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2001

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Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong Jan 2001

Placid, Clear-Seeming Words: Some Realism About The New Formalism (With Particular Attention To Promissory Estoppel), Sidney Delong

Faculty Articles

This Article examines the recent doctrinal shift from realist jurisprudence to the “new formalism” as it arises in the creation of contract obligation. Many recent decisions involving promissory estoppel appear to display a trend away from reliance protection in the commercial world. While these decisions are formalist insofar as they favor textual forms over contextual forms, the Author argues that this trend is more properly characterized as a realist effort. This Article examines promissory estoppel in the commercial world and suggests that the “new formalism”, driven by the most “realist” of motives, will expunge liability for promissory estoppel in the …

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Video Recall Assessment Of Parent-Adolescent Communication And Understanding, Traci L. Smith Jan 2001

Video Recall Assessment Of Parent-Adolescent Communication And Understanding, Traci L. Smith

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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From Buffalo To Beeves: The Transformation Of The Oglala Lakota Economy 1868-1889, Jeffrey L. Means Jan 2001

From Buffalo To Beeves: The Transformation Of The Oglala Lakota Economy 1868-1889, Jeffrey L. Means

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe Jan 2001

Liberalization And Politics Of Environmental Management In Tanzania, Alicia Bosensera Magabe

LLM Theses and Essays

This thesis examines the factors that have prevented the development of an environmental protection legal and institutional regime in Tanzania. It argues that the central focus of economic reforms has been to kick-start the economy by increasing growth through the maximization of resource exploitation. As a result, concerns for environmental sustainability have been relegated to the periphery of the development agenda. Secondly, as a result of domestic resource scarcity brought on by the economic crisis, environmental policymaking has been held hostage to the influence of foreign donors whose agendas have often been at cross-purpose to environmental protection. Thirdly, the nature …

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Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan Jan 2001

Reforming China's Partnership Law: Achievements, Problems And Prospects, Hongbing Fan

LLM Theses and Essays

This thesis proposes some measures to reform China's partnership law after providing an overview of China's partnership development in a historical perspective. After a brief introduction in Part I, Part II reviews the historical development of partnerships since the founding of the People's Republic of China. Much emphasis is put on significant changes since 1978. Part III examines the basic structure and content of the present laws and regulations on partnership in China. Part V highlights the problems and limits facing China's partnership law. Measures are proposed in Part IV with detailed reference to the United States partnership law. As …

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The Purposes Of Privacy: A Response, Jeffrey Rosen Jan 2001

The Purposes Of Privacy: A Response, Jeffrey Rosen

GW Law Faculty Publications & Other Works

In this essay, Jeffrey Rosen responds to eight articles about his recent book, The Unwanted Gaze, published as part of a special symposium issue of the Georgetown Law Journal. The eight contributors to the symposium were Professors Anita Allen, Julie Cohen, Rosa Ehrenreich, Lawrence Lessig, Sanford Levinson, Robert Post, Jed Rubenfeld and Nadine Strossen. Rosen defends his argument that privacy protects against the dangers of being judged out of context, insisting that invasions of privacy can lead to social misinterpretations that constitute an injury distinct from injuries to dignity or autonomy. He expands on his claim that some of the …

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Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove Jan 2001

Privacy And Power: Computer Databases And Metaphors For Information Privacy, Daniel J. Solove

GW Law Faculty Publications & Other Works

Journalists, politicians, jurists, and legal academics often describe the privacy problem created by the collection and use of personal information through computer databases and the Internet with the metaphor of Big Brother - the totalitarian government portrayed in George Orwell's Nineteen Eighty-Four. Professor Solove argues that this is the wrong metaphor. The Big Brother metaphor as well as much of the law that protects privacy emerges from a longstanding paradigm for conceptualizing privacy problems. Under this paradigm, privacy is invaded by uncovering one's hidden world, by surveillance, and by the disclosure of concealed information. The harm caused by such invasions …

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Children's Interests And Information Disclosure: Who Provided The Egg And Sperm? Or Mommy, Where ( And Whom) Do I Come From?, Naomi R. Cahn Jan 2001

Children's Interests And Information Disclosure: Who Provided The Egg And Sperm? Or Mommy, Where ( And Whom) Do I Come From?, Naomi R. Cahn

