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1998

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[Review Of] Tracy Mishkin. The Harlem And Irish Renaissances: Language, Identity, And Representation, Jennifer Schulz Jan 1998

[Review Of] Tracy Mishkin. The Harlem And Irish Renaissances: Language, Identity, And Representation, Jennifer Schulz

Ethnic Studies Review

The very title of Tracy Mishkin's The Harlem and Irish Renaissances: Language, Identity, and Representation would fill any scholar of either movement with skepticism. To draw parallels among turn of the century Anglo-Irish writers' efforts to represent and revitalize the identity and language of Irish culture (which must take into account the often divergent political and social interests of myriad groups: Gaelic nationalists and Catholic-Irish peasantry, just to name two) with early twentieth-century African American and black immigrant intellectuals' self-conscious construction of a race capital and cultural movement in the midst of Jim Crow legislation and renewed vehemence of nativist …


[Review Of] Magdalena J. Zaborowska, Ed. Other Americans, Other Americas: The Politics And Poetics Of Multiculturalism, Phillipa Kafka Jan 1998

[Review Of] Magdalena J. Zaborowska, Ed. Other Americans, Other Americas: The Politics And Poetics Of Multiculturalism, Phillipa Kafka

Ethnic Studies Review

The editor of this text, Magdalene J. Zaborowska of Aarhus University, is a respected feminist specialist in ethnic American studies. In her introduction she provides readers with an admirably concise overview of the history of the multicultural movement and the current state of the recent multicultural wars over curriculum, literature, and the canon in the United States. Zaborowska chose the essays in this anthology because they focus on the multicultural reality that always has existed in the United States rather than on monolithic "essentialist representations of history and national identity" characteristic of previous American literary history.


Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham Jan 1998

Questioning The Admissibility Of Nonscientific Testimony After Daubert: The Need For Increased Judicial Gatekeeping To Ensure The Reliability Of All Expert Testimony, Kristina L. Needham

Fordham Urban Law Journal

This article examines the difficulty of finding a proper standard for evaluating non-scientific expert testimony. It analyzes the legal standard for the admission of expert testimony as set out in the Federal Rule of Evidence and the Daubert case. It reviews a split in courts as to how to apply these standards to non-scientific expert testimony. It ends with some proposals for the application of Daubert to non-scientific expert testimony and suggests an amendment to the Federal Rules of evidence.


No Penetration - And It's Still Rape, Lundy Langston Jan 1998

No Penetration - And It's Still Rape, Lundy Langston

Journal Publications

This Article explores the penetration requirement and considers the following: (1) whether it is a male or reasonable person understanding of what is so violative of a woman's body that it should be referred to as rape; and (2) what punishment should be imposed. This Article explores problems raised by the "foreplay" issue. Understanding that rape is not sex, in order to deem a violation, one must understand how a violation is characterized. In addition to defining what is violative, the foreplay issue raises questions about characterizations from a male perspective concerning when a male is placed on notice by …


"Over The Hills And Far Away..." : A Study Of The 95th Rifles : Their Background, Discipline, Doctrine, And Combat Employment During The Defense Of Portugal, 1810-1811, Ryan Jason Talley Jan 1998

"Over The Hills And Far Away..." : A Study Of The 95th Rifles : Their Background, Discipline, Doctrine, And Combat Employment During The Defense Of Portugal, 1810-1811, Ryan Jason Talley

Master's Theses

The first chapter of this study of the 95th examines the long struggle through the eighteenth century to create an adequately trained and equipped corps of riflemen in the British Army, culminating in the creation of the Experimental Rifle Corps in 1800. Experiences in North America, the West Indies and Europe that bear relevance will be examined along with those individuals whose experience or works influenced the creation of the 95th. The second chapter investigates the organization and new discipline of the Experimental Rifle Corps, its drafting into the line as the 95th, Sir John Moore's camp at Shorncliffe and …


Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millenium, Thomas Geu

Faculty Publications

No abstract provided.


The Uncopyrightability Of Jokes, Allen Madison Jan 1998

The Uncopyrightability Of Jokes, Allen Madison

Faculty Publications

This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.


Products Liability: The Next Act, Marshall S. Shapo Jan 1998

Products Liability: The Next Act, Marshall S. Shapo

Hofstra Law Review

No abstract provided.


Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram Jan 1998

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Hofstra Law Review

No abstract provided.


Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch Jan 1998

Education As A Fundamental Right: Challenging The Supreme Court's Jurisprudence, Timothy D. Lynch

Hofstra Law Review

No abstract provided.


"Thinking Like A Lawyer" Or Acting Like A Judge?: A Response To Professor Simon, David N. Yellen Jan 1998

"Thinking Like A Lawyer" Or Acting Like A Judge?: A Response To Professor Simon, David N. Yellen

Hofstra Law Review

No abstract provided.


Industrial Incentives: Competition Among American States And Cities, Peter S. Fisher, Alan H. Peters Jan 1998

Industrial Incentives: Competition Among American States And Cities, Peter S. Fisher, Alan H. Peters

Upjohn Press

This book is the first significant attempt to quantify the development efforts made by state and local governments. The authors' extensive research focuses on tax and incentive policies across the 24 most industrialized states in the United States and a sample of 112 cities from within those states.


Resources- May/Jun. 1998, Osp Staff Jan 1998

Resources- May/Jun. 1998, Osp Staff

Resources, from the Office of Sponsored Programs

No abstract provided.


