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2000

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Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar Jan 2000

Forgiveness And The Law - A Redemptive Opportunity, Douglas B. Ammar

Fordham Urban Law Journal

A discussion of the role of forgiveness in criminal law. The author relates the approach of the Georgia Justice Project, a nonprofit organization whose mission is to provide justice to indigent criminal defendants and help them become productive citizens.

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Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

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Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy Jan 2000

Forgiveness, Reconciliation And Responding To Evil: A Philosophical Overview, Jeffrie G. Murphy

Fordham Urban Law Journal

A discussion of the nature of forgiveness and its place in the law. This keynote address touches on the nature of forgiveness, dangers of hasty forgiveness, forgiveness as a virtue, forgiveness and Christianity

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Forgiveness And The Law, Martha Minow Jan 2000

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

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Welcoming Remarks, John Ferrick Jan 2000

Welcoming Remarks, John Ferrick

Fordham Urban Law Journal

Opening remarks of Dean John Ferrick at the Ninth Annual Stein Center Symposium on the Role of Forgiveness in the Law.

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Forgiveness In The Civil Law, Jacqueline Nolan-Haley Jan 2000

Forgiveness In The Civil Law, Jacqueline Nolan-Haley

Fordham Urban Law Journal

A discussion of the role of forgiveness in civil law, specifically relating to bankruptcy. Includes an audience question-and-answer session.

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Forgiveness And International Amnesty, Martin S. Flaherty (Moderator) Jan 2000

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.

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Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine Jan 2000

Teshuva: A Look At Repentance, Forgiveness And Atonement In Jewish Law And Philosophy And American Legal Thought, Samuel J. Levine

Fordham Urban Law Journal

A discussion of the Jewish concept of "Teshuva," which provides the possibility of atonement for wrongdoings. The article explores the process of "Teshuva" in depth and describes its relationship and significance to modern criminal law.

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Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson Jan 2000

Stopping Hate Without Stifling Speech: Re-Examining The Merits Of Hate Speech Codes On University Campuses, Catherine B. Johnson

Fordham Urban Law Journal

This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the …

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Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli Jan 2000

Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli

Fordham Urban Law Journal

This Note explores the debate between colorblindness and race consciousness while arguing that the multidistrict integration remedy called for by Sheff v. O'Neill does not directly address the true injury faced by minority students: inferior education. It examines the facts and background on the Sheff decision as well as other Connecticut cases involving school funding. Colorblind and race conscious theory is outlined as well as how each theory interacts with education. The Note concludes by explaining how integrationalists are missing the solution to the educational problems faced by minority students and how the true solution to them are not backward-looking, …

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From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy Jan 2000

From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy

Fordham Urban Law Journal

The article begins by exploring America's current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia's opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then …

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Is Our Drug Policy Effective, Jefferson M. Fish Jan 2000

Is Our Drug Policy Effective, Jefferson M. Fish

Fordham Urban Law Journal

The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …

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Extra! Extra! Read All About It: What A Plaintiff "Knows Or Should Know" Based On Officials' Statements And Media Coverage Of Police Misconduct For Notice Of A § 1983 Municipal Liability Claim, Jenny Rivera Jan 2000

Extra! Extra! Read All About It: What A Plaintiff "Knows Or Should Know" Based On Officials' Statements And Media Coverage Of Police Misconduct For Notice Of A § 1983 Municipal Liability Claim, Jenny Rivera

Fordham Urban Law Journal

The article argues that the Second Circuit's recent decisions in Clinton v. City of New York and Monzon v. City of New York reduce the effectiveness of a §1983 claim against a municipality. The article highlights that the element of subjectivity required to determine the accrual period of a §1983 claim restricts the utility of the claim because it adopts a cultural standard at odds with a racialized societal reality. The author discusses whether consideration of plaintiffs' testimony, statements of state and local police officials, and media coverage of municipal and state employee actions should factor into determining the accrual …

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Official Knowledge And The Relations Of Ruling, Peter R. Grahame, Kamini Maraj Grahame Jan 2000

Official Knowledge And The Relations Of Ruling, Peter R. Grahame, Kamini Maraj Grahame

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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About The Contributors, Journal Staff Jan 2000

About The Contributors, Journal Staff

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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Review Of Negotiating Identities: Education For Empowerment In A Diverse Society By Jim Cummins And Borderlands: La Frontera By Gloria Anzaldua, Carol Bearse Jan 2000

Review Of Negotiating Identities: Education For Empowerment In A Diverse Society By Jim Cummins And Borderlands: La Frontera By Gloria Anzaldua, Carol Bearse

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

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A Qualitative Evaluation Of Teaming, Problem -Solving, And Technology -Utilization Skills Of Students In The Integrated First-Year Curriculum In Science, Engineering, And Mathematics, Jean Kathryn Sando Jan 2000

A Qualitative Evaluation Of Teaming, Problem -Solving, And Technology -Utilization Skills Of Students In The Integrated First-Year Curriculum In Science, Engineering, And Mathematics, Jean Kathryn Sando

