Digital Commons Network^™

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

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 …

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 …

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 …

Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Given that law is made by and for people, the relatively little attention lawyers, judges, and legal scholars have paid to human psychology is surprising. Too often, legal writers have either presupposed or borrowed impoverished conceptions of human nature, erecting legal theories for people presumptively possessed of the requisite nature, regardless of the psychology of the actual persons who make and live under the law. Even when they do attend to human nature, legal scholars tend to ignore the centrality of emotions, dispositions, fantasies, and wishes to human psychology. The articles in this Symposium are united by their authors' resistance …

"Journal Of The Branch Of The Church Of Christ In Pontiac,…1834": Hyrum Smith's Division Of Zion's Camp, Craig K. Manscill

BYU Studies

On April 21, 1834, Hyrum Smith and Lyman Wight set out from Kirtland, Ohio, for Pontiac, Michigan, to recruit volunteers for the march of Zion's Camp. Their objective was to lead their recruits on a six-hundred-mile march to a prearranged rendezvous with Joseph Smith's Kirtland division in Missouri. Typically, scholarly treatments of the march of Zion's Camp have focused on the accounts of the Kirtland, Ohio, legion while overlooking the Hyrum Smith-Lyman Wight division of Zion's Camp. Yet Hyrum's group, when compared with Joseph's command, demonstrated a similarly significant commitment to addressing the needs of their fellow Saints in Missouri. …

In Memoriam, Arnold N. Bodtker

The Bridge

No abstract provided.

2000 Cornerstone, Northwestern College, Iowa

Yearbooks

No abstract provided.

Reasons Within Passions: Emotions And Intentions In Property Rights Bargaining, Peter H. Huang

Publications

This article discusses the role of emotions (or feelings or affects) in property rights bargaining. Real world people choose bargaining strategies based upon not only rational calculations, but also their gut feelings. This article considers the impact of anger and shame on bargaining over property rights and the Coase theorem. Such emotions may depend on beliefs (expectations or assessments) about whether particular strategic decisions should or will occur. Such beliefs can be viewed as attributions over the intentions of others.

A Case Study In The Intersection Of Law And Science: The 1999 Report Of The Committee Of Scientists, Charles F. Wilkinson

Publications

No abstract provided.

Left Over Rights, Daria Roithmayr

Publications

This Essay focuses on Duncan Kennedy's argument for a "post-rights" position, in the wake of the earlier critical legal studies critique of rights and the ensuing response by Critical Race Theorists. I argue that, notwithstanding Kennedy's loss of faith in rights discourse, rights talk might still be pragmatically useful for communities of color to operate strategically within the accepted legal framework, or to subvert that framework in order to advance particular political commitments for particular communities of color at particular moments in history.

Book Review Of But For Birmingham: The Local And National Movements In The Civil Rights Struggle, Davison M. Douglas

Faculty Publications

No abstract provided.

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.

An Approach To Community University Partnerships: Discoveries On The Road To America's Promise, Nancie Teresa Biver

Partnerships/Community

This paper is a journey that explores the complexity and optimism of community/higher education partnerships to support youth. It provides an analysis of the dynamics and history of power and racism. It raises critical questions regarding the role and approach of higher education and America’s Promise, the national alliance for youth. Ultimately, it offers an opportunity to view our communities differently and engage in a process that provides the potential for authentic democratic solution generating, inclusive of the grassroots voice.

This work seeks to enhance the process and intellectual thought supporting the higher education initiative within America’s Promise and community/higher …

Service Learning Is The Great Connector, Jane Angelis

Service Learning, General

It isn't a coincidence that older people are flocking to learn about computers, the Internet, and E-mail. It's a part of the service-learning movement that has caught America's imagination. Why are older people, technology and service learning such natural partners? Ask a middle-school student who is teaching a computer class to older people. "Some senior citizens are afraid of computers in the beginning," he says, "But we know how to make them more comfortable." That confidence is the hallmark of service-learning programs across the country involving elementary, middle school, high school, and college campuses. William Butler Yeats wrote that ':Education …

A New Model Of Connected Learning, Justine K. Brown

Service Learning, General

Dennis Littky and Elliot Washor always dreamed of building a new type of high school. Throughout his many years in public education as a teacher and administrator, Washor felt that high schools were failing to meet the true needs of students, their families and the community as a whole. Littky imagined building a school that approached learning in a new way, making it a true hands-on experience and involving more than just students and teachers in the process.

Renaissance 2000, University Of Rhode Island

URI Yearbooks

This is a digitized, downloadable version of the University of Rhode Island yearbook.

