Digital Commons Network^™

Windfalls, Eric Kades

Faculty Publications

No abstract provided.

If You Don't Have Anything Good To Say..., Peter A. Alces

Faculty Publications

No abstract provided.

W(H)Ither Warranty: The B(L)Oom Of Products Liability Theory In Cases Of Deficient Software Design, Peter A. Alces

Faculty Publications

No abstract provided.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Redefining Parenthood, Ruth Halperin-Kaddari

California Western International Law Journal

No abstract provided.

Unilateral Enforcement Of Resolution 687: A Threat Too Far?, Nigel D. White, Robert Cryer

California Western International Law Journal

No abstract provided.

Are The Principles Of Human Rights "Western" Ideas? An Analysis Of The Claim Of The "Asian" Concept Of Human Rights From The Perspectives Of Hinduism, Surya P. Subedi

California Western International Law Journal

No abstract provided.

Human Rights: The Universalist Controversy. A Response To Are The Principles Of Human Rights "Western" Ideas? An Analysis Of The Claim Of The "Asian" Concept Of Human Rights From The Perspectives Of Hinduism, By Dr. Surya P. Subedi., Matthew A. Ritter

California Western International Law Journal

No abstract provided.

Should Former Government Leaders Be Subject To Prosecution After Their Term In Office? The Case Of South African President P.W. Botha, Paul Lansing, Julie King Perry

California Western International Law Journal

No abstract provided.

Diverse Families With Parallel Needs: A Proposal For Same-Sex Immigration Benefits, Brian Mcgloin

California Western International Law Journal

No abstract provided.

Addressing Religious Intolerance In Europe: The Limited Application Of Article 9 Of The European Convention Of Human Rights And Fundamental Freedoms, Keturah A. Dunne

California Western International Law Journal

No abstract provided.

Turning Insider Trading Inside Out In The European Union, Viveca Hostetter

California Western International Law Journal

No abstract provided.

Addressing Religious Intolerance In Europe: The Limited Application Of Article 9 Of The European Convention Of Human Rights And Fundamental Freedoms, Keturah A. Dunne

California Western International Law Journal

No abstract provided.

Diverse Families With Parallel Needs: A Proposal For Same-Sex Immigration Benefits, Brian Mcgloin

California Western International Law Journal

No abstract provided.

Have Rifle With Scope, Will Travel: The Global Economy Of Mercenary Violence, Montgomery Sapone

California Western International Law Journal

No abstract provided.

Are The Principles Of Human Rights "Western" Ideas? An Analysis Of The Claim Of The "Asian" Concept Of Human Rights From The Perspectives Of Hinduism, Surya P. Subedi

California Western International Law Journal

No abstract provided.

Human Rights: The Universalist Controversy. A Response To Are The Principles Of Human Rights "Western" Ideas? An Analysis Of The Claim Of The "Asian" Concept Of Human Rights From The Perspectives Of Hinduism, By Dr. Surya P. Subedi., Matthew A. Ritter

California Western International Law Journal

No abstract provided.

Long Live The Bill Of Rights! Long Live Akhil Reed Amar's The Bill Of Rights!, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Akhil Reed Amar's volume, The Bill of Rights: Creation and Reconstruction ("The Bill of Rights"), deserves to sit on every constitutional scholar and lawyer's shelf along with such other contemporary classics as Alexander Bickel's The Least Dangerous Branch, Charles Black's Structure and Relationship in Constitutional Law, John Hart Ely's Democracy and Distrust, and Philip Bobbitt's Constitutional Fate. This book builds on two of the most breathtaking and important law review articles of the past decade-Professor Amar's The Bill of Rights as a Constitution, and The Bill of Rights and the Fourteenth Amendment. Professor Amar's contributions to constitutional scholarship are of …

Nea V. Finley: A Decision In Search Of A Rationale, Lackland H. Bloom Jr.

Faculty Journal Articles and Book Chapters

Debate has raged over whether Congress can constitutionally restrict, or at least influence, the ability of the National Endowment for the Arts (“NEA”) to award grants to artists and institutions for the creation or display of art work that a significant segment of the public would consider highly offensive. In the October 1997 Term, the Supreme Court, by an 8-1 margin in NEA v. Finley, upheld section 954(d), a 1991 congressional amendment to the NEA Act that requires the Chairperson of the NEA to ensure that, in establishing regulations and procedures for assessing artistic excellence and artistic merit, “general standards …

Crossing The Threshold: Examining The Abatement Of Public Nuisances Within The Home, Mary B. Spector

Faculty Journal Articles and Book Chapters

The Article suggests an approach courts should use when considering whether to abate a public nuisance within a home that is consistent with the goals and purposes of traditional public nuisance law as well as modern approaches to the regulation of individual rights and property. Part I provides the background for the analysis as it examines the common law origins of public nuisance law and the expansion of the equitable remedy of abatement. It also contrasts the law of public nuisance with the law of civil forfeiture. Although the law of civil forfeiture also permits uncompensated seizure of property connected …

Environmental Ethics And Our Moral Relationship To Future Generations: Future Rights And Present Virtue, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

A central issue in environmental ethics is characterization of our “moral relationship” to future generations. What, if any, obligations do we owe to the future? How should our present actions be influenced by their impact on the future?