All-Inclusive List of Electronic Theses and Dissertations

In 1993, Rose-Hulman Institute of Technology became a member of the Foundation Coalition, one of six EngineeringEducation Coalitions sponsored by grants from the National Science Foundation. Experimental curricula were created, including the Integrated First Year Curriculum in Science, Engineering, and Mathematics (IFYCSEM) and the Sophomore Engineering Program (SEC). In this study, students who completed one or more of the Foundation Coalition curricula were placed in four-member teams and comparatively evaluated using qualitative research techniques for their abilities to work in teams, to solve complex, open-ended problems and to utilize technology. This study evaluated the outcomes for the students at Rose-Hulman …

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Aboriginal Title As A Constitutionally Protected Property Right, Kent Mcneil Jan 2000

Aboriginal Title As A Constitutionally Protected Property Right, Kent Mcneil

Articles & Book Chapters

No abstract provided.

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Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil Jan 2000

Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil

Articles & Book Chapters

No abstract provided.

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The Nature Of Aboriginal Title, Brian Slattery Jan 2000

The Nature Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

The concept of Aboriginal title is an autonomous concept of Canadian common law that bridges the gulf between Indigenous land systems and imported European land systems. It does not stem from Indigenous customary law, English common law or French civil law. It coordinates the interaction between these systems without forming part of them. In effect, it is a form of inter-societal common law.

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International Dispute Resolution In The 21st Century: The Role Of National Courts, Janet Walker Jan 2000

International Dispute Resolution In The 21st Century: The Role Of National Courts, Janet Walker

Articles & Book Chapters

This article considers the role that might be played by national courts in facilitating dispute resolution for small businesses in a globalized economy.

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Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker Jan 2000

Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker

Articles & Book Chapters

The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?

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Class Action Accountability: Reconciling Exit, Voice, And Loyalty In Representative Litigation, John C. Coffee Jr. Jan 2000

Class Action Accountability: Reconciling Exit, Voice, And Loyalty In Representative Litigation, John C. Coffee Jr.

Faculty Scholarship

In two recent and highly technical decisions – Amchem Products v. Windsor and Ortiz v. Fibreboard Corp. – the Supreme Court has recognized that a serious potential for collusion exists in class actions and has outlined a concept of "class cohesion" as the rationale that legitimizes representative litigation. Although agreeing that a legitimacy principle is needed, Professor Coffee doubts that "class cohesion" can bear that weight, either as a normative theory of representation or as an economic solution for the agency cost and collective action problems that arise in representative litigation. He warns that an expansive interpretation of "class cohesion" …

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Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt Jan 2000

Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt

Faculty Scholarship

In 1947, this Review published two lectures on statutory interpretation by Jerome Frank and Felix Frankfurter. Both jurists were concerned with a basic question: How constrained are judges when they interpret legislation? The answers each gives, while similar in some respects, differ strikingly. In arguing that interpretation necessarily involves a creative element, Frank analogizes the role of a judge in interpreting legislation to that of a performer in interpreting a musical composition. Although he argues that judicial creativity is constrained, Frank views statutory interpretation as "a kind of legislation." For Frankfurter, by contrast, in construing a statute, a judge is …

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Introduction, Azizah Y. Al-Hibri Jan 2000

Introduction, Azizah Y. Al-Hibri

Law Faculty Publications

Putting this issue together was more difficult than we initially expected. Translating and editing jurisprudential articles that fuse law with philosophy and religion requires very advanced skills and is very demanding. Despite all our collective efforts to meet these challenges we are likely to have missed some errors. We are fortunate that everyone who participated in this project was ready to do their best, and thank everyone, particularly our authors, for their commitment and perseverance. Needless to say, the articles in this issue represent the views of their authors and do not reflect views of the Journal itself. The Journal …

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Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan Jan 2000

Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan

Faculty Publications

No abstract provided.

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Statutory Interpretation: Four Theories In Disarray, J. Clark Kelso, Charles D. Kelso Jan 2000

Statutory Interpretation: Four Theories In Disarray, J. Clark Kelso, Charles D. Kelso

SMU Law Review

No abstract provided.

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The Muzak Of Justice Scalia's Revolutionary Call To Read Unclear Statutes Narrowly, Abner J. Mikva, Eric Lane Jan 2000

The Muzak Of Justice Scalia's Revolutionary Call To Read Unclear Statutes Narrowly, Abner J. Mikva, Eric Lane

SMU Law Review

No abstract provided.

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The New Banking Legislation: The Financial Modernization For The Twenty-First Century, Phil Gramm Jan 2000

The New Banking Legislation: The Financial Modernization For The Twenty-First Century, Phil Gramm

SMU Law Review

No abstract provided.

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The Wolf At The Campfire: Understanding Confidential Relationships, Roy Ryden Anderson Jan 2000

The Wolf At The Campfire: Understanding Confidential Relationships, Roy Ryden Anderson

SMU Law Review

No abstract provided.

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