Digital Commons Network^™

What Would It Take To Feel Safe?, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

What would it take to make people feel safe? What message will those who would wage peace offer to this beleaguered planet? There is indeed a threat. I will call that threat terrorist fascism because that is what it is. It thwarts human beings in pursuit of the most basic need identified by psychologists: The need to feel their bodies are safe. This threat is horrible indeed, and the road to ending it is long and hard. I do not know all we need to do to end terrorist fascism, but what I know of history tells me that militarism …

Invoking State Responsibility In The Twenty-First Century, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This essay reviews the articles on the invocation of state responsibility, analyzes them in historical context, and notes where they represent progressive development of international law. It then surveys a wide range of contemporary situations where individuals, other nonstate entities, and international organizations invoke state responsibility by initiating judicial or other formal complaint proceedings. The essay concludes that, in light of this contemporary practice, the articles usefully advance the codification and development of international law but do not deal sufficiently with the right of individuals and nonstate entities to invoke the responsibility of states.

Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …

When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

British social philosopher Stuart Hampshire recently articulated the fundamental and foundational principles of the modem conflict resolution movement (and I do call it a movement). He asserted that, "there will always be a plurality of different and incompatible conceptions of the good and there cannot be a single comprehensive and consistent theory of human virtue. Correspondingly, "our political enmities in the city or state will never come to an end while we have diverse life stories and diverse imaginations.'' Hampshire, a socially progressive, socialist philosopher hoped to articulate universal conceptions of the good. In his lifetime of reflection on this …

The Lawyer As Consensus Builder: Ethics For A New Practice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Article, I explore the roles of lawyers in alternative dispute resolution ("ADR"), including traditional roles in arbitration and "new" roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and "best practices" for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ("AAA"), the Center for Public Resources Institute for Dispute Resolution ("CPR"), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing "best practice" guides for the provision of ADR …

Travaux Preparatoires And United Nations Treaties Or Conventions: Using The Web Wisely, Marylin J. Raisch

Georgetown Law Faculty Publications and Other Works

While it is possible to find individual recent documentation relating to the drafting of treaties by searching the Internet via the popular search engines, the results may not always be as comprehensive as the conscientious legal practitioner or scholar might wish. And what of the less well-known multilateral conventions? Alas, it is not only the obscure or bilateral treaties that can be hard to interpret or locate. Travaux for larger conventions may be a challenge as well. An ounce of caution and a larger dose of background knowledge can save the generalist and the specialist librarian, respectively, from the pitfalls …

A Subversive Strand Of The Warren Court, Gary Peller

Georgetown Law Faculty Publications and Other Works

The choice between "de jure" and "de facto" standards of review arises whenever a legal standard is needed to identify violations of specific constitutional rights or norms in particular cases. The issue is methodological in the sense that the question is faced regardless of the particular right or norm at issue (although it is not really true that the choice between these methodologies would have no influence on the choice of rights or norms to apply). A de Jure approach limits the imposition of constitutional norms to cases in which the state has affirmatively acted to help create a particular …

Republican Party Of Minnesota V. White: Should Judges Be More Like Politicians?, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

The Supreme Court's decision in Republican Party of Minnesota v. White shows how unrealistic five justices can be about what happens in judicial election campaigns, and also - ironically - about how much judges differ from legislators and others who run for office. This reality was captured concisely by Robert Hirshon, immediate past president of the American Bar Association (ABA) in his statement following the Court's ruling: "This is a bad decision. It will open a Pandora's Box.... " The decision will change judicial election campaigns in such a way that the quality of the pool of candidates for the …

The Limits Of Being "Present At The Creation", Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Having been invited late to this Symposium and having read fewer than all essays, I offer, (with deep appreciation for the invitation), only mini-comments on three of the many valuable contributions: the essays by Professors Persily, Hasen, and Gerken. But first, at risk of pedantry, may I suggest changing the Symposium's title to something like "Baker and its Progeny .... (or "Baker, doughnuts, and holes"?). Most of the treatment seems to be about the progeny, as surely it should be. While of course everyone knows how far Baker went, what Reynolds did, and what was not done until after Reynolds, …

Comment On Professor Carrington's Article "The Independence And Democratic Accountability Of The Supreme Court Of Ohio", Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

In my view, whether or not Article III is written as members of a new constitutional convention might write it, there is nothing more fundamental to the way our entire judicial system operates (including in many ways, although indirectly, our state courts) than federal judges being as independent as law can make them. Perhaps I suffer from Burkean skepticism about reform of long-standing institutions, or perhaps I am merely a supporter of the status quo. But I believe that, despite obvious drawbacks in giving anyone life tenure in any job, we gain far more than we lose by making federal …