Impact Of Nineteenth Century Missouri Courts Upon Emerging Industry: Chambers Of Commerce Or Chambers Of Justice, Thomas C. Clark Jan 1998

Impact Of Nineteenth Century Missouri Courts Upon Emerging Industry: Chambers Of Commerce Or Chambers Of Justice, Thomas C. Clark

Missouri Law Review

No abstract provided.


The International Criminal Court: History, Development And Status, J. Holmes Armstead Jr. Jan 1998

The International Criminal Court: History, Development And Status, J. Holmes Armstead Jr.

Santa Clara Law Review

No abstract provided.


The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner Jan 1998

The Need For Takings Law Reform: A View From The Trenches - A Response To Taking Stock Of The Takings Debate, Michael M. Berger, Gideon Kanner

Santa Clara Law Review

No abstract provided.


The Politics Behind Federal Rules Of Evidence 413, 414, And 415, Michael S. Ellis Jan 1998

The Politics Behind Federal Rules Of Evidence 413, 414, And 415, Michael S. Ellis

Santa Clara Law Review

No abstract provided.


Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee Jan 1998

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan T. Lee

Vanderbilt Law Review

The Anti-Terrorism and Effective Death Penalty Act of 1996 made wholesale changes to the federal habeas corpus statute. In particular, the statute contains a new section 2254(d), which controls the standards that federal habeas courts must employ when reviewing state convictions. This new provision governing the standards of review applies generally to petitions filed after April 24, 1996, the effective date of the Act. The provision's text, however, is critically ambiguous in several respects. Because most of the federal circuit courts of appeal have not yet settled even basic interpretive questions about section 2254(d), federal district courts and circuit panels …


Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King Jan 1998

Empowering And Protecting Patients: Lessons For Physician-Assisted Suicide From The African-American Experience, Leslie E. Wolf, Patricia A. King

Faculty Publications By Year

No abstract provided.


Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber Jan 1998

Is American Law Inherently Racist Krinock Lecture Series, Richard Delgado, Daniel A. Farber

Articles

No abstract provided.


Medieval Origins Of The Western Natural Rights Tradition: The Achievement Of Brian Tierney, Charles J. Reid Jr. Jan 1998

Medieval Origins Of The Western Natural Rights Tradition: The Achievement Of Brian Tierney, Charles J. Reid Jr.

Cornell Law Review

No abstract provided.


A Literalist Proposes Four Modest Revisions To Ucc Article 3, Timothy R. Zinnecker Jan 1998

A Literalist Proposes Four Modest Revisions To Ucc Article 3, Timothy R. Zinnecker

Scholarly Works

No abstract provided.


Solicitor-Client Privilege And Litigation Privilege In Civil Litigation, Garry D. Watson, Frank Au Jan 1998

Solicitor-Client Privilege And Litigation Privilege In Civil Litigation, Garry D. Watson, Frank Au

Articles & Book Chapters

This paper examines the nature and scope of solicitor-client privilege and litigation privilege. Contrary to a recent article suggesting that there are no real differences between them, it is argued that the two privileges are distinct in terms of both their underlying purposes and the requisite conditions to invoke them. Most importantly, confidentiality is a requirement of solicitor-client privilege but not of litigation privilege. Moreover, extending solicitor-client privilege to communications from third parties (as proposed in the recent article) would be dangerous. It would stretch the scope of that privilege beyond its justification of necessity, and open the way for …


Bulletin: General Catalog Issue 1998-1999, Portland State University Jan 1998

Bulletin: General Catalog Issue 1998-1999, Portland State University

Bulletin & Curriculum Change Documents

No abstract provided.


Baseball And The Rule Of Law, Paul Finkelman Jan 1998

Baseball And The Rule Of Law, Paul Finkelman

Cleveland State Law Review

Most cultures have a new year of some kind; a season of beginning. For lawyers who are baseball fans, there are two beginnings, two seasons. The first season begins in April, and begins to wind down in October. That is of course, the baseball season. But, with baseball finished, we can turn to the Court, and watch it with a keen eye. The Court's season continues to build to its climax in the Spring. Just as the baseball season is beginning its slow opening, the Court overwhelms us in the spring with what sometimes seems to be an avalanche of …


The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal Jan 1998

The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal

Cleveland State Law Review

This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …


Illinois State Today, Volume 32, No. 2, Winter 1998, Illinois State University Jan 1998

Illinois State Today, Volume 32, No. 2, Winter 1998, Illinois State University

Illinois State University Alumni Today (1983-1999)

Illinois State Today: A Publication for Illinois State University Alumni


Spring Commencement, April 26, 1998, Eastern Michigan University Jan 1998

Spring Commencement, April 26, 1998, Eastern Michigan University

Commencement Programs and Materials

No abstract provided.


The Right Of Publicity On The Internet, Cristina Fernandez Jan 1998

The Right Of Publicity On The Internet, Cristina Fernandez

Marquette Sports Law Review

No abstract provided.


A Statutory Analysis Of The "Laws" Of Little League Baseball (An Essay Urging Changes To The Little League Rules), Russ Versteeg Jan 1998

A Statutory Analysis Of The "Laws" Of Little League Baseball (An Essay Urging Changes To The Little League Rules), Russ Versteeg

Marquette Sports Law Review

No abstract provided.