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Are Religiously Affiliated Law Schools Obsolete In America? The View Of An Outsider Looking In, Randy Lee Jan 2000

Are Religiously Affiliated Law Schools Obsolete In America? The View Of An Outsider Looking In, Randy Lee

Faculty Scholarship

No abstract provided.


D.C. Circuit Revives Nondelegation Doctrine…Or Does It? American Trucking Associations, Inc. V. Epa, 175 F.3d 1027 (D.C. Cir. 1999), Modified, 195 F.3d 4 (D.C. Cir. 1999), Michael R. Dimino Jan 2000

D.C. Circuit Revives Nondelegation Doctrine…Or Does It? American Trucking Associations, Inc. V. Epa, 175 F.3d 1027 (D.C. Cir. 1999), Modified, 195 F.3d 4 (D.C. Cir. 1999), Michael R. Dimino

Faculty Scholarship

No abstract provided.


Introduction, Randy Lee Jan 2000

Introduction, Randy Lee

Faculty Scholarship

No abstract provided.


Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach Jan 2000

Moving The Climate Change Debate From Models To Proposed Legislation: Lessons From State Experience, John C. Dernbach

Faculty Scholarship

No abstract provided.


Robert Bolt’S A Man For All Seasons And The Art Of Discerning Integrity, Randy Lee Jan 2000

Robert Bolt’S A Man For All Seasons And The Art Of Discerning Integrity, Randy Lee

Faculty Scholarship

No abstract provided.


The Ada, Respiratory Disabilities And Smoking: Can Smokers At Burger King Really Have It Their Way?, Mary Kate Kearney Jan 2000

The Ada, Respiratory Disabilities And Smoking: Can Smokers At Burger King Really Have It Their Way?, Mary Kate Kearney

Faculty Scholarship

No abstract provided.


The Government’S Duty To ‘Seek Justice’ In Civil Cases, James W. Diehm Jan 2000

The Government’S Duty To ‘Seek Justice’ In Civil Cases, James W. Diehm

Faculty Scholarship

No abstract provided.


When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee Jan 2000

When A King Speaks Of God; When God Speaks To A King: Faith, Politics, Tax Exempt Status, And The Constitution In The Clinton Administration, Randy Lee

Faculty Scholarship

No abstract provided.


Introduction, Robyn L Meadows, Carl S. Bjerre, Stephen L. Sepinuck Jan 2000

Introduction, Robyn L Meadows, Carl S. Bjerre, Stephen L. Sepinuck

Faculty Scholarship

No abstract provided.


Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L Meadows Jan 2000

Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L Meadows

Faculty Scholarship

No abstract provided.


Sales, Robyn L Meadows, John D. Wladis, Larry T. Garvin, Veryl L. Miles, Mark E. Roszkowski Jan 2000

Sales, Robyn L Meadows, John D. Wladis, Larry T. Garvin, Veryl L. Miles, Mark E. Roszkowski

Faculty Scholarship

No abstract provided.


The Government Attorney’S Conflicting Obligations, Anna P. Hemingway Jan 2000

The Government Attorney’S Conflicting Obligations, Anna P. Hemingway

Faculty Scholarship

No abstract provided.


The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora Jan 2000

The Calm Before The Storm: First Amendment Cases In The 1998-99 Term, Joel Gora

Faculty Scholarship

No abstract provided.


Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza Jan 2000

Agency Adjudication, The Importance Of Facts And The Limitations Of Labels, William D. Araiza

Faculty Scholarship

No abstract provided.


You Should Have Known Better, Bailey Kuklin Jan 2000

You Should Have Known Better, Bailey Kuklin

Faculty Scholarship

No abstract provided.


Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez Jan 2000

Evolving Indigenous Law: Navajo Marriage--Cultural Traditions And Modern Challenges, Antoinette M. Sedillo Lopez

Faculty Scholarship

Tribal regulation of marriage is an example of tribal government and tribal court using the legal system to reclaim traditional values and to resist (at least in part) the dominant values imposed on the Navajo Nation. Identity as Dine (the Navajos term to refer to themselves) is based on clan affiliations, which are determined by blood and marriage. Marriage has been an important and sacred institution in Navajo tradition. The Navajo Supreme Court and the Tribal Council have attempted to find a substantive law of marriage that respects traditional Navajo culture while meeting contemporary needs of Navajo people. The Navajo …


Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya Jan 2000

Silence And Silencing: Their Centripetal And Centrifugal Forces In Cultural Expression, Pedagogy And Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice. Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication …


