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2000

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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.

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Characterization Of The One-Dimensional Transport Of Bacteriophage Ms2 In A Coarse-Grained Vadose Zone Beneath A High School Septic Leach Field, Jeffrey A. Fink Jan 2000

Characterization Of The One-Dimensional Transport Of Bacteriophage Ms2 In A Coarse-Grained Vadose Zone Beneath A High School Septic Leach Field, Jeffrey A. Fink

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Chronology Of Housepit Occupations At The Keatley Creek Site| An Analysis Of Stratigraphy And Dating, Michael P. Lenert Jan 2000

Chronology Of Housepit Occupations At The Keatley Creek Site| An Analysis Of Stratigraphy And Dating, Michael P. Lenert

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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

Animal Luggage| [Poems], Tammie Slater Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Antonin Artaud| The Essence Of Revolt, Kathleen C. Irwin Jan 2000

Antonin Artaud| The Essence Of Revolt, Kathleen C. Irwin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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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 …

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Donald Schön, The Reflective Practitioner, And The Comparative Failures Of Legal Education, Richard K. Neumann Jr. Jan 2000

Donald Schön, The Reflective Practitioner, And The Comparative Failures Of Legal Education, Richard K. Neumann Jr.

Clinical Law Review

In the clinical literature, one of the most oft-quoted of non-lawyers has been Donald A. Schon, a professor at MIT's School of Architecture and Planning who did a highly original investigation into how professionals of all kinds think and educate. In this journal and in others and even overseas, he has been cited almost routinely. Most of these are passing references, although sometimes a significant part of an article's direction appears to have been influenced by Schön's thinking. So many law school teachers have been Schön fans for so long that for the 1992 annual meeting of the Association of …

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Where In The World Is Dr. Detchakandi? A Story Of Fact Investigation, Agata Szypszak Jan 2000

Where In The World Is Dr. Detchakandi? A Story Of Fact Investigation, Agata Szypszak

Clinical Law Review

Dolores Wilson sought asylum in the United States to escape the years of persecution that she had suffered in Liberia at the hands of armed forces loyal to the faction led by Charles Taylor. The Immigration and Naturalization Service (INS) refused to grant that request. My partner, Daniel Williams, and I interviewed Ms. Wilson many times over the course of several months as we prepared for the hearing in which Ms. Wilson could renew her request for asylum by asserting it as a defense to her being deported from the United States. Gradually, she unfolded the horrific details of her …

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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. …

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Appreciating Collaborative Lawyering, Ascanio Piomelli Jan 2000

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 …

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Volume 7 Fall 2000 Number 1, Clinical Law Review Jan 2000

Volume 7 Fall 2000 Number 1, Clinical Law Review

Clinical Law Review

No abstract provided.

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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.

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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 …

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Volume 7 Spring 2001 Number 2, Clinical Law Review Jan 2000

Volume 7 Spring 2001 Number 2, Clinical Law Review

Clinical Law Review

No abstract provided.

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Foreword: Law, Psychology, And The Emotions, Heidi Li Feldman Jan 2000

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 …

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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 …

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Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins Jan 2000

Asking The Right Questions: How The Courts Honored The Separation Of Powers By Reconsidering Miranda, Neal Devins

Faculty Publications

No abstract provided.

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Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Jan 2000

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Faculty Publications

No abstract provided.

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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.

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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 …

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Expressive Identity: Recuperating Dissent For Equality, Nan D. Hunter Jan 2000

Expressive Identity: Recuperating Dissent For Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

Constitutional law has made a mess of the relationship between expression and equality. Much of the time, the two claims exist in sharp conflict, as in recent Supreme Court cases involving hate speech' and the effort by a gay and lesbian group to march in a St. Patrick's Day parade. In those cases, equality claims collided head-on with defenses based on a First Amendment right to express anti-equality values. In other instances, such as debates about whether viewpoint diversity can serve as a justification for affirmative action, or whether race-conscious redistricting can serve as a proxy for political interests under …

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Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal Jan 2000

Impeachment As Congressional Constitutional Interpretation, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Constitutionalists have assumed, too quickly in my view, that symmetry should exist between the interpretive styles of the courts and Congress. This assumption, which I shall call the myth of interpretive symmetry, slights the many reasons why an interpretive method may work well in one area and not work as well in another. Instead of mapping out all these possible divergences, I illustrate the point with three examples: the roles of history, precedent, and moral philosophy. I show how, in each instance, arguments can be made to suggest that divergent institutional roles should be taken into account in formulating a …

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The Public And Private Lives Of Presidents, Neal K. Katyal Jan 2000

The Public And Private Lives Of Presidents, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Focusing on a frequent theme in the executive privilege arguments advanced by the Clinton Administration, Neal Kumar Katyal explores the distinction drawn between the public and private lives of the President, particularly in the Paula Jones and Monica Lewinsky cases. He argues that the Administration's difficulties in asserting executive privilege claims following these cases demonstrate that the public/private distinction is not entirely valid He asserts that, unlike members of Congress who have time when they are not in session, the President is unique in that he is in office twenty-four hours a day. He argues that this special constitutional status …

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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 …

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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 …

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When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow Jan 2000

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …

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The First Principles Approach To Antitrust, Kodak, And Antitrust At The Millenium, Steven C. Salop Jan 2000

The First Principles Approach To Antitrust, Kodak, And Antitrust At The Millenium, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

In this essay, I reflect on an important contribution to the development of antitrust reasoning and law that arises out of the Supreme Court's decision in Eastman Kodak Co. v. Technical Services, Inc. In particular, I discuss the decision's relationship to what I have termed the "first principles" approach to market power and antitrust. In my view, one reason that Kodak is important is that it does not take a wooden approach in its economic reasoning. Instead, the opinion nimbly applies the basic principles of competitive analysis to a difficult dynamic context. This enables the majority to avoid rigid adherence …

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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 …

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Writing Off Race, Girardeau A. Spann Jan 2000

Writing Off Race, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action. The text never mentions the term, and the equal protection language in the Fourteenth Amendment simply begs the question of whether equality requires or precludes the use of affirmative action. The intent of the Framers is similarly unhelpful. We know that the drafters of the Fifth Amendment owned slaves, and the drafters of the Fourteenth Amendment envisioned a racially stratified society. But the Fourteenth Amendment was itself an affirmative action measure, …

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Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West Jan 2000

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin West

Georgetown Law Faculty Publications and Other Works

Allan Hutchinson remarks at the beginning of his interesting article that Gadamer's writings have had only a peripheral influence on legal scholarship -- only occasionally cited, and then begrudgingly so, and never given the serious attention they deserve or require. Nevertheless, Hutchinson acknowledges, Gadamerian influences can be noted -- particularly in the now widely shared understanding that adjudication is, fundamentally, an interpretive exercise. Even with this qualification, though, I think Hutchinson understates Gadamer's impact. Whatever may be true of Gadamer's influence in other disciplines, his influence in law has been unambiguously both broad and deep -- although it has come …

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