Digital Commons Network^™

Evaluating Congressional Constitutional Interpretation: Some Criteria And Two Informal Case Studies, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

I begin this Essay by identifying some problems with conducting an empirical inquiry into Congress's performance in constitutional matters. I argue that there is actually only a small set of issues for which we have a reasonably clean record to evaluate. With the problems I have identified in the background, I then examine some aspects of Congress's performance in the impeachment of President William J. Clinton and, more briefly, some aspects of its response to a presidential military initiative taken without formal prior congressional endorsement. I conclude that Congress's performance in the impeachment, however flawed, was reasonably good, and that …

Torts Teaching: From Basic Training To Legal-Process Theory: Dominick Vetri, "Tort Law And Practice", Joseph A. Page

Georgetown Law Faculty Publications and Other Works

It was in the course of my meanderings through the torts-casebook landscape that I came upon Professor Dominick Vetri's entry in the field. The quality that first attracted me was the way it fashioned a user-friendly introduction to the study of law, to the uniqueness of the common law, and to the centrality of process. The book demonstrated an unusual sensitivity to the bewilderment of beginners and made a special effort to anticipate their needs and concerns. Yet what made Vetri's approach particularly intriguing was that it managed to play not only to nervous neophytes, but also to students in …

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 9, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998).

Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we …

The Market For Medical Ethics, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

At the core of Kenneth Arrow’s classic 1963 essay on medical uncertainty is a claim that has failed to carry the day among economists. This claim—that physician adherence to an anti-competitive ethic of fidelity to patients and suppression of pecuniary influences on clinical judgment pushes medical markets toward social optimality—has won Arrow near-iconic status among medical ethicists (and many physicians). Yet conventional wisdom among health economists, including several participants in this symposium, holds that this claim is either naïve or outdated. Health economists admire Arrow’s article for its path-breaking analysis of market failures resulting from information asymmetry, uncertainty, and moral …

Self-Defense And Subjectivity, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

The law of self-defense has rarely produced as much academic or popular heat as it has in the past two decades. Widely publicized trials, such as the Goetz and Menendez cases, have generated deep-seated fears of a law unmoored from principle. Those fears have generated a standard public critique--that the criminal law has become too soft and subjective, too wedded to syndrome science and prone to weak-kneed affection for defendants. The criminal law has lost its "objectivity," so the argument goes. The poster child, and even the alleged cause of this development, is the battered woman.

In this article, the …

Berle And Means Reconsidered At The Century's Turn, William W. Bratton

Georgetown Law Faculty Publications and Other Works

Part I places Berle and Means in the context of the legal theory of its day by comparing the work of Dewey on the theory of the firm and Douglas on corporate reorganization. This discussion highlights two progressive assumptions Berle and Means shared with these business law contemporaries-a confidence in the efficacy of judicial intervention to vindicate distributive policies and a distrust of the institution of contract. These assumptions would, in the long run, cause the book's prescription to land wide of the mark. After 1980, Berle and Means lost their paradigmatic status due to a combination of skepticism respecting …

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.

Before And After Riparian Management: Sediment And Nutrient Exports From A Small Agricultural Catchment, Western Australia, Lucy Mckergow, David Weaver, I Prosser, R Grayson, A. E.G. Reed

Conference papers and presentations

Riparian vegetation can trap sediment and nutrients coming from hillslopes and reduce stream bank erosion. This study presents results from a 10 year stream monitoring program in a small agricultural catchment near Albany, Western Australia. In 1996, a 1.6 km stream reach was fenced, planted with eucalyptus species and managed separately from the adjacent paddocks. Stream flow, nutrient and sediment concentration data were collected at the downstream end of the fenced riparian area between 1991 and 2000, so there are data for the “before” and “after” riparian management periods. Suspended sediment concentrations fell dramatically following riparian management; the average event …

Relationships Between Stream Order And Management Priority: A Water Quality Case Study, David Weaver, Adrian Reed, John Grant

Conference papers and presentations

Seagrass, which once dominated the habitat of Oyster Harbour on the south coast of Western Australia has been replaced by macroalgae because of increased nutrient and sediment discharge from the rural dominated catchment. Total Phosphorus (TP), Total Nitrogen (TN), Suspended Sediment (SS) and Electrical Conductivity (EC) concentrations from a catchment – wide (168 sites), event-driven snapshot, water quality monitoring program conducted from 1994 to 1996, were analysed in relation to stream order and published survey data on riparian zone condition. This analysis was performed to examine relationships between stream order, riparian zone condition and water quality, and implications for the …

The History And Performance Of Dorper Sheep In Western Australia, Roy Butler, S C. Wiese, M C. Young

Conference papers and presentations

The history of Dorper sheep in Western Australia is reviewed, since their arrival as embryos from South Africa, in 1996. Limited data are provided - mainly small-scale observations and anecdotes - on reproduction, growth rates, carcass characteristics, diseases, and some other issues that have been encountered with the sheep in Western Australia. Predictions are made for the future of Dorper sheep in Western Australia.