Myth, Reality Past And Present, And Judicial Elections, Roy A. Schotland

Georgetown Law Faculty Publications and Other Works

Why do we have judicial elections? A democracy without elections for the legislature and executive (or, in parliamentary systems, for the executive as the leadership of the elected legislators), would be simply inconceivable. But no one would deny that eleven of our states, or many other nations, are democracies even though they do not elect judges. It might follow from that irrefutable, fundamental difference between elections for judges and for other offices, that judicial elections should not-or more to the point, need not-be conducted the same as other elections. Before we soar into debate, let us lay a foundation with …

Judicial Campaign Conduct Committees, Roy A. Schotland, Barbara Reed

Georgetown Law Faculty Publications and Other Works

As the other papers presented at this Symposium make abundantly clear, the problems associated with inappropriate statements and conduct during judicial elections are unlikely to abate anytime soon. Bench and bar leaders across the country are being joined by a growing chorus of members of the media and the public in demands that something be done. As an initial step that requires relatively little yet holds great promise, the authors endorse the use of judicial campaign conduct committees as a means of long-term improvement.

Law And Prudence In The Law Of Justiciability: The Transformation And Disappearance Of The Political Question Doctrine, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

This Essay develops the foregoing argument by examining, in Section I, the transformation of the political question doctrine from Baker v. Carr through Walter Nixon v. United States. Section II charts a similar, perhaps even more dramatic transformation of the law of standing. Section I then examines Bush v. Gore, explaining how older doctrines of standing and political questions might have been thought relevant there. It argues as well that the very fact that those doctrines went unmentioned by the Court shows why we must take a historically grounded view of justiciability doctrines. Section IV sketches the historical settings in …

Federalism, Law Enforcement, And The Supremacy Clause: The Strange Case Of Ruby Ridge, Seth P. Waxman

Georgetown Law Faculty Publications and Other Works

There is no "federalism clause" in the Constitution, and the case law ranges over a number of different provisions - the Commerce and General Welfare Clauses, and the Eleventh and Fourteenth Amendments, for example. But the two provisions that most directly implicate the doctrine are the Supremacy Clause and the Tenth Amendment. The former states that "[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land ....”, The latter provides that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by …

"I Will Have To Look At Him"| An Ecocritique Of Faulkner's "The Bear", Jason J. Barton

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Pronunciation Of English As A Second Or Foreign Language Learners [Sic] : The Reexamination Of Teaching Pronunciation, Yukari Ryu

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Free Speech Rationales After September 11th: The First Amendment In Post-World Trade Center America, Marin Roger Scordato

Scholarly Articles

The tragic events of September 11th generated numerous proposals for greater security measures and increased police powers that might, if implemented, constrict the customary scope of free speech in the United States. Legitimate concerns for internal security have placed increased pressures on traditional constitutional protections for expressive activity. It is against this backdrop that this article presents a careful examination of the basic rationales for adopting constitutional level protections for free speech. The article analyzes the nature of, and many of the conflicts among, the traditional rationales for a constitutional right of free expression. It also suggests that much of …

Bishops And Their Dioceses, Kenneth Pennington

Scholarly Articles

Metaphors have defined the relationship of a bishop and his diocese since Apostolic times. From the earliest church a bishop was the head of a community, the pastor, the shepherd who cared for his flock. His relationship to that community was based on the recognition that his leadership was personal, caring, and mutual. The shepherd needs flock; the flock needs a shepherd. The bishop was the pastor of his community, the shepherd of the flock who defended them from the wolves of the community and from the dangers of the outside world. His relationship to his church was matrimonial — …

Whacking Unarmed Women: Gaps In The Law Of Armed Conflict, Michael F. Noone Jr.

Scholarly Articles

In recent years, legal commentators have begun to write on women in war: usually as the civilian victims of belligerent forces, sometimes as military victims of discrimination within their own armed forces. Very little has been written about women as belligerents. What has been written does not focus on the legal problems conventional forces face when women are "unprivileged belligerents"' who fail to comply with law of war requirements for combatant status. These problems can become acute when conventional forces are engaged in "Small Wars" where unarmed women often serve as auxiliaries to their unconventional opponents. Although legal sources have …

The Extent Of Protection Of The Individual’S Personality Against Commercial Use: Toward A New Property Right, George P. Smith Ii

Scholarly Articles

The purpose of this Article is to explore the extent of an individual's right of privacy, vis-à-vis the concepts of commercial use and appropriations, which compromise rights of publicity. The deceptively simple, yet complex, conclusion to be drawn from this analysis is that a delicate balance of interests must be struck, either legislatively or judicially, between recognizing a full right of privacy, and its permutations in the right of publicity, with the press and news media. A definitive balancing test may be elusive, but at a minimum, a framework for principled decision making must be attempted. It is imperative that …

Article 36 Of The Vienna Convention On Consular Relations: Private Enforcement In American Courts After Lagrand, Cara H. Drinan

