Digital Commons Network^™

The Globalization Of Jurisdiction, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This Article begins by surveying the myriad ways that increasing globalization of communication, travel, and trade, and in particular the rise of the Internet, have forced judges and legal scholars to "adapt" traditional rules for legal jurisdiction to the new economic and social environment. For example, if a person posts content online that is legal where posted but illegal in some place where it is viewed, can that person be subject to suit in the far-off location? How should the International Shoe "minimum contacts" test account for online contacts? Is online activity sufficient to make one "present" in a jurisdiction …

The Cultural Life Of Capital Punishment: Surveying The Benefits Of A Cultural Analysis Of Law, Reviewing Austin Sarat, 'When The State Kills: Capital Punishment And The American Condition', Paul Schiff Berman

GW Law Faculty Publications & Other Works

Austin Sarat's 'When the State Kills' seeks to explore the interrelationship between capital punishment and American culture. Utilizing scholarly approaches drawn from sociology, literary criticism, cultural studies, and political science, Sarat illuminates the ways in which the official legal regime of capital punishment creates, reflects, and reinforces broader cultural attitudes about crime and punishment. Moreover, he argues that the destructive long-term cultural consequences of the death penalty provide a reason for abolition over and above any criminological or doctrinal arguments against the practice.

Thus, 'When the State Kills' not only offers a powerful intervention in the ongoing death penalty debate, …

The Middle Way: What Contemporary Liberal Legal Theorists Can Learn From Aristotle, Miriam Galston

GW Law Faculty Publications & Other Works

American legal theorists frequently ask whether and how theorists, citizens, lawmakers, judges, and other public officials can attain truth, correctness, or certainty in their legal and moral views. This essay discusses the views of contemporary liberal legal theorists who have attempted to answer these questions in a way that is neither objectivist nor formalist, on the one hand, nor subjectivist or relativist, on the other, referring to authors that make up this group as theorists of the "middle way." The essay suggests areas in which such legal thinkers might profit from studying Aristotle's writings about ethics and politics. Two approaches …

Jack And The Beanstalk: Property Rights In Genetically Modified Plants, Nathan A. Busch

Minnesota Journal of Law, Science & Technology

No abstract provided.

Rational Custom, Edward T. Swaine

GW Law Faculty Publications & Other Works

This article agrees with recent papers that rational choice analysis may be a useful heuristic for customary international law, which is plagued by an incoherent approach to state interests. The theory's initial application, however, has been flawed and unduly truncated, and I provide additional illustrations from game theory and of customary rules to illustrate the point. Rational choice analysis not only explains why certain customary international law may legitimately be regarded as obligatory, thus redeeming an important legal institution, but also indicates important directions for reform.

Between Law And Grace: Ritual And Ritual Studies In Recent Evangelical Thought, Gerald A. Klingbeil

Journal of the Adventist Theological Society

No abstract provided.

Hermeneutics, Culture, And The Father Of The Faithful, Lael O. Caesar

Journal of the Adventist Theological Society

No abstract provided.

Narrative Relevance, Imagined Juries, And A Supreme Court Inspired Agenda For Jury Research, Richard O. Lempert

Articles

This paper has its roots in Old Chief v. United States, a case the Supreme Court of the United States decided in 1997. I will begin by describing this case; then comment on its implications for the Supreme Court’s conception of the jury, and conclude by examining the agenda one may draw from it for empirical jury research. Old Chief arose when Johnny Lynn Old Chief was charged not only with assault with a dangerous weapon and using a firearm in the commission of a crime of violence, but also with violating a law that forbids convicted felons from possessing …

Clarifying The Theoretical Underpinnings Of Mediation: Implications For Practice And Policy, Dorothy J. Della Noce, Robert A. Baruch Bush, Joseph P. Folger

Hofstra Law Faculty Scholarship

In this article we examine developments in explaining and understanding "the when and why" of mediation practice - from the "lay theories" that have informed much of the field, to Bush and Folger's articulation of three distinct and coherent ideologically based theoretical frameworks: the problemsolving framework, the harmony framework, and the transformative framework. We then trace the development of the transformative framework since its articulation in 1994, and share the insights we have gained along the way regarding the impact of increasing theoretical clarity and differentiation in the mediation field. We conclude with a discussion of the implications of ideologically …

Crazy Jane Talks With The Bishop: Abortion In South Africa, China, Germany, South Africa And International Human Rights Law, Barbara Stark

Hofstra Law Faculty Scholarship

Feminists involved in international human rights law have long recognized that reproductive rights are an essential part of any larger struggle for women's human rights. As noted at the World Conference on Population in Cairo in 1994 and reiterated at the World Conference on Women in Beijing in 1995, control over their own reproduction is a prerequisite for any meaningful conception of women's human rights. At the same time, feminists have recognized that reproductive rights, in fact, involve a range of related but distinct rights -- from access to birth control for minors to environmental safeguards that protect women from …

The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert Tuttle

Villanova Law Review (1956 - )

No abstract provided.

