Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 5461 - 5490 of 6123

Full-Text Articles in Entire DC Network

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell Mar 2001

The Land Crisis In Zimbabwe: Getting Beyond The Myopic Focus Upon Black & White, Thomas W. Mitchell

Faculty Scholarship

This article deconstructs the role that race played in the land crisis in Zimbabwe that occurred in Zimbabwe in the late 1990s and earls 2000s. The article makes it clear that the government of Zimbabwe did not extend robust property rights to its black majority population for the most part even as it took land from large white landowners. This is revealing given that the government's primary justification for taking land from large white landowners was that the black majority unjustly owned little property in Zimbabwe as a result of colonialist and neocolonialist, discriminatory polices.

Go to article

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu Mar 2001

Piracy, Prejudice, And Perspectives: An Attempt To Use Shakespeare To Reconfigure The U.S.-China Intellectual Property Debate, Peter K. Yu

Faculty Scholarship

Since the mid-1980s, the U.S.-China intellectual property conflict has entered into the public debate. It was frequently debated in Congress and was widely covered by the mass media. Despite the importance of this issue, the debate thus far has been one-sided, focusing primarily on the unfair competition aspect. While there are undeniably some greedy Chinese who are eager to free ride on the creative efforts of Western authors and inventors, greed alone cannot explain the century-old U.S.-China intellectual property conflict. To understand the roots of this conflict, one must focus on the significant political, social, economic and cultural differences between …

Go to article

The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh Mar 2001

The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh

Faculty Scholarship

Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through …

Go to article

The Role Of Law In Russian Health Reform: Report To The United States Agency For International Development, Wendy K. Mariner, Frank G. Feeley Mar 2001

The Role Of Law In Russian Health Reform: Report To The United States Agency For International Development, Wendy K. Mariner, Frank G. Feeley

Faculty Scholarship

True reform necessarily entails new law. In the newly independent Russian Federation, law has played a formative role in efforts to reform the health care system. Both historically and structurally, the health care system in Russia is more dependent on legal authorization than that in most Western industrialized countries. Reforms that providers might institute independently elsewhere are not likely to happen in Russia without specific laws authorizing them. Policy makers often formulate the substance of policy in the context of developing legislation, instead of drafting legislation to codify settled policy decisions. Thus, identifying and developing suitable laws has become an …

Go to article

Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor Jan 2001

Epa And Its Sisters At 30: Devolution, Revolution, Or Reform?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Go to article

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks Jan 2001

What Is A Community? Group Rights And The Constitution: The Special Case Of African Americans, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Go to article

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez Jan 2001

Ethnocentrism And Feminism: Using A Contextual Methodology In International Women's Rights Advocacy And Education, Antoinette M. Sedillo Lopez

Faculty Scholarship

I have proposed a method of comparative analysis that respects culture by contextualizing analysis of women's issues. I believe that we can help women around the world improve their lives while retaining their cultural values and identity. We can use comparative law as a tool to help identify laws that successfully address women's needs and those that do not. Comparative theory does not posit an evaluation of the law determining which law or legal system is "better." Rather, comparative theory can illuminate differences based on systemic and cultural diversity. Understanding these differences can help us understand how best to use …

Go to article

From Rio To Johannesburg: Implementing Sustainable Development At The Global And Local Scale, John C. Dernbach Jan 2001

From Rio To Johannesburg: Implementing Sustainable Development At The Global And Local Scale, John C. Dernbach

Faculty Scholarship

No abstract provided.

Go to article

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M Moringiello Jan 2001

Revised Article 9, Liens From The Fringe, And Why Sometimes Signatures Don’T Matter, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

Go to article

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto Jan 2001

Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto

Faculty Scholarship

No abstract provided.

Go to article

Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind Jan 2001

Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

Go to article

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr Jan 2001

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr

Faculty Scholarship

This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.

Go to article

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio Jan 2001

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio

Faculty Scholarship

This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …

Go to article

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman Jan 2001

The Effects Of Mediation In A Juvenile Incarceration Facility: Reduction Of Violence Through Transformation, Linda H. Morton, Floralynn Einesman

Faculty Scholarship

Using Bush and Folger’s transformative framework and psychological theory, the authors posit that mediation can play a role in changing the behavior of incarcerated juveniles by its focus on empathy and self-empowerment. After a brief description of their mediation clinic in Juvenile Hall, the authors assess the effects of the clinic in transforming its participants through data gathered.

Go to article

"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla Jan 2001

"But You're Not A Dirty Mexican": Internalized Oppression, Latinos & Law, Laura M. Padilla

Faculty Scholarship

This article will describe internalized oppression and racism and expose the harms they cause. It will also dissect the reasons we engage in internalized oppression and racism and explain that once the reasons are exposed, it will be easier to engage in a conscious effort to reduce and ultimately eradicate internalized oppression and racism. Part II of this article defines internalized oppression and internalized racism and elaborates on ways that they are generally expressed in the Latino community. Part III explains how Latinos' internalized racism is reflected in some areas of the law by detailing both Latinos' support for a …

Go to article

Regulatory Initiatives And The Internet: A New Era Of Oversight For The Securities And Exchange Commission, Roberta S. Karmel Jan 2001

Regulatory Initiatives And The Internet: A New Era Of Oversight For The Securities And Exchange Commission, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Go to article

