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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.

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 …

So What? The Individual Right To The Ownership Of Firearms Under The Ninth Amendment, Robert E. Bodine

Chicago-Kent Law Review

This Note argues that the Second Amendment to the United States Constitution fails to resolve the debate over the existence of a fundamental, individual right to keep and bear arms because the Ninth Amendment is in fact the proper source for that right. This Note performs a historical analysis of the creation of the Constitution, reviews the little Supreme Court precedent regarding the right, and then demonstrates how the Supreme Court has applied the Ninth Amendment in cases dealing with other issues. Bodine concludes that applying the Ninth Amendment in that same manner necessarily leads to an inference of a …

Pages, Volume 8, No. 3, December 2000, Frank Oldfield, Keith Alverson

PAGES

Contents: Ecosystem Processes and Past Human Impacts -- Past Variability and Future Management -- Past Human Impacts -- Historical Ecology -- Program News -- LUCIFS -- LIMPACS -- HITE -- Workshop Reports -- Technical Reports -- Last Page

Uis Bulletin, Volume 46, No. 1/2, 2000, Pavel Bosák

UIS Bulletin

Contents: Welcome to the 13th International Congress of Speleology in Brasilia D.F., Brazil, July 2001 -- Errata and Changes -- News from Member-Countries -- New Caving Contacts -- From Commissions and Working Groups -- Fédération Spéléologique de la Communauté Européenne -- World Inventory of Caving Organizations -- The New IGCP Project No. 448 -- Addresses of Web Pages -- Book Reviews -- New Books Available -- Obituaries -- Note of Editor -- Speleological Events in 2001

Volume 20, Number 4, December 2000 Olac Newsletter, Kay G. Johnson, Mary Konkel, Barbara Vaughan, Nancy B. Olson

OLAC Newsletters

Digitized December 2000 issue of the OLAC Newsletter.

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 …

The New Deal At Work, Peter Cappelli

Chicago-Kent Law Review

The traditional employment system with secure, lifetime jobs offering predictable advancement and stable pay has given way to a new, more open-ended arrangement that is continually being negotiated between employer and employee. Evidence is presented both about the factors driving this new relationship and the subsequent changes in labor market outcomes. Tighter labor markets have, perhaps temporarily, shifted power from employers to employees, leading to new problems for employers and fundamental challenges to traditional models for management. These developments also raise new challenges for society and in particular to the long-standing interest in protecting employees from some of the destructive …

8 Miles And A Couple Of Antiparticles To Bridgewater State College, Edward Deveney

Bridgewater Review

No abstract provided.

Acknowledgements, The Mcnair Team

McNair Scholars Research Journal

No abstract provided.

Place Attachment Vs. Place Alienation: The Impact Of Design On Student Satisfaction With A Metropolitan University Campus Environment, Shirley Mathews

McNair Scholars Research Journal

No abstract provided.

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

McNair Scholars Research Journal

No abstract provided.

Domestic Violence: How African-American Women Cope And Survive, Julie B. Williams

McNair Scholars Research Journal

No abstract provided.

Describing Postpartum: Adolescents' Experiences With Postpartum Depression, Breastfeeding, And Birth Control, Jennifer E. Fitzgerald

McNair Scholars Research Journal

No abstract provided.

Sedation Analgesia For Out Patient Lithotripsy, Olfat Ismail, Khaled Sheir

Mansoura Medical Journal

This study was conducted on 40 ASA physical status I-11 outpatients who were scheduled for unilateral ESWL to evaluate the safety and effi­cacy of ketamine versus fentanyl when infused in combination with mid-azolam for sedation and analgesia. Patients were randomly allocated into two equal groups according to the study drug used ketamine group and fentanyl group. Midazolam 1-3 mg was given to all patients IV to relieve anxiety. Heart rate, systolic and dia-stolic blood pressure, respiratory rate and oxygen saturation were recorded every 5 min during ESWL procedure. Involuntary movements, respiratory upsets, episodes of desaturation, nausea / vomiting and complaints …

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 …

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.

Comment: The Disclosure Of Politically Sensitive Species' Location Information Under The Freedom Of Information Act: On Whether Audubon Society's "Puzzling Situation" Should Be Addressed By Legislation, Keith T. Tashima

Brooklyn Law Review

No abstract provided.

The Brooklyn Museum Controversy And The Issue Of Government-Funded Expression, Arthur N. Eisenberg

Brooklyn Law Review

No abstract provided.

Gis-Based Decision Support For Drained Wetland Resoration In The Eel River Watershed Of N. E. Indiana, Xiangheng Yang

All-Inclusive List of Electronic Theses and Dissertations

The objective of this research is to develop cost-effect and accurate methods to identify optimal restorable drained wetland cropland sites. Landsat Thematic Mapper (TM) data analysis was used to identify the potential cropland candidate sites in the initial step. The result of digital TM data analysis shows that the overall classification accuracy in identifying classes of potential restoration candidate hydric soils is 86.7%. This accuracy shows that the TM data digital analysis is a cost-effective method for identifying poorly drained cropland hydric soils potentially suitable for wetland conversiOn. To support multi-factorial analysis in the final site screening, a Spatial Decision …

The Good Character Requirement: A Proposal For A Uniform National Standard, Marc Ratcliff

Tulsa Law Review

No abstract provided.

The L, Vol. 2, No. 3, December 2000, New York Law School

Student Newspapers

No abstract provided.

Irresolute Ravishers And The Sexual Economy Of Chivalry In The Romantic Novel, Gary Dyer

English Faculty Publications

No abstract provided.

The Role Of Organized Religions In Changing Death Penalty Debates, Michael L. Radelet

William & Mary Bill of Rights Journal

In his Article, Professor Michael L. Radelet describes a global decline in the use of the death penalty, the United Nation's progressively stronger stance against executions, and a growing opposition to capital punishment in the United States. This decrease is attributed to both empirical studies casting doubt on the death penalty's efficacy in promoting its stated underlying goals, and to the increasingly vocal stance of religious leaders morally opposed to capital punishment. Nevertheless, the decline in other justifications for capital punishment has been met with increasing reliance on retribution as the primary argument in its support. Professor Radelet argues that …