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2000

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Articles 12901 - 12930 of 13724

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Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson Jan 2000

Can’T Get No Satisfaction: Securing Water For Federal And Tribal Lands In The West, Reed D. Benson

Faculty Scholarship

In recent years, the western states have often struggled with the federal government over control and management of natural resources, particularly water. For its part, federal law defers to states in many matters of water resource allocation.


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Jan 2000

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Faculty Publications

No abstract provided.


The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades Jan 2000

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.


Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson Jan 2000

Assessing The Practicality And Constitutionality Of Alaska's Split-Recovery Punitive Damages Statute, Scott Dodson

Faculty Publications

In 1997, Alaska responded to its reputation for unusually high punitive awardsby amending its punitive damages statuteto require that 50% of any punitive damages award be deposited into the general fund of the state.Such “split-recovery” statutes attempt to reduce some of the plaintiff's windfall by allocating part of the punitive award to the state.Although the plaintiff shares in the award to compensate her for bringing the punitive claim in the first place,the state receives the balance to use for the public benefit.This Note evaluates the practicality and constitutionality of Alaska’s split- recovery statute. Part I reviews the nature and purpose …


On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs Jan 2000

On Children And Dual Nationality: Sabet And The Islamic Republic Of Iran, Nancy Amoury Combs

Faculty Publications

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of 'the caveat,' an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those …


Development And Implementation Of The C-Print Speech-To-Text Support Service, Michael Stinson, Barbara Mckee, Lisa Elliot Jan 2000

Development And Implementation Of The C-Print Speech-To-Text Support Service, Michael Stinson, Barbara Mckee, Lisa Elliot

Articles

In this chapter we provide an overview of the growth of this system from an idea to a system that hundreds of deaf and hard of hearing students depend on everyday for communication access and learning. This chapter addresses the following questions regarding the development and implementation of C-Print. Why is there a need for the system? How does C-Print work? What have been the phases in creating the current system? What is the research evidence regarding its effectiveness and limitations? How might the system change in the future as new technologies emerge?


The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown Jan 2000

The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown

Dalhousie Journal of Legal Studies

Several prominent legal academics in Canada, notably W.P.M. Kennedy, E. Russell Hopkins, J.A. Corry, John P. Humphrey, John Willis, and Jacob Finkelman, argued that the modem Canadian state required the use of government tribunals and boards as a method of implementing policy. As we shall see, the arguments of these authors reflected an important shift in how Canadian legal professionals thought about the law. This article will explore the shifting attitudes within the Canadian legal academy about administrative law between 1930 and 1941. This article will also explore why this change in attitudes occurred, and whether these academics affected the …


Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman Jan 2000

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …


The Collusion Of Law And Science In The Piracy Of Human Genes, Tina Piper Jan 2000

The Collusion Of Law And Science In The Piracy Of Human Genes, Tina Piper

Dalhousie Journal of Legal Studies

Advances in biotechnology over the last decade have created a demand for biological resources by transnational corporations. The search for biological resources has primarily focused on acquiring these resources from indigenous communities and countries of the South. However, the means by which these biological resources are obtained is exploitative and often tantamount to theft (or, as it is commonly known, biopiracy). As a result of communities attempting to prevent this theft and corporations seeking more international legitimacy for their "bioprospecting", "bioprospecting contracts" are more frequently being concluded between governments and corporations. Through the prism of current events in Iceland, I …


Duty To Rescue Through The Lens Of Multiple-Party Sexual Assault, Renu Mandhane Jan 2000

Duty To Rescue Through The Lens Of Multiple-Party Sexual Assault, Renu Mandhane

Dalhousie Journal of Legal Studies

The lack of culpability for bystanders fails to capture the reality of the situation for sexual assault victims. It is probable that the presence of bystanders causes further psychological harm to the victim. Yet, the law allows bystanders to watch as a woman is dehumanized free from any obligation to help the victim. The lack of culpability for voyeurs is morally reprehensible and suggests that traditional sexual assault analysis is inadequate for dealing with cases of multiple-party sexual assault. It is submitted that reform within the Criminal Code is necessary to ensure culpability for such morally repugnant acts. One solution …


The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown Jan 2000

The Canadian Legal Realists And Administrative Law Scholarship, 1930-1941, R. Blake Brown

Dalhousie Journal of Legal Studies

Several prominent legal academics in Canada, notably W.P.M. Kennedy, E. Russell Hopkins, J.A. Corry, John P. Humphrey, John Willis, and Jacob Finkelman, argued that the modem Canadian state required the use of government tribunals and boards as a method of implementing policy. As we shall see, the arguments of these authors reflected an important shift in how Canadian legal professionals thought about the law. This article will explore the shifting attitudes within the Canadian legal academy about administrative law between 1930 and 1941. This article will also explore why this change in attitudes occurred, and whether these academics affected the …


Much To Do About Something: Destabilizing Law's Support Of Dominant Ideologies In The Context Of Lesbian Mother Custody Claims In Canada, Natasha Kim Jan 2000