Tularosa And The Dismantling Of New Mexico Community Ditches, G. Emlen Hall Jan 2000

Tularosa And The Dismantling Of New Mexico Community Ditches, G. Emlen Hall

Faculty Scholarship

In the last quarter of the nineteenth century and the first quarter of the twentieth, contested claims to the water of a small stream in south-central New Mexico produced a storm of legal activity. The maelstrom arose out of the tangled complications surrounding the development of non-Indian water rights to the Tularosa Creek. The creek was a small spring-fed stream that headed on the Mescalero Apache Indian homelands in the Sacramento Mountains. From its beginnings, the creek ran west, first through a narrow canyon and then out onto a broad plain before petering out in the porous White Sands. Between …


O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr Jan 2000

O.J. As A Tale Of 2 Operas (Essays On The Trials Of The Century), Sherri L. Burr

Faculty Scholarship

The theme of this essay is that blacks and whites reacted differently to the O.J. criminal verdicts because they watched two different dramas unfold over the course of the trial. Many whites saw O.J. as the archetype of Otello, the heroic Moor who came to live within the midst of Europeans and married the lovely Desdemona, only to kill her in a jealous rage after she befriended another man. Many blacks perceived O.J.'s trial as a modernized Porgy and Bess, which features white police officers abusing power when they jail an innocent person because they are too lazy to search …


Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport Jan 2000

Equality Of The Damned: The Execution Of Women On The Cusp Of The 21st Century, Elizabeth Rapaport

Faculty Scholarship

This article explores why women are rarely executed and examines the execution of four women in the Post-Furman Era, focusing on the execution of Karla Faye Tucker.


The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger Jan 2000

The Locus Of Lawmaking: Uniform State Law, Federal Law, And Bankruptcy Reform, Edward J. Janger

Faculty Scholarship

No abstract provided.


Hormone Replacement Therapy, Or Just Eat More Meat: The Technological Hare Vs. The Regulatory Tortoise, Leticia M. Diaz Jan 2000

Hormone Replacement Therapy, Or Just Eat More Meat: The Technological Hare Vs. The Regulatory Tortoise, Leticia M. Diaz

Faculty Scholarship

Is meat with its high fat content the real culprit, or is it the FDA-approved growth hormones, the same hormones that have been rejected in Europe, that should bear the blame? Why is eating less meat associated with a lower incidence of many types of cancer? Could it be chemical overload? American women are about five times more likely to develop breast cancer than are women in less developed countries.


Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint Jan 2000

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

Faculty Scholarship

The Minnesota Court of Appeals is dedicated to providingaffordable access to the appellate process. Access to theappellate process is central to our vision. In order to promote this vision, the Minnesota Court ofAppeals has taken the initiative to implement Interactive VideoTeleconferencing ("IVT"). This essay will discuss the historybehind this decision, the mechanics of its implementation, andthe benefits and challenges of its application to the appellateprocess.


Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy Jan 2000

Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy

Faculty Scholarship

If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.


But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox Jan 2000

But Why Not Marriage: Some Thoughts On Vermont’S Civil Unions Law, Same-Sex Marriage, And Separate But (Un)Equal, Barbara Cox

Faculty Scholarship

This article is divided into three sections. Section one considers the positive results from the civil unions law. It recognizes that this legislation represents an important step along the path toward full recognition of same-sex couples by extending significant rights, benefits, and responsibilities beyond opposite-sex marriage." With these benefits, however, come several problems. Section two places the civil unions law along side other examples of "separate but equal" restrictions in the race and sex contexts and considers it within the sexual orientation context. This section explains how government-sponsored segregation has always caused damage to both groups that are taught they …


“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox Jan 2000

“The Little Project:” From Alternative Families To Domestic Partnerships To Same-Sex Marriage, Barbara Cox

Faculty Scholarship

No abstract provided.


Weapons To Fight Insider Trading In The 21st Century: A Call For The Repeal Of Section 16(B), Michael H. Dessent Jan 2000

Weapons To Fight Insider Trading In The 21st Century: A Call For The Repeal Of Section 16(B), Michael H. Dessent

Faculty Scholarship

No abstract provided.


Collisions, Joseph Sweeney Jan 2000

Collisions, Joseph Sweeney

Faculty Scholarship

No abstract provided.


Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl Jan 2000

Currencies And The Commodification Of Environmental Law, James Salzman, J.B. Ruhl

Faculty Scholarship

No abstract provided.


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.