GW Law Faculty Publications & Other Works

This essay focuses on the relationships between children, unknown donors, and biological parents. It argues that children deserve access to information about their biological pasts both when the donor's identity is known to the biological parent and when it is unknown. Once an adoption has been finalized or once known gamete donors have agreed not to assert parental rights, the donors should be unable to assert parental rights. But the finality of adoption or gamete provision (which includes eggs, sperm, or embryos) should not prevent the disclosure of information about the identity of biological parents and gamete providers to a …

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Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman Jan 2001

Telling A Less Suspicious Story: Notes Toward A Non-Skeptical Approach To Legal/Cultural Analysis, Paul Schiff Berman

GW Law Faculty Publications & Other Works

In the generation of law and society research that emerged with the formation of the Law and Society Association, sociolegal scholars, building on the Legal Realist attack on formalism, told a story primarily about the possibility of social progress through law. Over the past two decades, however, sociolegal scholars have become increasingly disenchanted with the reformist project. These writers, influenced by Michel Foucault and other postmodern theorists, have begun to see law not as an instrument for dispensing justice, but as a constitutive societal force shaping social relations, constructing meaning, and defining categories of behavior. As part of the move …

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Client Weight As A Barrier To Non-Biased Clinical Judgment, Tricia Duncan Hassel, Carol J. Amici, Nancy S. Thurston, Richard L. Gorsuch Jan 2001

Client Weight As A Barrier To Non-Biased Clinical Judgment, Tricia Duncan Hassel, Carol J. Amici, Nancy S. Thurston, Richard L. Gorsuch

Faculty Publications - Doctor of Psychology (PsyD) Program

A sample of 95 Christian and 68 Non-Christian mental health professionals were given a picture of either an overweight or average-weight male or female client and a generic case vignette. Participants were asked to make clinical judgments of pathology and client attributions for the pictured client. Results indicated that mental health professionals ascribe more pathology and negative attributes to obese clients than to average-weight clients. In addition, Christian mental health professionals are just as likely as non-Christians to ascribe more negative attributes to obese clients. Ways to remove barriers to unbiased psychotherapy and deal with countertransference issues are discussed from …

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Christian Spirituality: Introduction To Special Issue - Part 2, Mark R. Mcminn, Todd W. Hall Jan 2001

Christian Spirituality: Introduction To Special Issue - Part 2, Mark R. Mcminn, Todd W. Hall

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

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Review Of Miller's "Integrating Spirituality Into Treatment: Resources For Practitioners", Mark R. Mcminn Jan 2001

Review Of Miller's "Integrating Spirituality Into Treatment: Resources For Practitioners", Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

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Psychology, Theology & Care For The Soul (The Introduction To Care For The Soul: Exploring The Intersection Of Psychology & Theology), Mark R. Mcminn Jan 2001

Psychology, Theology & Care For The Soul (The Introduction To Care For The Soul: Exploring The Intersection Of Psychology & Theology), Mark R. Mcminn

Faculty Publications - Doctor of Psychology (PsyD) Program

No abstract provided.

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Volume Index, Seattle University Law Review Jan 2001

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick Jan 2001

In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick

Seattle University Law Review

Dobbs, the author of the foremost treatise on tort law, and Hayden, the author of a number of thought provoking articles, have written a book with a clear structure—one that carefully and methodically elucidates the doctrinal framework of state tort law. The book also addresses problems in tort theory and practice and outlines major supplements and alternatives to existing tort remedies.

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Teaching Torts By Integrating Ethical, Skills, Policy And Real-World Issues, And Using Varied Pedagogical Techniques: Reflections On Using The Henderson, Pearson And Siliciano Casebook, Lynn M. Daggett Jan 2001

Teaching Torts By Integrating Ethical, Skills, Policy And Real-World Issues, And Using Varied Pedagogical Techniques: Reflections On Using The Henderson, Pearson And Siliciano Casebook, Lynn M. Daggett

Seattle University Law Review

In brief, the Henderson, Pearson, and Siliciano casebook includes materials on ethics, problems and other skill-based activities, a diverse set of ideological perspectives presented in a non-preachy way, and addresses numerous real-world issues and concerns. The casebook also lends itself to the variety of teaching and active learning methods I employ in my Torts classes.