Scholarly Articles

In this Note, I explore the potential impact of LaGrand upon domestic American criminal jurisprudence with an eye toward what the case demonstrates for America as a member of international institutions more generally. In Part I, I describe the central holdings of the ICJ in LaGrand, noting how dramatically LaGrand departs from what American courts have previously interpreted the VCCR to require. Having demonstrated the enormity of LaGrand's procedural implications, I examine early cases after LaGrand and what they suggest about the American judicial response to the ICJ decision in Part II. I argue that American courts err to the …

Politicization And Judicialization Of The U.S. Chief Executive’S Political And Criminal Responsibility: A Threat To Constitutional Integrity Or A Natural Result Of The Constitution’S Flexibility?, Rett R. Ludwikowski

Scholarly Articles

This article attempts to analyze to what extent the scope of executive privilege, constitutionally committed to the executive branch, is determined by judicial process or by purely political factors. It opens with a brief report on the process of formation of the Presidential model of government and the system of checks and balances in the United States. Focusing on the checks imposed on the Executive, this article distinguishes those restraints that are clearly constitutionalized, or stemming from judicial determination of their constitutionality, and those which are the result of judicial interpretation of the beneficial aspects of public policy or political …

Legal Services Provision Through Non- Profit Multidisciplinary Practice – Encouraging Holistic Advocacy, While Protecting Ethical Interests, Stacy Brustin

Scholarly Articles

This Article examines the current debate on multidisciplinary practice (MDP) in the context of legal services provision in a non-profit setting and suggests ways for advocates and non-profit organizations to reap the benefits of MDP while avoiding the potential ethical pitfalls of such arrangements. Part I of the Article outlines the benefits of using a multidisciplinary model to address the legal needs of clients who are traditionally marginalized from the United States legal system. Part II explores the ethical debate surrounding multidisciplinary practice and analyzes whether the current rules of professional conduct prohibiting multidisciplinary practice apply to nonprofit organizations. Part …

Rethinking Sullivan: New Approaches In Australia, New Zealand And England, Susanna Frederick Fischer

Scholarly Articles

This Article employs a comparative analysis of some important recent Commonwealth libel cases to analyze what has gone wrong with U.S. defamation law since New York Times v. Sullivan and to suggest a new direction for its reform. In Lange v. Australian Broadcasting Corporation, Lange v. Atkinson, and Reynolds v. Times Newspapers, the highest courts of the Australian, New Zealand, and English legal systems were confronted with the same challenge faced by the U.S. Supreme Court in New York Times v. Sullivan. They had to decide the proper constitutional balance between protection of reputation and protection …

Old Testament Justice: The Mirror Of Justice Lecture, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Constructing A Public Community College Presidency: A Retrospective Study, Annabel Brooks

UNF Graduate Theses and Dissertations

This retrospective, qualitative case study examined the complexities of leadership in a community college setting under a single, long-term president. Six critical events were identified by 16 key informants as a basis for reflection on their views of the 23-year presidency of Dr. William Seeker at Florida Keys Community College.

The researcher found a highly participatory leadership model and a college that functions in a less hierarchical manner than is traditionally encountered in community colleges. The study further revealed that the president of Florida Keys Community College expanded the role of president by giving priority to the construction of a …

Causes Of Student Underachievement In Northside New Era Secondary School In Ghana, Edward Larbi

UNF Graduate Theses and Dissertations

This study focused on the causes of student underachievement in a selected high school in Ghana. The anonymous name chosen for the school was Northside New Era Secondary School. The participants in the study were administrators, teachers, and students. They were selected from the same school where the researcher conducted the study. The school was located in the Northern Region of Ghana. It had proven records of underachievement compared to other schools in the country according to the Ministry of Education's recent statistical report on education. The criterion for measurement was based on the results of the final examination conducted …

The Science, Law, And Politics Of Fetal Pain Legislation, Kevin C. Walsh

Scholarly Articles

Most people prefer not to inflict gratuitous pain on other sentient beings, especially other humans. What, then, should be the legal system's reaction to the mounting evidence that in late-term abortions doctors are inflicting just such pain on fetuses who have the anatomical, physiological, and neurological capacity to experience it? The pain being inflicted is gratuitous because it can be easily avoided with no significant increases in cost or health risk by the administration of tar geted fetal pain relief. If informed that an abortion is likely to cause pain to the fetus and given a choice between a procedure …

Security Vs. Personal Freedom: America's Challenge In The War On Terrorism, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Political, National, Racial, And Imperial Unconscious In James Fenimore Cooper’S The Pioneers, Nizar Farouk Hermes

Dissertations and Theses @ UNI

Liberal humanist critics of James Fenimore Cooper's The Pioneers have for a long time relegated this politically packed nineteenth-century novel to the realms of the romantic. In the course of this study, I intend to show that Cooper's romantic discourse in The Pioneers is not "innocently romantic" as these critics have postulated. To argue for the political, national, racial, and imperial unconscious of The Pioneers as the latent, but active discourse throughout this text, I rely upon the materialist theories of Fredric Jameson, Louis Althusser, Michel Foucault, Terry Eagleton, Homi Bhabha, Benedict Anderson, and Edward Said.