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2004

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Articles 781 - 810 of 945

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Mx: Democracy, Religion, And The Rule Of Law-My Journey, Edwin B. Firmage Jan 2004

Mx: Democracy, Religion, And The Rule Of Law-My Journey, Edwin B. Firmage

Utah Law Review

This is my story of the defeat of the MX missile's proposed basing mode in the Great Basin of the West. Where to begin? I'm reflecting on cancer and MX at this moment. About journeys where we would not go but do. Beginnings are not easy, though the first verses of Genesis and John make them sound so. What was the beginning? A speech? An article? A movement or an organization? My beginning with MX was not when a 1980 press conference was finally held and a blue ribbon committee was announced at the Utah State Capitol.

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Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli Jan 2004

Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli

Utah Law Review

This Article examines the considerable influence that French philosopher Michel Foucault's conceptualization of power has had on U.S. theorists of lawyering for social change. Led by Professors Gerald L6pez of New York University and Lucie White of Harvard, a substantial literature has emerged in the past two decades urging progressive lawyers to reshape their lawyering practices to collaborate more closely with clients and community groups. Proponents of this model of activist law practice have often invoked Foucault and acknowledged that his ideas about power underlie and inform their visions of lawyering. But until this Article, theorists of collaborative lawyering have …

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Constitutional Hardball, Mark V. Tushnet Jan 2004

Constitutional Hardball, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

For the past several years I have been noticing a phenomenon that seems to me new in my lifetime as a scholar of constitutional law. I call the phenomenon constitutional hardball. This Essay develops the idea that there is such a practice, that there is a sense in which it is new, and that its emergence (or re-emergence) is interesting because it signals that political actors understand that they are in a position to put in place a new set of deep institutional arrangements of a sort I call a constitutional order. A shorthand sketch of constitutional hardball is this: …

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The Four Ages Of Health Law, Rand E. Rosenblatt Jan 2004

The Four Ages Of Health Law, Rand E. Rosenblatt

Health Matrix: The Journal of Law-Medicine

No abstract provided.

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Community Economic Development: A Reflection On Community, Power And The Law, Michael R. Diamond Jan 2004

Community Economic Development: A Reflection On Community, Power And The Law, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

In this Article, Professor Diamond explores the nature of community. He specifically examines the potential for economic development as a means for achieving the growth of political power and institutions in economically depressed neighborhood communities and the proper role of the neighborhood attorney in facilitating this expansion.

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Formal And Informal Abortion Services In Rajasthan, India: Results Of A Situation Analysis, Sandhya Barge, Hillary J. Bracken, Batya Elul, Nayan Kumar, Wajahat U. Khan, Shalini Verma, Carol Camlin Jan 2004

Formal And Informal Abortion Services In Rajasthan, India: Results Of A Situation Analysis, Sandhya Barge, Hillary J. Bracken, Batya Elul, Nayan Kumar, Wajahat U. Khan, Shalini Verma, Carol Camlin

Reproductive Health

As part of a Population Council program of research on unwanted pregnancy and induced abortion in Rajasthan, the Population Council and the Centre for Operations Research and Training conducted a situation analysis of abortion services in both the formal and informal sectors in six districts. This report offers insights into the availability and organization of abortion services in the sampled areas in Rajasthan. The report also documents a vast array of informal providers who offer services for delayed menstruation or unwanted pregnancy. Informal providers appear particularly accessible to women because they are far more prevalent in rural areas than formal …

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor Jan 2004

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

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Annotated Legal Bibliography On Gender Jan 2004

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden Jan 2004

It's Not All In My Head: The Harm Of Rape And The Prison Litigation Reform Act, Deborah M. Golden

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Prison Litigation Reform Act (PLRA)'s requirement of a physical injury for prisoners to seek damages for mental or emotional harm creates a significant barrier for rape victims, particularly women, in pursuing justice. The author advocates for amending the PLRA to explicitly recognize rape as a compensable injury, ensuring that victims can seek redress without unnecessary procedural hurdles.

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Traumatic Brain Injury: Cognitive Rehabilitation And Supported Employment, Randon Mckibbin Jan 2004

Traumatic Brain Injury: Cognitive Rehabilitation And Supported Employment, Randon Mckibbin

Occupational Therapy Capstones

A traumatic brain injury (TBI) is an injury to the brain, which results in dysfunction in an individual’s physical, cognitive, and pychosocial functioning. Currently, information on the effectiveness of therapeutic interventions for clients post- TBI is limited. Research has been conducted to develop overall recommendations for clinical practice with this population. It is of interest to the occupational therapy community and the clients that they serve to have a description of effective occupationbased activities, based on current literature, that also consider the functional gains made by clients overtime. This protocol considers the functional gains of the TBI client with a …

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Table Of Contents Jan 2004

Table Of Contents

Public Interest Law Reporter

No abstract provided.

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Building A Powerful Public Interest Program: How Nyu Has Done It And How Your School Can, Too, Deborah Ellis Jan 2004

Building A Powerful Public Interest Program: How Nyu Has Done It And How Your School Can, Too, Deborah Ellis

Public Interest Law Reporter

No abstract provided.

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Pili Offers Public Interest Law Opportunities For Students, Lawyers In Chicago, Dan Schwarzlose Jan 2004

Pili Offers Public Interest Law Opportunities For Students, Lawyers In Chicago, Dan Schwarzlose

Public Interest Law Reporter

No abstract provided.

