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Canadian Same Sex Relationship Recognition Struggles And The Contradictory Nature Of Legal Victories, Brenda Cossman

Cleveland State Law Review

I want to pick up on one of the themes running through virtually all of the papers in this symposium-the contradictory nature of law. Legal victories-and defeats-are always fragile, partial and contradictory. The perspective I bring to this theme is a Canadian one, where in the context of gay and lesbian struggles, legal victories now outweigh legal defeats. I will tell a story of these legal victories, which resulted in a much celebrated case in 1999 known as M v. H., in which the Supreme Court of Canada recognized the equality rights of same sex couples, and struck down a …

Alden V. Maine And State Sovereign Immunity Original Intent Or An Intent Congenial To The Court's Desires, Jeffrey H. Canja

Cleveland State Law Review

In Alden v. Maine the Supreme Court considered whether Congress, pursuant to its Article I powers, can subject a nonconsenting state to a private suit for damages in the state's own courts. Alternatively viewed, the question was whether a state has sovereign immunity which precludes such suits. The Supreme Court affirmed, holding that Article I of the Constitution does not grant Congress the power to subject a nonconsenting state to a private suit for damages in the state's own courts. The decision represents a direct extension of the federalism developed by the Court in Seminole Tribe of Florida v. Florida, …

Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad

Cleveland State Law Review

This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …

Examining Biases And Prejudices: Implications For Art Education, Shirley Hayes Yokley

Journal of Social Theory in Art Education

In this paper, I combine an overview of Elisabeth Young-Bruehl’s (1996) socio-psychological examination of group prejudices with a critical examination of artwork by Juan Sánchez to illustrate how issues-based studies of works of art help teachers and students examine and resist biases and prejudices that contribute to oppressive or hegemonic actions.

Notes Toward A Theory Of Dialogue, Grace Deniston-Trochta, Jane Vanderbosch, Ed Check

Journal of Social Theory in Art Education

Multiple dimensions of dialogue as pedagogical practice are examined in the following three essays. In the first piece, “When Life Imitates Art: Notes on the Nature of Dialogue,” poet and essayist Jane Vanderbosch reflects about the politics of silence and voice in graduate school. She analyzes how power and politics charge the atmosphere of the classroom. In “The Pedagogy of Dialogue: A Relation Between Means and End,“ Grace Deniston-Trochta focuses on self-examining the possibility of dialogue in a large “pit” classroom. She proposes teacher as listener/learner, a teacher who is self-reflective and respectful. In the final essay, “Managing the Silence …

Book Review: Fehr, D.E., Fehr, K. & Keifer-Boyd, K. (Eds.), (2000). Real-World Readings In Art Education: Things Your Professors Never Told You. Ny: Falmer Press., Dennis E. Fehr

Journal of Social Theory in Art Education

Book Review for Real-World Readings in Art Education: Things Your Professors Never Told You, D.E. Fehr, K. Fehr, and K. Keifer-Boyd (Editors), Falmer Press, New York, 2000.

Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman

The Journal of Appellate Practice and Process

A critical review of Bryan A. Garner’s text on legal writing.

The Response To Brecheen V. Reynolds: Oklahoma’S System For Evaluating Extra-Record Constitutional Claims In Death Penalty Cased, Jeremy B. Lowrey

The Journal of Appellate Practice and Process

This article attempts to define the “abuse of discretion” standard of review. The article begins by distinguishing the three types of appellate review. It then focuses on review of discretion. Articles written by Professors Maurice Rosenburg, Robert C. Post, and Judge Henery J. Friendly are next analyzed in order to further evaluate judicial discretionary decisionmaking. Caselaw is next used to discuss how courts have attempted to define and apply the abuse of discretion standard. Primary cases considered include Chevron U.S.A. v. Natural Resources Defense Council, Pierce v. Underwood, Cooter & Gell v. Hartmarx Corp., and Koon v. United States. Finally, …

Review Of Searching For Hawa's Secret, John Stephen Brantley

Faculty & Staff Research & Creative Activity

No abstract provided.

