∼1/2 of their gas. This resolves the gas consumption paradox, since there exist many galaxies with large gas reservoirs. These gas-rich galaxies must have formed the bulk of their stellar populations in the last half of a Hubble time. The existence of such immature galaxies at …

Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen

Faculty Scholarship

This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …

Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla

Faculty Scholarship

This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …

Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox

Faculty Scholarship

No abstract provided.

A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose

Faculty Scholarship

This essay explores the process of teaching students—and ourselves—to listen to and accept different versions of reality. Such exploration results in a proposition that is easy to state but difficult to accomplish: that in order to achieve this goal, we must challenge the students' "common sense”—their sense that they "know" how people act—by offering examples of behaviors that differ from that knowledge, without triggering the very "common sense" we are trying to combat. Toward this end, the first section of the essay presents a hypothetical initial interview with a client, and the student interviewer's reactions to her, which reflect the …

Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port

Faculty Scholarship

The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.

How To Make A New Tort: Three Paradoxes, Anita Bernstein

Faculty Scholarship

No abstract provided.

Constitutional Aspects Of Physician-Assisted Suicide After Lee V. Oregon, Simon Canick

Faculty Scholarship

On November 8, 1994, Oregon voters narrowly passed the highly controversial Death with Dignity Act (Measure 16), which marked the first time that physician-assisted suicide was explicitly legalized anywhere in the world. In Lee v. Oregon, a group of physicians, several terminally ill persons, a residential care facility, and individual operators of residential care facilities sought to enjoin enforcement of the new law, claiming various constitutional infirmities. The U.S. District Court for the District of Oregon enjoined enforcement of the law, acknowledging that it raised important constitutional issues including possible violations of the Equal Protection and Due Process Clauses of …