Does It Take A Village - Privatization, Patterns Of Restrictiveness And The Demise Of Community, Paula A. Franzese

Villanova Law Review (1956 - )

No abstract provided.

Ms 661 Urban Issues: Chicago, Christine Pohl

Syllabi

(1) Breckenridge, James & Lillian (1995). What Color Is Your God? Multicultural Education in the Church. Baker Books, Grand Rapids: MI.

Organizational Change And Organizational Mortality: An Empirical Analysis Of California Hospitals: 1984-1999., Velma Roberts

All ETDs from UAB

No abstract provided.

Postpartum Psychosis: A Legitimate Defense For Negating Criminal Responsibility?, Sandy Meng Shan Liu

The Scholar: St. Mary's Law Review on Race and Social Justice

Infanticide is the most prevalent violent crime committed by women and has occurred throughout history for various reasons including sacrifice, birth control, eugenics, shame, and fear of punishment for adultery. Postpartum mood disorders have been recognized as a legitimate mental illness since the fourth century, and approximately fifty to eighty percent of new mothers experience some degree of depression after giving birth. Postpartum depression can progress into psychosis so quickly that new mothers may not even notice impairment of thinking skills. Defendants face many problems when using postpartum psychosis as a defense. One of the challenges of presenting postpartum psychosis …

Probability And Statistics In The Legal Curriculum: A Case Study In Disciplinary Aspects Of Interdisciplinarity, Michael Townsend

Articles

This Article considers interdisciplinarity and the legal curriculum in the context of probability and statistics. Section D of Part II begins the discussion by sketching some multidisciplinary, pluridisciplinary, interdisciplinary, and transdisciplinary approaches. Part III is the workhorse of this Article. The particular example used here is the well-known jury discrimination case of Castaneda v. Partida as described in Section A. This "case study" provides the basis for a crossdisciplinary experience that offers students an opportunity to think about law as a discipline. It is difficult for students to step back and look at law as a discipline when there is …

Protecting Professionals From Competition: The Necessity Of A Limited Antitrust Exemption For Professionals, Christopher J. Gawley

South Dakota Law Review

No abstract provided.

The Empirical Development Of A Curriculum On Identification Of The "Tongues" Of 1 Corinthians 14 Utilizing A Socio-Exegetical Approach To Interpretation, Angel Hernandez

Dissertations

Problem. The Corinthian tongues is a subject that has been extensively covered in the literature, especially in exegetical Bible commentaries, but no empirically developed curriculum for college-level instruction has been found. The purpose o f this study was to develop such a curriculum. The approach to the interpretation o f the tongues of 1 Corinthians 14 was interdisciplinary: both theological and sociological.

Method. The instructional product development method formulated by Baker and Schutz and revised by Naden was used in this study. The process consisted of ten steps including; assessment of the need for a new curriculum, identification and …

"How To Think About Equality." Review Of Sovereign Virtue: The Theory And Practice Of Equality, By R. Dworkin, Don Herzog

Reviews

Ronald Dworkin's' latest might well seem sharply discontinuous with his other work. The formal theoretical apparatus that kicks off the book is a forbiddingly abstract - some will say arcane - hypothetical auction, coupled with a hypothetical insurance market. There is simply nothing like it in Taking Rights Seriously, or A Matter of Principle, or Law's Empire, or Life's Dominion, or Freedom's Law. Then again, Dworkin first published the key papers on the auction some twenty years. ago and has never flagged, as far as I know, in his commitment to the basic project.2 Theorists have been waiting for the …

Why Tax The Rich? Efficiency, Equity, And Progressive Taxation, Reuven S. Avi-Yonah

Reviews

In Greek mythology, Atlas was a giant who carried the world on his shoulders. In Ayn Rand’s 1957 novel Atlas Shrugged, Atlas represents the “ prime movers”—the talented few who bear the weight of the world’s economy.1 In the novel, the prime movers go on strike against the oppressive burden of excessive regulation and taxation, leaving the world in disarray and demonstrating how indispensable they are to the rest of us (the “second handers” ).