Der Grobe Lauschangriff: Germany Brings Home The War On Organized Crime, James J. Killean

UC Law SF International Law Review

The Lauschangriff is legislation formed by the German government that would allow German police to perform electronic surveillance on private homes. This legislation was formed to combat increased organized crime in Germany. The proposal of the Lauschangriff has caused a fierce debate. One side argues that the Lauschangriff is the only way to control organized crime, while the other protests the trampling of civil liberties.

This Article examines the general controversy surrounding the Lauschangriff and proposes ways of improving the result reached by Germany's parliament. The Article examines the causes and effects of organized crime in Germany as well as …

Preserving The Oneida Nation Culture, Brian Patterson

St. Thomas Law Review

The topic of this symposium - "Sacred Sites and Modem Lives" - is very timely. We often hear news about some building project that has unearthed an ancient village or burial ground. For every building project that is unearthed you also hear great debate about what to do about the building project, or what to do with the artifacts and the human remains. There exists a big struggle - on the one hand, the needs of society and science, and on the other hand, respect for places and things and people that came long before.

Human Rights Of Indigenous Peoples: Report Of The Seminar On The Draft Principles And Guidelines For The Protection Of The Heritage Of Indigenous People, Erica-Irene Daes

St. Thomas Law Review

1. By its resolution 1997/13, the Sub-Commission on the Promotion and Protection of Human Rights (formerly Sub-Commission on the Prevention of Discrimination and Protection of Minorities) requested the United Nations High Commissioner for Human Rights to convene, prior to the sixteenth session of the Working Group on Indigenous Populations and the fiftieth session of the Sub-Commission, a seminar on the draft principles and guidelines for the protection of the heritage of indigenous peoples elaborated by the Special Rapporteur, Mrs. Erica-Irene A. Daes, with her participation and the participation of representatives of Governments, United Nations bodies and organizations, specialized agencies, organizations …

Learning On The Halfshell, M. H. Duffey, C. Roberts

Journal of Mathematics and Science: Collaborative Explorations

No abstract provided.

Diversity Education For Pre-Service Science Teachers, D. R. Sterling

Journal of Mathematics and Science: Collaborative Explorations

No abstract provided.

A Case Study Of An Online Science Fair- The International Cyberscience Expo 2000 (Ice2000), B. Murfin

Journal of Mathematics and Science: Collaborative Explorations

The International CyberScience Expo 2000 is a project that promotes project-based, science learning by secondary students. The event was organized and held entirely online in a collaborative virtual learning environment called ScienceMOO. It was found that ScienceMOO had great advantages and disadvantages as a tool for organizing and staging synchronous online events involving large numbers of people. Scheduling of online, synchronous meetings between the students and judges was very challenging. However, when judges did manage to meet with students, many beneficial interactions resulted.

The Write Approach To Mathematics Or How I Found The Middle Way, R. H. Ring

Journal of Mathematics and Science: Collaborative Explorations

Revising a course is a multifaceted process. Often, reform efforts are focused on a particular aspect, that of inquiry-based collaborative learning. This article discusses the implementation of another aspect of the reform of a course for pre-service elementary teachers: the use of journals and writing exercises for evaluation and assessment. The evolution of this particular reform is traced, with emphasis on the reactions of students and faculty, the issues raised by these reactions, and the solution and resolution attained by the author is outlined.

The Fourth Amendment: Relaxing The Rule In Child Abuse Investigations, Jillian Grossman

Fordham Urban Law Journal

This Note considers the Fourth Amendment concerns raised by strip searches of children in child abuse investigations. The Note first describes the evolution of children's rights and identifies the interests of the child and parents in child abuse investigations. The Note then analyzes the two exceptions under which a nude search of a child's body may be conducted - consent and exigent circumstances, as well as the qualified immunity defense with respect to social workers and police officers. Finally, this Note concludes that a child should possess the authority to consent to a strip search in a child abuse investigation …

Forgiveness And Justice, Benjamin C. Zipursky

Fordham Urban Law Journal

A panel discussion of professors and audience members, discussing whether forgiveness has a place in the law and what that place is. Includes comments by panelists Benjamin C. Zipursky (moderator), Douglas B. Ammar, John Q. Barrett, Frederick W. Gay, David M. Lerman and Margaret Colgate Love, as well as comments and questions from audience members.