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Table Of Contents, Seattle University Law Review Jan 2001

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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How To Talk About Religion, James Boyd White Jan 2001

How To Talk About Religion, James Boyd White

Articles

Our experience, supported we think by that of others, is that it is most difficult to do this well, whether we are trying to talk about religion within a discipline, such as law or psychology or anthropology, or even in more informal ways, with our friends and colleagues. There are many reasons for this: It is in the nature of religious experience to be ineffable or mysterious, at least for some people or in some religions; different religions imagine the world and its human inhabitants, and their histories, in ways that are enormously different; and there is no superlanguage into …

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Defending Humanity, Peter M. Cicchino Jan 2001

Defending Humanity, Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat Jan 2001

Low-Life-Sleazy-Big-Haired-Trailer-Park Girl V. The President: The Paula Jones Case And The Law Of Sexual Harassment , Barbara Palmer, Judith Baer, Amy Jasperson, Jacqueline Delaat

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Redefining Violence: Some Thoughts About Justice, Power, Peace, Respect, And The Fabric Of Our Social Experience , Sharon S. Harzenski Jan 2001

Redefining Violence: Some Thoughts About Justice, Power, Peace, Respect, And The Fabric Of Our Social Experience , Sharon S. Harzenski

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari Jan 2001

Boy Scouts Of America V. Dale 530 U.S. 640 (2000), Dennis Amari

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Breastfeeding In The American Workplace, Shana M. Christrup Jan 2001

Breastfeeding In The American Workplace, Shana M. Christrup

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff Jan 2001

The Children Of Homosexual Parents: The Voices The Courts Have Yet To Hear. , Eileen P. Huff

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Baby Spice: Lost Between Feminine And Feminist , Cheryl B. Preston Jan 2001

Baby Spice: Lost Between Feminine And Feminist , Cheryl B. Preston

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Arthur A. Allen V. Ruth C. Allen : Brief Of Appellant, Utah Supreme Court Jan 2001

Arthur A. Allen V. Ruth C. Allen : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

District Court of Salt Lake County Honorable Maurice J. Harding, Judge.

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Lea R. Ficklin And Margaret Ficklin, His Wife V. J Ralph Macfarlane, M.D. And J.R. Rees, M.D. : Brief Of Respondent, Utah Supreme Court Jan 2001

Lea R. Ficklin And Margaret Ficklin, His Wife V. J Ralph Macfarlane, M.D. And J.R. Rees, M.D. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from a Judgment of the Second District Court of Weber County, Honorable Ronald 0. Hyde, Judge

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Beatrice Rice, Frances W. Kennedy, Reva B. White, Gwendolyn Landenberger, Myn Clearly V. Arthur Murray, Inc., A Corporation : Brief Of Appellant, Utah Supreme Court Jan 2001

Beatrice Rice, Frances W. Kennedy, Reva B. White, Gwendolyn Landenberger, Myn Clearly V. Arthur Murray, Inc., A Corporation : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from Judgment of District Court for Salt Lake County,. Utah Honorable Stewart M. Hanson, Sr., Presiding

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Patricia Ida Coryell Martin V. Albert E. Martin : Brief Of Appellant, Utah Supreme Court Jan 2001

Patricia Ida Coryell Martin V. Albert E. Martin : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the District Court of Weber County Honorable J. Robert Bullock, Judge

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James G. Clawson And Joan M. Clawson, His Wife; Tex R. Olsen And Moona Lee Olsen, His Wife; And Ken Chamberlain And Jeannine W. Chamberlain, His Wife V. Bruce L. Moesser And Ruth Anne Moesser, Husband And Wife : Brief Of Respondent, Utah Supreme Court Jan 2001

James G. Clawson And Joan M. Clawson, His Wife; Tex R. Olsen And Moona Lee Olsen, His Wife; And Ken Chamberlain And Jeannine W. Chamberlain, His Wife V. Bruce L. Moesser And Ruth Anne Moesser, Husband And Wife : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Judgment of the District Court of Sanpete County, State of Utah, Honorable Don V. Tibbs, Judge.

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