Digital Commons Network^™

Posner And Tort Law As Insurance, Beatrice A. Beltran

Connecticut Insurance Law Journal

No abstract provided.

From The Journals: Insurance Law Abstracts, Jeffrey E. Thomas

Connecticut Insurance Law Journal

No abstract provided.

The Pulse: October 2000, Lynn University

Student Newspapers

No abstract provided.

Baseball In Canada, Samuel R. Hill

Indiana Journal of Global Legal Studies

No abstract provided.

The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen

Indiana Journal of Global Legal Studies

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The History And Politics Of Second Amendment Scholarship: A Primer, Carl T. Bogus

Chicago-Kent Law Review

The introductory Article to this Symposium reviews the history and politics of Second Amendment scholarship, beginning in 1960, when the first article endorsing the individual right model was published, challenging what had previously been the accepted view that the Second Amendment grants only a collective right to keep and bear arms within the government-organized militia. Bogus describes how gun rights organizations embarked on a bootstrap campaign to develop a large body of writing supporting the individual right model, much of it by lawyers directly employed by or representing gun rights organizations, and then argued that the sheer mass of this …

To Hold And Bear Arms: The English Perspective, Lois G. Schwoerer

Chicago-Kent Law Review

This Article discusses the English background to the Second Amendment of the Constitution of the United States and undertakes to contest the prevailing opinion that the old medieval English duty of service in the militia, imposed theoretically on all males between the age of sixteen and sixty, was transformed at the time of England's Glorious Revolution in 1688–89 into the right of the individual to keep and bear arms. The author of that thesis, Professor Joyce Malcolm of Bentley College in Massachusetts, maintains that Article VII of the Declaration of Rights, 1689 (better known as the Bill of Rights, its …

The Second Amendment In Action, Michael A. Bellesiles

Chicago-Kent Law Review

There are those who argue that the Second Amendment guarantees an unrestricted individual right to gun ownership. If the original intention of the framers of the Constitution and Bill of Rights is to inform contemporary debates, then we must know more about the historical context in which these documents were written. This Article explores the nature and extent of gun laws at the time the Second Amendment was ratified by the states, as well as those laws passed in the shadow of this Amendment. The continuing efforts of states to control access to and use of guns once the Second …

What Does The Second Amendment Mean Today?, Michael C. Dorf

Chicago-Kent Law Review

Proponents of the "individual right" interpretation of the Second Amendment frequently contend that those who disagree with this view apply a double standard, dismissing robust protection for individual firearms ownership and possession, while recognizing rights with less support. However, the Second Amendment has not been unfairly orphaned. The courts and commentators that reject the individual right scholars' claims are justified in doing so by the application of the same criteria commonly applied to other constitutional provisions, namely: doctrine; text; original understanding; structural inference; post adoption history; and normative considerations.

Rice V. Paladin Enterprises: Why Hit Man Is Beyond The Pale, Beth A. Fagan

Chicago-Kent Law Review

This Comment examines the Fourth Circuit Court of Appeals decision in Rice v. Paladin Enterprises, Inc., which held that the publisher of a criminal instruction manual could be held liable for civil aiding and abetting without running afoul of the First Amendment. Fagan analyzes the traditional rationales for protecting free speech to determine the appropriate level of protection for criminal instruction manuals and focuses on Hit Man: A Technical Manual for Independent Contractors, the book that facilitated the murders at issue in Rice. She assesses the First Amendment value of Hit Man and balances that value against …

The Texas Caver, Volume 45, No. 5, September-October 2000, Joe Ivy, Rebecca Jones, Brian Vauter

The Texas Caver

Contents: Editorial: To Make A Map -- Cave Mapping: Computer Drafting, Producing a Salon-Quality Map, TSA Cartographic Judging Criteria, NSS Cartography Criteria, TSA --Cartography Salon Guidelines -- Vertical Techniques: Pantin Ascender -- Project Report: Honey Creek -- Spiritual Guidance -- Lost Caves of Texas: Lampassas County -- Trip Reports: Katie's Armpit Cave, Martas - Steves Connection, SLP, Carpenters Pit & Tub Cave, Cass Cave, Roadside Pit -- NSS Convention -- Obituary: Alejandro Villagomez -- TSA News: Grotto Memorial Fund, TSA Web Page Wins NSS Award -- From the Files of the TSS: Lava Caves

Reexamining The Racial Record Of Abraham Lincoln, Jonathan Scott Holloway, William E. Gienapp, Gabor Boritt, Allen C. Guelzo

Civil War Era Studies Faculty Publications

Since his death in 1865 Abraham Lincoln has been universally honored in black America. In many black homes and businesses, his photograph often hangs in honor next to the one of Martin Luther King Jr. But a new book by Ebony editor Lerone Bennett Jr. contends that Lincoln was a crude bigot who told demeaning darky jokes, had an unquenchable thirst for minstrel shows, consistently used the word "nigger," and supported efforts to ship Negroes back to Africa.

As Jack E. White pointed out in a recent Time magazine article, this book largely has been ignored by the mainstream press. …

Health Care Law: Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.