The purpose of this article is to characterize and hopefully clarify certain aspects of this “moral relationship.” First, the article identifies those distinctive qualities that distinguish a moral analysis of our relationship to future generations from the moral analysis that will apply to an assessment of our actions on our own generation. It suggests that the issue of our moral relationship to …

Bankruptcy Takings, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

The Takings Clause is a vital consideration in determining the treatment of secured creditors in bankruptcy. This Article will explain why the Takings Clause is relevant and why scholars engaged in the debate over secured credit must consider the constitutionality of their proposals in light of the takings issue. In Part I of the Article, I explore the ways in which current bankruptcy law provides protection and gives deference to property rights. I also discuss certain proposals that would reduce the protection given to secured parties. Part II provides an overview of takings law and discusses some of the cases …

Latinos, Assimilation And The Law: A Philosophical Perspective, George A. Martinez

Faculty Journal Articles and Book Chapters

Although Latinos have been in the United States for many years, they have not been completely assimilated into mainstream American society. Separate Latino enclaves, as well as unique Latino cultural practices, demonstrate that Latinos have not fully assimilated. This article responds to those who advocate the use of legal means to ensure Latino assimilation. This article argues that one should reject pressure to assimilate, and instead recognize the worth of distinctive cultural traditions of Latinos and other minorities. Moreover, this article uses philosophical literature to designate important limits on the demand for Latinos and others to assimilate into dominant society. …

Crossover Dreams: The Roots Of Latcrit Theory In Chicana/O Studies Activism And Scholarship, Kevin R. Johnson, George A. Martinez

Faculty Journal Articles and Book Chapters

As the century comes to a close, critical Latina/o theory has branched off from Critical Race Theory. This article considers how this burgeoning body of scholarship finds its roots in a long tradition of Chicana/o activism and scholarship, particularly the work of Chicana/o Studies scholar-activists. In the critical study of issues of enduring significance to the greater Latina/o community, we owe a deep intellectual debt to the generations of scholarship focusing on Chicana/os in the United States.

This praise might strike some knowledgeable observers as odd. Chicana/o Studies developed with an exclusive focus on the subordination of persons of Mexican …

Philosophical Considerations And The Use Of Narrative In Law, George A. Martinez

Faculty Journal Articles and Book Chapters

The use of narrative in law raises a number of philosophical/jurisprudential issues. Narrative has been used primarily by critical theorists, including critical race theorists, Latino legal theorists, Asian-American legal theorists, feminist legal theorists, and gay/lesbian legal theorists. They offer narrative as a way to introduce a perspective that is not represented in mainstream legal discourse.

Drawing on philosophy, the author explains the importance of narrative for outsiders and offers responses to some important philosophical or jurisprudential objections to the use of narrative in law. In particular, the author responds to the following claims: (1) the use of narrative is an …

The Recent Asian Financial Crises: Possible Lessons And Implications For South Africa, Joseph J. Norton

Faculty Journal Articles and Book Chapters

No abstract provided.

Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Faculty Scholarship

Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."² In …

Digital Technology And Copyright: A Threat Or A Promise - Introduction, Michael J. Meurer

Faculty Scholarship

On November 14, 1998, Franklin Pierce Law Center (FPLC), in cooperation with the Kenneth J. Germeshausen Center for the Law of Innovation and Entrepreneurship and the PTC Research Foundation, both of which are headquartered at FPLC, held its Seventh Biennial Intellectual Property System Major Problems Conference. While noteworthy for a broadening in scope over previous conferences - from "patent system major problems" to "intellectual property system major problems" - the seventh biennial conference continues a tradition of scholarship and discussion begun in 1987 by former FPLC professor Homer O. Blair.

The discussions in Professor Blair's inaugural major problems conference focused …

Goodbye To Hammurabi: Analyzing The Atavistic Appeal Of Restorative Justice Prosecuting Violence: A Colloquy On Race, Community, And Justice, Richard Delgado

Articles

No abstract provided.

California's Racial History And Constitutional Rationales For Race-Conscious Decision Making In Higher Education Symposium: Race And The Law At The Turn Of The Century, Richard Delgado, Jean Stefancic

Articles

No abstract provided.