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Nova Quarterly: The University Of Texas At El Paso, The University Of Texas At El Paso University Communications

NOVA

Winter 2000, Vol. 37, No. 2; No. 144

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“Out Of Zion Shall Go Forth The Law” (Isaiah 2:3), Nathan Oman

Review of Books on the Book of Mormon 1989–2011

Review of Zion in the Courts: A Legal History of the Church of Jesus Christ of Latter-day Saints, 1830-1900 (1988), by Edwin B. Firmage and Richard C. Mangrum

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 …

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 …

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 …

Appreciating Collaborative Lawyering, Ascanio Piomelli

Clinical Law Review

In April 1988, I returned to East Palo Alto, California, to join its Community Law Project as a staff attorney. After two and a half years as a housing and employment law litigator at a legal services office in Fresno, I was glad to return to the San Francisco Bay Area. I was particularly eager to work in East Palo Alto because of its history, demographics, and a political climate that was refreshingly out of step with most of the rest of the nation in the eighth year of the Reagan Administration. Thirty miles south of San Francisco, five miles …

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

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 …

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

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 …

Mission Impossible?: Ethical Community Lawyering, Shauna I. Marshall

Clinical Law Review

Lawyers working in low income and poorly resourced communities as well as teachers and law students working in clinical programs engage, from time to time, in a style of practice known as community lawyering. The practice is premised upon the belief that one way to remedy certain types of problems in poor communities is for the community to be an integral part of the development and implementation of the solutions to those problems. This style of lawyering envisions lawyers becoming a part of the community in which they work, bringing to the community the knowledge and expertise that they have …

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.

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.

Spiritual Treatment Exemptions To Child Medical Neglect Laws: What We Outsiders Should Think, James G. Dwyer

Faculty Publications

No abstract provided.

Informed Consent For Neonatal Circumcision: An Ethical And Legal Conundrum, J. Steven Svoboda, Robert S. Van Howe, James G. Dwyer

Faculty Publications

No abstract provided.

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Faculty Publications

No abstract provided.

The Evolution Of Latin America's Sexual Harassment Law: A Look At Mini-Skirts And Multinationals In Peru, Sandra Orihuela, Abigail Pollak

California Western International Law Journal

No abstract provided.

Prologue: A Note From The Executive Board, International Law Journal Executive Board

California Western International Law Journal

No abstract provided.

The Evolution Of Latin America's Sexual Harassment Law: A Look At Mini-Skirts And Multinationals In Peru, Sandra Orihuela, Abigail Montjoy

California Western International Law Journal

No abstract provided.

The New Aspects Of Russian Family Law, Maria V. Antokolskaia

California Western International Law Journal

No abstract provided.

Rights Of Custody And Access Under The Hague Child Abduction Convention--"A Questionable Result?", Marilyn Freeman

California Western International Law Journal

No abstract provided.

The Significance Of Biological Parentage In Yugoslav Family Law, Gordana Kovaček Stanić

California Western International Law Journal

No abstract provided.

Yugoslavia: The Medico-Legal Issue Of Transsexuality, Marija Draškić

California Western International Law Journal

No abstract provided.

The Significance Of Biological Parentage In Yugoslav Family Law, Gordana Kovaček Stanić

California Western International Law Journal

No abstract provided.

Yugoslavia: The Medico-Legal Issue Of Transsexuality, Marija Draškić

California Western International Law Journal

No abstract provided.

Rights Of Custody And Access Under The Hague Child Abduction Convention--"A Questionable Result?", Marilyn Freeman

California Western International Law Journal

No abstract provided.

When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins

Faculty Scholarship

The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …

Derrick Bell's Toolkit--Fit To Dismantle That Famous House Derrick Bell Lecture, Richard Delgado

Articles

No abstract provided.