Forgiveness And The Law, Martha Minow

Fordham Urban Law Journal

A discussion of the role of forgiveness in the law, substituting forgiveness for the law, and whether or not the law can or should pursue higher moral ambitions

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.

Forgiveness In The Criminal Law, Ian S. Weinstein (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law, and the extent to which forgiveness should impact prosecutorial discretion. Includes a question and answer session with audience.

Forgiveness And The Criminal Law: Forgiveness Through Medicinal Punishment, Dennis M. Cariello

Fordham Urban Law Journal

This article discusses the role of forgiveness in criminal law, focusing specifically on the nature of forgiveness, how and when society should forgive wrongdoers, and the nature of punishment.

Languages And Postmodern Ethnic Identities, Livia Käthe Wittmann

Ethnic Studies Review

Specific discourses of our mother tongue (which is not always our mother's tongue) are supposed to decisively constitute our subjectivity. These discourses which are constituting us and are available to us offer possible identities. These identities carry ethno-culturally-specific meanings, which are symbolised within and by spoken, written, and non-verbal language/s. Are languages given the same relevance when giving meaning to postmodern ethnicity, if one understands postmodern ethnicity as a "stance of simultaneously transcending ethnicity as a complete, self-contained system but retaining it as a selectively preferred, evolving, participatory system?" Multilinguality, as it may correspond with aspects of postmodern ethnicity, seems …

The Inapplicability Of The Parol Evidence Rule To The United Nations Convention On Contracts For The International Sale Of Goods, Peter J. Calleo

Hofstra Law Review

No abstract provided.

Deconstructing The Framers' Right To Property: Liberty's Daughters And Economic Rights, Barbara Stark

Hofstra Law Review

Deconstruction is a method for exposing hidden assumptions, that which is taken for granted, unquestioned. This Article draws on this method first to explain how the right to property, as understood by the Framers, became the hidden, unquestioned assumption of the Bill of Rights. Second, this Article draws on deconstruction to "unpack" the right to property to reveal the lesser-subsumed economic rights it takes for granted. It argues that the right to property and economic rights are iterations of the same rights, from the perspectives of the "haves" and the "have-nots," respectively. Recent work by women's historians makes it possible …

Can Anyone Stop Big Brother? New York's Drunk Driving Laws Do Not Pass The Constitutional Test, Michael J. Langer

Hofstra Law Review

No abstract provided.

Standardized Tests: The Continuation Of Gender Bias In Higher Education, Andrea L. Silverstein

Hofstra Law Review

No abstract provided.

Gender Politics In Global Governance (Mary K. Meyer & Elisabeth Prügl Eds., 1999), Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …

Give Or Take An Acre: Property Norms And The Indian Land Consolidation Act, Katheleen Guzman

Faculty Articles

No abstract provided.

Influence Of Western Corn Rootworm (Coleoptera: Chrysomelidae) Larval Injury On Photosynthetic Rate And Vegetative Growth Of Different Types Of Maize, Mario A. Urías-López, Lance J. Meinke, Leon G. Higley, Fikru J. Haile

Department of Entomology: Faculty Publications

Two field experiments were conducted in 1995-1996 to determine if there are common photosynthetic and vegetative growth responses among genotypes of maize, Zea mays L., to larval western corn rootworm, Diabrotica virgifera virgifera LeConte injury. Specific variables measured from rootworm infested and noninfested plants were midday leaf photosynthetic rate, plant growth stage, and plant height during 9-18 leaf growth stages. Three yellow-dent hybrids, five white food-grade dent hybrids, and a popcorn hybrid were included in the study. Results suggest that there may be a common negative photosynthetic response within maize to larval injury during vegetative growth stages. Transient reductions in …