Digital Commons Network^™

The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie

Washington International Law Journal

After nearly thirty years of self imposed isolation, Myanmar has reemerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial …

Korean Attitues Towards Law, Chan Jin Kim

Washington International Law Journal

Transformation is the key word to explain the Korean attitudes towards law. In the early 1950's, nation building gave impetus to economic growth and allowed Korea to quickly pass through the preliminary stages of development. Industrialization, urbanization and eventual emigration of the populace have, in many senses, displaced the traditional social value system based on Confucianism. However, a new value system has yet to take hold. The lack of such guidelines has left Koreans in a state of confusion in a world that continues to change. The Korean Constitution clearly mandates equal protection under the laws for all Koreans. However, …

One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs

Washington International Law Journal

The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's "One Country, Two Systems" approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether …

The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler

West Virginia Law Review

No abstract provided.

Preventing Workplace Violence By Mark Braverman, New Delhi: Sage, 2000., T Ananthachari

IIMB Management Review

The workplace is in many ways the meeting ground for the employer and the employees. It can lead to mutual understanding, trust and a lasting fruitful collaboration to achieve the objectives of the company. On the other hand, it can result in confrontation with all the consequent negative outcomes to follow. It is obvious that one of the basic policies of every organisation should be to forge maximum possible understanding between the two. Even a minor incident, misunderstanding or communication gap between the managerial hierarchy and the individual employee can spark off a situation which could ultimately vitiate the atmosphere …

The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith

Chicago-Kent Law Review

Using Hans-Georg Gadamer's exposition of Aristotle's adjuncts to phronêsis, or the knowing that guides deliberation, namely understanding, forbearance, and clemency, this Article attempts to retrieve a communal reasoning still evident in Homer but increasingly covered over beginning with Plato and continuing through Hobbes and Locke, in the English-language tradition, and, more recently, Rawls and Toulmin. This Article shows that, in Gadamer's reading of him, Aristotle emerges as a crucial interruption of this tendency of Western thought to abstract from the communal origins of reasoning and to start instead from what an isolated individual sees for himself or herself and …

Law As Interpretation, Charles W. Collier

Chicago-Kent Law Review

This Article situates the field of law within the interpretive disciplines and analyzes a number of key legal issues as problems of interpretation. The discussion begins with some historically important interpretive paradigms and methodological metaphors in the natural sciences, the humanities, and the social sciences. Then, within the field of law, a common law narrative, a constitutional narrative, and a community-society paradigm are described and explicated as basic interpretive frameworks of legal decision making.

Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri

Chicago-Kent Law Review

This Article seeks a model for a constitutional hermeneutics in an examination of two key debates in philosophical hermeneutics—the Gadamer-Betti debate over the role of author's meaning in interpretation and the Gadamer-Habermas debate over transcendence and critique. It compares these to the framers' intent and nonoriginalism disputes in constitutional theory. But the result is not another method of constitutional interpretation. Rather it is a hermeneutically informed way of viewing the practice of constitutional adjudication itself.

Work-In-Progress: Gadamer, Tradition, And The Common Law, Allan C. Hutchinson

Chicago-Kent Law Review

In this Article, Hutchinson provides an account of the common law tradition of judging that draws upon Hans-Georg Gadamer's writings that advance the intellectual project of critical legal theory. Hutchinson contends that Gadamer's hermeneutics can be utilized to offer a more radical and transformative reading of the common law tradition and explores what it means to treat law seriously as a living rhetorical tradition. This Article explores Hutchinson's theory by concentrating on the recent U.S. Supreme Court physician-assisted suicide decision in Washington v. Glucksberg. This Article relies upon the notion of "work-in-progress" as a productive optic through which to …