Faculty Publications

Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine.The three Missouri health care law cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of general …

Restricting Public Employees' Political Activities: Good Government Or Partisan Politics?, Rafael Gely, Timothy D. Chandler

Faculty Publications

The article starts by reviewing, in Part II, the history of the regulation of political activities by public employees, and in Part III, the regulation of patronage. Part IV develops the argument that both sets of regulations, although justified on different grounds, are better understood as political control mechanisms. Part V provides some empirical evidence for this argument by examining voting patterns on federal legislation restricting public employees' political activities. Part VI discusses the relationship of these laws to public sector unionization. Part VII concludes the article.

The Baltimore Waltz Program, University Of Southern Maine Department Of Theatre

Programs 2000-2001 Season

by Paula Vogel

directed by Wil Kilroy

This production was a Participating entry in the Kennedy Center American College Theater Festival (KC/ACTF).

Skunk River Review Fall 2000, Vol 12, Amanda King, Gregg Bensink, Jake Demouth, Shawn Larson, Jeff Foreman, Valerie Frazee, Helen Telepnev, Michelle Handsaker, Jane Zantow, William Dean Hamilton, Derek Sullivan, Dana Anderson, Joyce E. Mcintire, Brad Meyer, Joseph Keiser, Jeremy Bassett, David Cottrill, Jane Zantow

Skunk River Review

No abstract provided.

The Second Amendment: The Highest Stage Of Originalism, Jack N. Rakove

Chicago-Kent Law Review

Originalism is the theory of constitutional interpretation that holds that the meaning of the various provisions of the Constitution was fixed at the moment of their adoption, and that the goal of interpretation is to recover that historical meaning and apply it to current disputes. No subject of current constitutional controversy is more closely tied to originalist theories of interpretation than the debate over the meaning of the Second Amendment. But for all the lip service given to originalism and all the homage Americans pay to the wisdom of the founders, there is little agreement among scholars as to how …

Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber

Chicago-Kent Law Review

Originalism provides the core arguments for an individual right "to keep and bear Arms." The appropriate role of original intent in constitutional law, however, has been debated for the past two decades. In this Article, Farber illustrates how the Second Amendment exemplifies the classic, well-known criticisms of originalism. This does not prove, of course, that the conventional understanding of the Second Amendment should be retained. But, Farber concludes, advocates for a drastic expansion of Second Amendment rights will need something beyond the ambiguous historical record if they wish to show why, in today's world, gun rights warrant constitutional protection.

Why Should Gang Membership Be A Status Symbol? Status Crimes And City Of Chicago V. Youkhana, Mark D. Brookstein

Chicago-Kent Law Review

In City of Chicago v. Morales, the Supreme Court struck down Chicago's anti-gang loitering ordinance on void-for-vagueness grounds. As a result, the Court did not answer the question left open by the Illinois Court of Appeals in City of Chicago v. Youkhana of whether the ordinance criminalized the status of being a gang member in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This Comment considers the question by examining the historical backdrop of status offenses as it relates to both constitutional and common law precedent. In order to determine whether an otherwise constitutional reenactment of …

2000 Vol. 49 No. 1, Cleveland-Marshall College Of Law

2000s

No abstract provided.

The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger

University of Miami Inter-American Law Review

No abstract provided.

Merrill V. Navegar: A Soon To Be Reversed Aberration, Or A Trend Towards Gun Manufacturer Liability?, Rene Ruiz

University of Miami Law Review

No abstract provided.

Kenyon College Alumni Bulletin - Fall/Winter 2000-01

Kenyon College Alumni Bulletin

No abstract provided.

The Academic Workplace (Fall/Winter 2000): For-Profit And Traditional Institutions: What Can Be Learned From The Differences?, New England Resource Center For Higher Education At The University Of Massachusetts Boston, Deborah Hirsch, Robert R. Newton, Jeffrey Apfel

The Academic Workplace

No abstract provided.

Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller

Scholarly Articles in Law Reviews & Journals

In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.

New Directions In Reemployment Policy, Stephen A. Woodbury

Employment Research Newsletter

No abstract provided.

Outcomes, Reasons, And Equality, Christopher J. Peters

All Faculty Scholarship

In this article, Christopher Peters responds to arguments made by Kenneth Simons in The Logic of Egalitarian Norms, 80 B.U. L. REV. 693 (2000), in which Professor Simons defends the normative value of equal treatment against Peters’s earlier critiques. Peters first explains and justifies his attack on deontological rather than consequentialist motivations for equal treatment. He then articulates a difference between two distinct conceptions of “treatment”: an outcome-focused and an holistic conception. Peters argues that the holistic conception must be accepted by anyone who defends a deontological theory of equality. Peters then explains how certain of Simons’s arguments in defense …

Syracuse University School Of Architecture Lecture Poster - Fall 2000, Syracuse Architecture

School of Architecture Lectures Series

Poster for Lecture.

Analyzing The Sustainability Of Puppets To Create A Puppet Theater, Emily Buttrick

Architecture Thesis Prep

'The revitalization of an urban community can begin with a public building and can incorporate sustainable design. Sustainable architecture is not only ecologically sound but programmatically flexible and utilizes the resources of the neighborhood. Sustainable design can therefore incorporate ideas of future use of a building. It can also be used in a way to inspire the people using the building so that their own lives become subsistent.

"This thesis contends that through the analysis of the sustainability of puppets, the construction of a community theater building can be fashioned. A puppet's flexibility, layers, scale, structure, and joints make it …