Much To Do About Something: Destabilizing Law's Support Of Dominant Ideologies In The Context Of Lesbian Mother Custody Claims In Canada, Natasha Kim

Dalhousie Journal of Legal Studies

This article surveys a very specific legal context: the claims of mothers, who are lesbians, in custody disputes over their children, with their heterosexual ex-spouses, in Canadian courts. The author examines the developments in judgments surrounding custody involving a lesbian mother over the past two and a half decades, focusing on the line of reasoning within the judgments rather than the substantive results (that is, to whom custody is granted). The end result will be an attempt to better understand the interaction between law as a discourse and the dominant ideologies of familialism, motherhood, and heteronormativity. In Part Two, the …


Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman Jan 2000

Negotiating Gender: A Comparison Of Rape Laws In Canada, Finland, And Pakistan, Danette C. Cashman

Dalhousie Journal of Legal Studies

In this paper, I analyze and compare the definition of rape in three different legal and sexual cultures: Finland, Pakistan, and Canada. Ultimately, it is an attempt to release the current feminist discourse from the straightjacket of theoretical essentialism. In many ways, this work represents three separate undertakings, which are themselves self- contained and self-defining. The common thread that links them, however, is the way in which the law of rape serves as a site of gender negotiation. In each case, the way in which the question of rape is framed, understood, and negotiated is a product of the legal …


Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock Jan 2000

Should Lucas V. South Carolina Coastal Council Protect Where The Wild Things Are? Of Beavers, Bob-O-Links, And Other Things That Go Bump In The Night, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which the Court used the Just Compensation Clause as a "weapon of reaction" to strike down an offending land use restriction. In Lucas, the target of the Court's animus was a state law prohibiting a landowner from developing two beachfront lots. The South Carolina Supreme Court upheld the law as a legitimate exercise of the State's police power to protect the public from harm in the face of a takings challenge by the landowner. The U.S. Supreme Court rejected the South Carolina court's talismatic …


The Perils Of Globalization And The World Trading System, John H. Jackson Jan 2000

The Perils Of Globalization And The World Trading System, John H. Jackson

Georgetown Law Faculty Publications and Other Works

The post-World War II world trading system is now more than fifty years old, and not surprisingly, it has evolved through a number of different stages of development and survived a series of perils. Recently, however, the perils seem even greater than before. The failure of the Seattle Ministerial Meeting of November-December 1999 focused the attention of the international community, almost like a prospective execution focusing the attention of the targeted person. A number of different factors have contributed to this perilous situation, and in this brief Essay, I want to look particularly at some of the institutional characteristics of …


Preparing For Japan| A Practical Guide For Navigating The Web Of Culture, Communication And History, Matthew A. Taylor Jan 2000

Preparing For Japan| A Practical Guide For Navigating The Web Of Culture, Communication And History, Matthew A. Taylor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Sacred Language, Sacred Land| Journeys In And Around The Black Hills, Terry Ryan Jan 2000

Sacred Language, Sacred Land| Journeys In And Around The Black Hills, Terry Ryan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Shelterbelt| A Novel Excerpt, Colleen O'Brien Jan 2000

Shelterbelt| A Novel Excerpt, Colleen O'Brien

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Montana Story Tour, The Story Of Our Town| Developed And Sponsored By The Montana Repertory Theatre Company, A Professional Equity Theatre Company In Residence At The University Of Montana-Missoula, Department Of Drama/Dance, Michael A. Johnson Jan 2000

Montana Story Tour, The Story Of Our Town| Developed And Sponsored By The Montana Repertory Theatre Company, A Professional Equity Theatre Company In Residence At The University Of Montana-Missoula, Department Of Drama/Dance, Michael A. Johnson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Animal Luggage| [Poems], Tammie Slater Smith Jan 2000

Animal Luggage| [Poems], Tammie Slater Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Don't Get Lost In Translation: Teaching Law Students To Work With Language Interpreters, Angela Mccaffrey Jan 2000

Don't Get Lost In Translation: Teaching Law Students To Work With Language Interpreters, Angela Mccaffrey

Clinical Law Review

The General Practice Clinic at Hamline University School of Law was established in 1985. It was designed to provide civil legal services to low income persons, including persons who are relative newcomers to Minnesota, as a result of being refugees from their homelands. Over the years the students have assisted clients with family law matters, supplemental security insurance hearings, consumer cases, reemployment insurance hearings and immigration cases, particularly related to family reunification. As a result of client priorities and the availability of other resources in the community, the largest area of client need has been in the immigration area. Of …


Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott Jan 2000

Additional Thoughts On Romanian Clinical Legal Education: A Comment On Uphoff's "Confessions Of A Clinician Educator", Kandis Scott