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin L. West

Chicago-Kent Law Review

This Article examines the impact of the twenty-year-old "turn" toward interpretation in legal and constitutional scholarship. In part, because of the impact of Hans-Georg Gadamer's work, scores of critical legal scholars, including some of those writing for this Symposium, now think of adjudication and legal discourse generally as primarily interpretive, rather than economic or political or distinctively legal enterprises. This turn toward interpretation has opened the way for new insights and ways of thinking, but it has also come with costs. It has, for example, diverted attention from the ways in which constitutional law might be appropriately criticized by reference …

Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson

Chicago-Kent Law Review

Congress should abolish the nonimmigrant visa for farmworkers because of its inherently abusive and unjust nature. The visa allows abuse of farmworkers to flourish because guest workers, who live in the United States only for a short period of time, have no hope of becoming permanent residents. The workers constantly fear deportation and are unlikely to assert their rights in court. Because guest workers, by nature of their visas, may only work for one employer and the consequence for quitting is deportation, the workers may be forced to endure abusive treatment. Legal coercion prevents agricultural guest workers from leaving their …

Policing The "Wild West" World Of Internet Pharmacies, Kerry Toth Rost

Chicago-Kent Law Review

An Internet pharmacy sells medications through its Web site. Legitimate, law-abiding Internet pharmacies benefit modern healthcare in numerous ways; however, some Internet pharmacies conduct illegal and unsafe prescribing and dispensing practices that can endanger the health of the patients the pharmacy serves. Controversy exists over which regulatory body should govern the sale of prescription drugs over the Internet and how Internet pharmacies should be regulated. This Note contends that cooperation of state and federal regulatory agencies and careful updating and utilization of current regulatory avenues can adequately promote the safety of Internet pharmacies. This Note further contends that the dangers …

Palaeoecological Implications Of Archaeological Seal Bone Assemblages: Case Studies From Labrador And Baffin Island, James M. Woollett, Anne S. Henshaw, Cameron P. Wake

Earth Sciences

. In recent years, increasing scientific attention has been paid to sea mammals as biological indicators of Arctic environmental change. The usefulness of animals such as ringed seal (Phoca hispida), harp seal (Phoca groenlandica), bearded seal (Erignathus barbatus), and harbour seal (Phoca vitulina) as indicator species is due to the close relationship of their range, reproductive cycles, and life histories to sea ice. The behaviour and distribution of these species correlate with ice conditions in the areas where the animals are encountered. The proportions of seal species represented in archaeological deposits may therefore reflect, at least in part, environmental conditions …

Speleo Spiel, No. 322, October-December 2000, Jeff Butt

Speleo Spiel

Contents: Editorial -- Club Matters -- Articles/Trip Reports and -- STC Warehouse Sales -- Classifieds

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

Chicago-Kent Law Review

In his recent book, Cultural Software, Jack Balkin offers a new approach to ideology and critical theory in an effort to overcome the deficiencies he finds in Hans-Georg Gadamer's hermeneutical account. This Article demonstrates that the productive aspects of Balkin's theory are central to Gadamer's philosophy, and the unproductive elements in Balkin's theory are best explained by his deviation from Gadamer's philosophical hermeneutics. Mootz rejects Balkin's transcendental argument in favor of Gadamer's insistence that critique is a feature of hermeneutical experience and that critical theory is the practice of maximizing the critical distance that occurs only within hermeneutical engagements. …

Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor

Chicago-Kent Law Review

Understanding and explanation are often viewed as oppositional: understanding is considered a search for the meaning a text provides, while explanation employs a critical, analytic method that maintains a distance from the text it interrogates. This Article demonstrates that in legal interpretation, understanding and explanation are not opposed but inextricably interconnected. Drawing first on the work of Robert Bork and Justice Antonin Scalia, this Article shows how elements of critique are present even within forms of legal interpretation that seek to maintain fidelity to the "understanding" of authorial meaning. Second, it illuminates the converse, that theories drawn to methods of …

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

William & Mary Bill of Rights Journal

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …

A Solenoid Valve Model For Pulse Detonation Applications, David S. Jensen

McNair Scholars Research Journal

No abstract provided.