Finding A Sense Of Self In The World: A Process For Overcoming Personal And Collective Alienation After Institutional Abuse, Seetal Kaur Sunga

LLM Theses

The author examines three aspects of dispute resolution involving cases of physical and sexual abuse in institutions and other environments. She focuses on judicial and alternative processes that deal with identity formation, empowerment and monetary compensation. She argues that sexual abuse and physical abuse create specific harms to the identity and power of abused persons. These harms should be addressed through a process that can allow for identity-formation and re-configuration of the power relationship between the parties. The author concludes that judicial processes recognize identity formation that occurs outside the legal arena, and are capable of recognizing the power of …

The Citizen Submission Process Of The North American Commission For Environmental Cooperation, Jaime Miguel Carreno-Martinez

LLM Theses

In order to address the environmental concerns raised by the existence of a continent-wide free trade zone, the North American Free Trade Agreement (NAFTA), Canada, United States and Mexico created an environmental side agreement, the North American Agreement for Environmental Cooperation (NAAEC). NAAEC established the Commission for Environmental Cooperation (CEC), a trilateral body created to help the NAFTA Parties achieve the goal of free trade while at the same time avoiding or lessening environmental industrial degradation. Although imperfect, the NAAEC embodies several processes that were innovative. The key innovation is the Citizen Submission Process that allows citizens and NGOs to …

Reconstructing A Divided Society: Development Of Self-Government And Judicial Reform In Kosovo, Sasha Baglay

LLM Theses

For the past decade the Kosovo has been a subject of conflict. Since June 1999 the Province is undergoing the reconstruction of civil society under the direction of the United Nations in the form of the United Nations Interim Administration in Kosovo (UNMIK). This thesis analyzes the prospects of developing democratic government in a post-conflict Kosovo. On a larger scale, the Kosovo study serves the basis for the analysis of the techniques available for the international community to build democracy in ethnically divided societies. The argument of this thesis rests on the premise that in ethnically divided societies traditional democratic …

When All Else Fails, Blame The Parents: An Analysis Of Parental Responsibility Laws In Canada, Michelle Roy

Dalhousie Journal of Legal Studies

On August 15, 2000, The Parental Responsibility Act, 2000 became law in Ontario. This Act holds parents financially accountable for any property destruction or damage intentionally caused by their children who are under the age of 18. Three years earlier, in 1997, Manitoba was the first province in Canada to introduce a separate act which makes parents legally responsible for the wrongful acts of their children. This paper compares the existing parental responsibility laws in Canada with those in the United States in an attempt to discern both the benefits and limitations of holding parents legally accountable for the actions …

A Examination Of Court Opinions On The Enforcement And Defense Of Conservation Easements And Other Conservation And Preservation Tools: Themes And Approaches To Date, Melissa K. Thompson, Jessica E. Jay

Denver Law Review

No abstract provided.

Addendum To Protecting The Boundary Waters Canoe Area Wilderness: Litigation And Legislation, Richard A. Duncan

Denver Law Review

No abstract provided.

Vol. 78, No. 3: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Alfredo's Mountain Adventure: The Second Chronicle On Law, Lawyering, And Love, Alfredo Mirande

Denver Law Review

No abstract provided.

La Causa Chicana And Communicative Praxis, Guadalupe T. Luna

Denver Law Review

No abstract provided.

The Accidental Crit Ii: Culture And The Looking Glass Of Exile, Pedro A. Malavet

Denver Law Review

No abstract provided.

Confessions Of A White Salsa Dancer: Appropriation, Identity And The Latin Music Craze, Nancy Ehrenreich

Denver Law Review

No abstract provided.

Introduction: Identity And Crisis: The Critical Race Project And Postmodern Political Theory, Gil Gott

Denver Law Review

No abstract provided.

Post-Colonial Economies Of Desire: Legal Representations Of The Sexual Subaltern, Ratna Kapur

Denver Law Review

No abstract provided.

Introduction: Borders, Fran Ansley

Denver Law Review

No abstract provided.

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Denver Law Review

No abstract provided.

Making Evil: Crime Thrillers And Chicano Cinema, Juan Velasco

Denver Law Review

No abstract provided.

Wardlow's Case: A Call To Broaden The Perspective Of American Criminal Law, David Seawell

Denver Law Review

No abstract provided.

Introduction: Partiality, Julie Nice

Denver Law Review

No abstract provided.

Critical Borderlands & (And) Interdisciplinary, Intersectional Coalitions, K.L. Broad

Denver Law Review

No abstract provided.