The Preventive Effects Of Arrest On Intimate Partner Violence: Research, Policy And Theory, Christopher D. Maxwell, Joel H. Garner, Jeffrey A. Fagan

Faculty Scholarship

This research addresses the limitations of prior analyses and reviews of five experiments testing for the specific deterrent effect of arrest on intimate partner violence by applying to individual level data consistent eligibility criteria, common independent and outcome measures, and appropriate statistical tests. Based on 4,032 cases involving adult males who assaulted their female intimate partners, multivariate regression analyses show consistent but modest reductions in subsequent offenses targeting the original victim that is attributable to arresting the suspect. Although the reductions attributable to arrest are similar across all five studies, other factors, such as the suspect's prior arrest record, are …

"Business On Trial: The True Story." Review Of Business On Trial: The Civil Jury And Corporate Responsibility, Richard O. Lempert

Reviews

Jury trials are very much an affair of stories. Lawyers tell stories to juries. Evidence is more convincing when presented in story order. Jurors use stories to make sense of evidence. And litigants, particularly losing litigants, tell stories about juries. One of the favorite stories of losing business litigants, second only to the irrational jury story, is the Robin Hood story. Juries love to play Robin Hood, to steal from the rich (businesses and insurance companies) and to give to the poor (individual litigants, especially individual tort litigants). The storytellers see no mystery here. Jurors are "little guys," like the …

Thirteen Ways Of Looking At The Law, Bert I. Huang

Faculty Scholarship

I was of three minds
Like a tree
In which there are three blackbirds.

The emergence of external disciplines within legal scholarship seems to have fractured its intellectual focus. Technical and specialized academic writing, moreover, appears to be drifting ever farther from the theaters of legal action. Judge Richard Posner's latest book of essays, Frontiers of Legal Theory, challenges such perceptions: Even as it celebrates the breadth of interdisciplinary legal scholarship, it seeks coherence among myriad methodologies. Even as it delights in the abstract constructs of social science, it emphasizes their practical impact. And as one might expect of Judge …

Exemplary Bilingual Teachers In Puerto Rico: A Multiple-Case Study, Aurea Laracuente Araújo

Dissertations

Problem. Within a context of inadequate pre-service training, insufficient administrative support, and an ambivalent social environment regarding the teaching of ESL in Puerto Rico, a number of conscientious bilingual teachers try to overcome the odds of the system and have an impact on students' ability to speak English. Some even become exemplary teachers. How do they learn to meet so many expectations successfully in spite of real short comings found in their job, and how do they acquire the skills and competencies necessary to be exemplary bilingual teachers in Puerto Rico?

Method. A qualitative multiple-case study design was …

A Descriptive Multiple Case Study Of Caucasian Female Suicide Attempters: Risk And Protective Factors, Janice Johnson Browne

Dissertations

Problem

Suicide is a problem globally and in the United States. Suicide rates for youth have remained particularly high. Caucasian men complete more suicidal acts than women, but women are more frequent suicide attempters. To gain information about the phenomenon of female suicide attempting, it is important to study the attempter. Awareness of risk and protective factors is necessary to intervene and prevent future incidences of suicide and suicide attempting.

Methodology

For this research a descriptive case study design was utilized. Three suicide attempters who had attempted suicide one or more times in the past was the sample population for …

Manifest Destiny Adapted For 1990s’ War Discourse: Mission And Destiny Intertwined, Roberta L. Coles

Social and Cultural Sciences Faculty Research and Publications

Civil religious themes have long been integral to public discourse in America. Specifically the themes of mission and destiny best known in the farm of Manifest Destiny, still carry the country through periods of foreign conflict. This paper analyzes the discourses of President George Bush during the Persian Gulf War and President Bill Clinton during the Kosovo conflict. I identify the themes of mission by example and mission by intervention and argue that these forms of mission are intertwined. The use of these themes by presidents of different political parties indicates that while they remain useful, they are adapting for …

Money, Credit, And Banking In Colonial And Postcolonial West Africa, Akanmu G. Adebayo

Faculty Articles

Scholarship in African economic history has been dominated by a wave of revisionism lately. The degree of African indebtedness, the imperatives of loan repayment, and the long-term implications of ongoing political and economic changes, all make such a revision exigent indeed. Focusing on the Yoruba of southwestern Nigeria, this paper produces new evidence to reinterpret and redefine African precolonial financial institutions. The paper has two main parts. Part 1 focuses on the introduction of cowrie currency into Yorubaland and its impact on social stratification. Part 2 examines ajo, the savings institution, esusu, the rotating savings and credit associations (roscas), and …

The Distinctive Place Of Religious Entities In Our Constitutional Order, Ira C. Lupu, Robert W. Tuttle

GW Law Faculty Publications & Other Works

Although much has been written on the special place of "religion" in American law, there has been considerably less commentary on the distinctive quality of religious institutions as compared with their secular counterparts. The current law of the Religion Clauses, and the characteristics of institutions as compared to religiously motivated individuals, however, suggest that institutions deserve discrete attention. In this paper, a revised version of the Donald Giannella Memorial Lecture recently delivered at Villanova Law School, the authors focus on three different legal contexts in which questions of distinctiveness of religious institutions arise - their exemption from civil rights law …

The Tower Clock 2002, Tower Clock

Tower Clock Yearbooks

No abstract provided.

"Honor Your German Masters": The Use And Abuse Of "Classical" Composers In Nazi Propaganda, David B. Dennis

History: Faculty Publications and Other Works

No abstract provided.