Digital Superimposition Techniques In Skull/Face Comparison, Fingerprint, And Handwriting Analyses: Applications For Medicolegal Professionals, Tamara Dawn Robertson

McNair Scholars Research Journal

No abstract provided.

An Investigation Of Finger Torque Strength, Maria Jose Brown

McNair Scholars Research Journal

No abstract provided.

Factors Associated With Student Performance In The University Of Texas At Arlington Mathematics Courses In Fall 1999 And Spring 2000, Ni Khoi Tri

McNair Scholars Research Journal

No abstract provided.

Trademarks, Property, And Propriety: The Moral Economy Of Consumer Politics And Corporate Accountability On The World Wide Web, Rosemary Coombe, Andrew Herman

DePaul Law Review

No abstract provided.

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Communitarian Critique Of The Child Protective System, Toni Terling-Watt

The Journal of Sociology & Social Welfare

Child Protective Services (CPS) has been defined as an ineffective system. Common criticisms are that the system is overburdened and that family preservation policy pressures CPS to reunite families that can't be repaired. However, empirical analyses that identify the deficiencies of this organization are limited. This study utilizes case files and in-depth interviews with interventionists within and outside of CPS to explore the issue. Results reveal that the most common criticisms of the system do have merit. However, it reveals additional system limitations. Results suggest that the child protective system is characterized by an individualistic approach and that this focus …

Job Stability And Wage Progression Patterns Among Early Tanf Leavers, Steven G. Anderson, Anthony P. Halter, George Julnes, Richard Schuldt

The Journal of Sociology & Social Welfare

This article reports on first-year employment experiences of a randomly selected sample of 213 Illinois TANF leavers. Aggregate employment levels were 70 percent at exit, and leavers typically generated earnings from a single full-time job. However, employment often was unstable, so that only about one-fourth of leavers had the same job both at exit and when interviewed 10-11 months later. Employment instability resulted from the marginal or temporary nature of many jobs, as well as employment barriers such as health problems and lack of day care. Average wage levels easily exceeded the minimum wage and grew during the first year …

Journal Of Sociology & Social Welfare Vol. 24, No. 4 (December 2000)

The Journal of Sociology & Social Welfare

TABLE OF CONTENTS

• A COMMUNITARIAN CRITIQUE OF THE CHILD PROTECTIVE SYSTEM - Toni Terling-Watt
• ESTIMATING POVERTY RATES IN A METROPOLIS: THE EXAMPLE OF LOS ANGELES/LONG BEACH - Robert G. Mogull
• JOB STABILITY AND WAGE PROGRESSION PATTERNS AMONG EARLY TANF LEAVERS - Steven G. Anderson, Anthony P. Halter, George Julnes, and Richard Schuldt
• WELFARE REFORM: A SOCIAL WORK PERSPECTIVE FOR ASSESSING SUCCESS - Dennis D. Long
• THE IMPACT OF ECONOMIC STRUCTURAL ADJUSTMENT PROGRAMS [ESAPs] ON WOMEN AND CHILDREN: IMPLICATIONS FOR SOCIAL WELFARE IN ZIMBABWE - Saliwe M. Kawewe and Robert Dibie
• THE HIGHER EDUCATION OPTION FOR POOR WOMEN WITH CHILDREN - …

Essay: Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon

Brooklyn Law Review

No abstract provided.

Essay: The Second Circuit Addresses Gender-Based Violence: A Review Of Violence Against Women Act Cases, Julie Goldscheid

Brooklyn Law Review

No abstract provided.

What Would Learned Hand Do? Adapting To Technological Change And Protecting The Attorney-Client Privilege On The Internet, Joseph W. Wood

Brooklyn Law Review

No abstract provided.

Analytical Approaches In Search Of Consistent Application: A Comparative Analysis Of The Second Circuit Decisions Addressing Gender In The Asylum Law Context, Pamela Goldberg

Brooklyn Law Review

No abstract provided.