Yahoo And Democracy On The Internet, Joel R. Reidenberg Jan 2001

Yahoo And Democracy On The Internet, Joel R. Reidenberg

Faculty Scholarship

This article examines the French court order requiring Yahoo to prevent French Internet users from accessing images of Nazi memorabilia available for auction on the company's American web site. The article uses the French case to challenge the popular belief that an entirely borderless Internet favors democratic values. The article starts from the premise that while the Internet enables actors to reach a geographically dispersed audience, the Internet should not change the accountability of those actors for their conduct within national borders. The article shows that Yahoo's extensive business in France justifies the application of France's democratically chosen law and …

Go to article

Global Governance And The Changing Face Of International Law, Charlotte Ku Jan 2001

Global Governance And The Changing Face Of International Law, Charlotte Ku

Faculty Scholarship

No abstract provided.

Go to article

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero Jan 2001

Restricting Hate Speech Against Private Figures: Lessons In Power-Based Censorship From Defamation Law, Victor C. Romero

Faculty Scholarship

This article examines the debate between those who favor greater protection for minorities vulnerable to hate speech and First Amendment absolutists who are skeptical of any burdens on pure speech. The author also provides another perspective on the debate by highlighting the "public/private figure" distinction as an area within First Amendment law that acknowledges differences in power, a construct anti-hate speech advocates should use to further their cause. Specifically, the author places the "public/private figure" division in a theoretical and historical context and then provides empirical support for the thesis that whites enjoy a more prominent societal role and greater …

Go to article

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye Jan 2001

Two Fallacies About Dna Data Banks For Law Enforcement, David H. Kaye

Faculty Scholarship

This commentary on the article Legal and Policy Issues in Expanding the Scope of Law Enforcement DNA Data Banks, 67 Brook. L. Rev. 127 (2001), by Mark Rothstein and Sandra Carnahan, argues that the case for confining law enforcement DNA databases to noncoding loci and to samples from individuals convicted of violent crimes is quite weak.

It describes alternative approaches, including the possibility of a population-wide database; the privacy implications of the loci now used in forensic identification; the law governing DNA dragnets; and the limits on DNA databases imposed by recent cases on searches and seizures. It notes the …

Go to article

The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan Jan 2001

The Soul Of A New Political Machine: The Online, The Color Line And Electronic Democracy, Eben Moglen, Pamela S. Karlan

Faculty Scholarship

In this Essay, we want to suggest two ways in which people's experience with the Internet may affect how they think politics ought to be organized, and to consider the consequences for the political aspirations of minority communities. First, the notion of "virtual communities” – that is, communities that affiliate along nongeographic lines – may provide new support for alternatives to traditional geographic districting practices. As Americans become more comfortable with the idea that people can belong to voluntarily created, overlapping, fluid, nongeographically defined communities, which may be as important as the physical communities in which they live, they may …

Go to article

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg Jan 2001

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg

Faculty Scholarship

More than any other contemporary American legal scholar, Professor Merryman has drawn attention to the moral rights claims of artists. Anything written in the field in the United States since 1976 owes inspiration to The Refrigerator of Bernard Buffet ("The Refrigerator") Professor Merryman's seminal article in the 1976 Hastings Law Journal. I feel this particularly acutely since I became interested in the issue as a law student, in 1978. It looked like a hopeful time, for Professor Merryman had shown the way, and the Second Circuit, in the then-recently decided Monty Python case, seemed to be paying heed. The …

Go to article

Presidents, Secretaries Of State, And Other Visible International Lawyers, Lori Fisler Damrosch Jan 2001

Presidents, Secretaries Of State, And Other Visible International Lawyers, Lori Fisler Damrosch

Faculty Scholarship

I invite you to join me on a journey back ninety years, to the 1911 Annual Meeting as recorded in the 1911 Proceedings (pp. 340-41). President Rovine's predecessor, the then-president of the Society, was Elihu Root, a former secretary of war and secretary of state who was at the time senator for New York (Senator Clinton, please take note!). Root would win the Nobel Peace Prize the following year. President Root proposed a toast to the honorary president of the Society, who then gave the banquet address.

Go to article

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell Jan 2001

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell

Faculty Scholarship

'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …

Go to article

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr. Jan 2001

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Go to article

Remedying Racial Profiling, Brandon L. Garrett Jan 2001

Remedying Racial Profiling, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Go to article

Special Operations Forces After Kosovo, Charles J. Dunlap Jr. Jan 2001

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Go to article

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar Jan 2001

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Go to article

Intent To Use: A Failed Experiment?, Amy B. Cohen Jan 2001

Intent To Use: A Failed Experiment?, Amy B. Cohen

Faculty Scholarship

When Congress enacted the Trademark Law Revision Act of 1988 ("TLRA"), it made the first truly radical change in trademark law since the passage of the Lanham Act in 1946. By adding Section 1(b) to the Lanham Act allowing applications for federal trademark registration to be based on an intent to use the mark, Congress for the first time provided a way to apply for federal trademark registration before actual use of a trademark. Congress made this change to bring United States law into closer conformity with the practice elsewhere in the world where use is not a prerequisite to …

Go to article

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora Jan 2001

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Go to article

First Prev Next Last