Clinical Law Review

In his essay "Why In-House Live Client Clinics Won't Work in Romania: Confessions of a Clinician Educator," Professor Rodney Uphoff relates that he went to Romania with the notion of "practicing and modeling what we preach" in the United States, but he discovered that this model does not fit the Romanian system and available resources. Professor Uphoff's critique of the feasibility of superimposing American solutions onto Romanian problems evidences a fundamental respect for other cultures and their right to self-determination. His essay reminds us to look afresh at clinical curriculum and methods in the United States as well as abroad. …


Passion, Context, And Lawyering Skills: Choosing Among Simulated And Real Clinical Experiences, Deborah Maranville Jan 2000

Passion, Context, And Lawyering Skills: Choosing Among Simulated And Real Clinical Experiences, Deborah Maranville

Clinical Law Review

In this article I argue that the common topology, which divides "clinical" courses into simulation courses, "live"client clinics, and "externships," has become more misleading than helpful, masking both differences within categories and similarities among them. In order to take the next steps in transforming the law school curriculum we should abandon this typology and focus instead on three primary achievements of "clinical" methodologies: - generating passion in our students, - providing context for their learning, - teaching lawyering skills.


Social Justice Collaboratives: Multidisciplinary Practices For People, Louise G. Trubek, Jennifer J. Farnham Jan 2000

Social Justice Collaboratives: Multidisciplinary Practices For People, Louise G. Trubek, Jennifer J. Farnham

Clinical Law Review

Multidisciplinary practices (MDPs) are a big item in legal news. State and national professional associations as well as scholars are preoccupied with the challenges to traditional legal practice. The push to revise legal institutions to allow expansion of lawyer-nonlawyer practices stems from the rapid growth and importance of large business consultancies. MDPs, however, are also an important development in reenvisioning legal practice for low and moderate income people. We are in a period of experimentation on how to provide assistance to people in dealing with law and legal institutions. There is a flowering of academic writing, conferences, and practitioner accounts …


Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter Jan 2000

Escaping The Expression-Equality Conundrum: Toward Anti-Orthodoxy And Inclusion, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

In this article, Professor Hunter questions the naturalness and inevitability of the dichotomy in constitutional law between freedom of expression and the right to equality. She places the origin of this doctrinal divergence in the history of American social protest movements in the first half of the twentieth century, which began with ideologically-based claims and shifted to a primary emphasis on identity-based equality claims. During the interim period between World War I and World War I, the wave of seminal First Amendment cases was ebbing and the wave of equality claims was beginning to swell. Close examination of the constitutional …


The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig Jan 2000

The Civil Jury In America: Improving The Jury's Understanding Of A Case, Jay E. Grenig

Faculty Publications

No abstract provided.


Persistence Differences In Community College Courses Taught In Classrooms And Through Alternative Formats, Andrew A. Runyan Jan 2000

Persistence Differences In Community College Courses Taught In Classrooms And Through Alternative Formats, Andrew A. Runyan

CCAC Theses and Dissertations

While distance education programs continue to expand, the occurrence of higher dropout rates in those programs as compared to the same courses offered in lecture/lab settings remains a point of contention between supporters and detractors of non-traditional forms of education. This study used a foundation of research on dropout in higher education as the basis for an investigation of dropout rates in non-traditional forms of instruction in a community college setting. Course delivery formats studied included videotape-based courses, Internet-based courses, and courses offered in a self-paced laboratory environment. For each of these formats, the same course, offered in a lecture/lab …


Cross-Border Insider Trading, Donald C. Langevoort Jan 2000

Cross-Border Insider Trading, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

Currently, there is no formal SEC policy on when U.S. insider trading rules (or indeed Rule l0b-5 generally) will be applied extraterritorially. If one can glean anything from SEC action during the last twenty years, it is that the trading site - the use of U.S. market mechanisms - that counts most. Certainly, neither the trader nor the issuer need be U.S.-based. What I wish to do in this paper is articulate what I think is sensible enforcement policy for a nation - whether the U.S. or any other - to adopt. By this, I do not want to focus …


Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus Jan 2000

Restoring What’S Environmental About Environmental Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Richard Lazarus examines the votes of the individual Justices who have decided environmental law cases before the United States Supreme Court during the past three decades. The Article reports on a number of interesting statistics regarding the identity of those Justices who have most influenced the Court's environmental law jurisprudence and the sometimes curious patterns in voting exhibited by individual Justices. Lazarus's thesis is that the Supreme Court's apparent apathy or even antipathy towards environmental law during that time results from the Justices' failure to appreciate environmental law as a distinct area of law. The Justices …


Thinking About The Constitution At The Cusp, Mark V. Tushnet Jan 2000

Thinking About The Constitution At The Cusp, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

What do I mean in saying that we need to think about the Constitution "at the cusp?" I have in mind an image in which we have one way of thinking about the Constitution on one side of a line, and another way of thinking about the Constitution on the other. My sense is that we may have crossed such a line quite recently. I believe that we may be in a new constitutional order, different from the New Deal-Great Society constitutional order that existed from 1937 to sometime in the 1980s. If so, those of us who have been …