Custom, Tribal Court Practice, And Popular Justice, Elizabeth E. Joh

American Indian Law Review

No abstract provided.

Hindu Occidentalism, Tinu Ruparell

Journal of Hindu-Christian Studies

On a research trip through India one of my goals was to talk to Hindu scholars about their views of Christianity and in particular Hindu-Christian dialogue. Though I visited numerous Universities, Colleges, and maths, I found very few Hindus who took any interest at all in the doctrinal conversation between religions then characteristic of interreligious dialogue. Time and again I was told by these distinguished and erudite academics that they were not interested in Hindu-Christian dialogue. While this may have been due to a failure on my part to ask the right sorts of questions, or simply my bad …

Dorothea Lange In Utah, 1936-1938: A Portrait Of Utah's Great Depression, James R. Swensen

Theses and Dissertations

In his 1978 biography of Dorothea Lange, Milton Meltzer appraised Lange's 1936 photography in Utah as nothing more than mundane work done for the benefit of the Farm Security Administration (FSA) and not for her own benefit as a photographer. Yet, her work in Utah encapsulates the aspirations, goals, and styles of Lange, and gives insight into her vision as a photographer and representative of the New Deal. Through carefully composed photographs, Lange shows the hardships and hope of life in Utah during the Great Depression.

This thesis investigates Lange's photographs in order to gain a greater understanding of the …

The Millenium Survey, John B. Davis

Economics Faculty Research and Publications

Pryor’s Millennium Survey results need to be understood in the context of economists’ different economic models appropriate to different institutional frameworks. These variable/institutional framework subsystems in turn may be distinguished according to whether the variables involved exhibit considerable deviation from trend and whether significant institutional change is anticipated. One such subsystem, involving globalization, financial volatility, and income inequality, seems to be relatively independent of a subsystem made up of the domestic economy as a whole.

Community Communication: Exploring The "Rhythm" Of Togetherness, Jolane Flanigan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Psychological Aspects Of Native Children In A Blackfeet Language And Culture Program: The Immersion Paradigm, Billie Jo Kipp

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Make It Simple: Encouraging Recycling And Waste Reduction Behavior In An Apartment Complex, Alexandra G. Gorman

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Why Should The Prosecutor Get The Last Word?, John B. Mitchell

Faculty Articles

This article examines reasons the prosecutor should make the closing arguments in the United States. It also examines the importance of closing arguments; the advantages of going first and the scientific bases of primacy; and the advantages of rebuttal.

Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller

Faculty Articles

This introduction examines the four articles in this cluster on LatCrit praxis. The four articles can be seen as case studies that explore different aspects of LatCrit praxis. Pedro Malavet examines the role literature and the arts can play as a form of antisubordinationist practice. Nicholas Gunia focuses on Jamaican music as a particular site of antisubordinationist practice, showing us that resistance comes in many forms and that LatCrit practitioners must have a broad theory for social change that is not limited to legislatures, courtrooms, classrooms, and law reviews. Alfredo Mirande Gonzalez employs personal narrative to tell us how he …

Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur

Faculty Articles

Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power …

Foreword: The Many Passions Of Teaching Corporations, Charles O'Kelley

Faculty Articles

Teachers of Corporations share a passion for their subject and consider this first course in the business law curriculum to have fundamental importance for all law-trained professionals. Seemingly, however, we agree on little else, including the substantive focus of the course, the nature of the course materials, and the insights that teachers should convey. In fact, Corporations differs dramatically from school to school. Some teachers focus substantial attention on unincorporated business associations, while others cover only corporation law. Some who teach exclusively about the corporation emphasize closely held firms, while others highlight the law related to publicly traded entities. Likewise, …

A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon

Faculty Articles

The articles in this Symposium tribute to Judge A. Leon Higginbotham Jr. emphasize his mentoring as well as his message. This demonstrates that one of the Judge's most important legacies was his "people legacy"—his continual training of the next generation of leaders in ways that would keep alive the more than four-hundred-year-long struggle of American racial justice. The Judge also had a distinct vison of American law, the vision of "we the people” of self-evident truths that "all men are created equal." His second vision was that of "we the people of color," the one that is symbolized by the …

Family Leave And The Gender Wage Gap, Michael Selmi

GW Law Faculty Publications & Other Works

In this article, I argue that the key to achieving greater gender equality in the workplace is finding a way to change the behavior of men with respect to the care of children. Until now, most suggestions have focused on changing the behavior of women or employers, but women continue to face significant disadvantages in the workplace despite substantial changes in their labor force behavior. In the first part of the article, I analyze the latest data and conclude that the gender pay gap reflects both women's actual labor market behavior, which still differs from men's, and employers' exaggerated responses …