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Loyola Public Interest Law Society Grant Recipients Share Their Summer Experiences, Lpil Jan 2004

Loyola Public Interest Law Society Grant Recipients Share Their Summer Experiences, Lpil

Public Interest Law Reporter

No abstract provided.

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Copyright Class War, Niels Schaumann Jan 2004

Copyright Class War, Niels Schaumann

Faculty Scholarship

No abstract provided.

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Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai Jan 2004

Proportionate Liability Under The Cbca In The Context Of Recent Corporate Governance Reform: Canadian Auditors In The Wrong Place At The Wrong Time?, Poonam Puri, Stephanie Ben-Ishai

Articles & Book Chapters

In the recent Canada Business Corporations Act' amendments implementing a proportionate liability scheme, auditors appear to be winners. This is consistent with the trend in the past several years as a result of which Canadian auditors have been successful in narrowing the scope of their liability both through legislation and through common law. Going forward, however, it is fair to say that auditors will be losers unless the accounting profession re-evaluates its role and responsibilities to its stakeholders. Given the accounting and corporate governance scandals North America has witnessed in the past few years, as well as the actual and …

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Enhancing The Legitimacy Of The World Trade Organization, Andrea Greisberger Jan 2004

Enhancing The Legitimacy Of The World Trade Organization, Andrea Greisberger

Vanderbilt Journal of Transnational Law

The World Trade Organization (WTO) has faced harsh criticism from developing nations in recent years. Many developing nations feel that the promises they received when they joined the WTO have not been fulfilled. These nations feel that wealthy, industrialized nations like the United States and the members of the European Union are the only ones that have benefited from the organization. Moreover, they feel that these developed nations have benefited at their expense through the WTO's dispute settlement process. Many improvements to the WTO have been proposed. However, the one that seems the most able to help developing nations, the …

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Ethics Year In Review, James T. Erickson Jan 2004

Ethics Year In Review, James T. Erickson

Santa Clara Law Review

No abstract provided.

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New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood Jan 2004

New Texas Ad Litem Statute: Is It Really Protecting The Best Interests Of Minor Children Third Annual Symposium On Legal Malpractice & Professional Responsibility: Comment., Mary E. Hazlewood

St. Mary's Law Journal

Abstract Forthcoming.

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2004-2005 School Year, St. Mary's University School Of Law Jan 2004

2004-2005 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

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Lawsuit Abandonment Options In Possibly Frivolous Litigation Games, Peter H. Huang Jan 2004

Lawsuit Abandonment Options In Possibly Frivolous Litigation Games, Peter H. Huang

Publications

This paper develops a new theory of possibly frivolous litigation by focusing on a plaintiff's options to unilaterally abandon a lawsuit. Federal Rule of Civil Procedure 41(a)(1)(i) and its various state law counterparts permit, under certain circumstances, a plaintiff to voluntarily dismiss her lawsuit without prejudice. This paper's options approach to litigation, including quite possibly, frivolous litigation is placed in the context of the literature of economic models about litigation in general and frivolous litigation in particular. This paper demonstrates that possibly frivolous lawsuits will be filed and settled when the values of a plaintiff's options to unilaterally abandon litigation …

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A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff Jan 2004

A Narrative Of Sovereignty: Illluminating The Paradox Of The Domestic Dependent Nation, Sarah Krakoff

Publications

For the last thirty years the Supreme Court has been adjusting the boundaries of American Indian tribal sovereignty. Some cases affirm tribal inherent powers, but recently the trend has been to limit those powers. Yet neither the Court nor the Congress, which can reverse Supreme Court decisions on questions of tribal sovereignty, has been informed about how these alterations to tribal powers actually affect American Indian tribes on the ground. This article provides that information by examining the interplay between Supreme Court decisions and the Navajo Nation's exercise of its sovereign governmental powers from 1970-2003. In the categories of general …

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Jamis M. Johnson V. Jayson Orvis : Brief Of Appellee, Utah Court Of Appeals Jan 2004

Jamis M. Johnson V. Jayson Orvis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD DISTRICT COURT, CASE NO. 010907449 THE HONORABLE TIMOTHY R. HANSON PRESIDING

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Camp V. Cline : Brief Of Appellee, Utah Court Of Appeals Jan 2004

Camp V. Cline : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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Paul C. Burke V. Honorable Leslie Lewis : Brief Of Honorable Leslie Lewis, Utah Court Of Appeals Jan 2004

Paul C. Burke V. Honorable Leslie Lewis : Brief Of Honorable Leslie Lewis, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF HONORABLE LESLIE LEWIS

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Lorin Blauer V. Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Lorin Blauer V. Utah Department Of Workforce Services : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

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Christopherson, Farris, White & Utley, P.C. V. Deanna Pugh : Brief Of Appellant, Utah Court Of Appeals Jan 2004

Christopherson, Farris, White & Utley, P.C. V. Deanna Pugh : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Brief of Appellant

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Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn Jan 2004

Misrepresentation By Lawyers About Credentials Or Experience, Vincent R. Johnson, Shawn M. Lovorn

Oklahoma Law Review

No abstract provided.

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Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar Jan 2004

Potential Abrogation Of Attorney-Client Privilege In Oklahoma As A Result Of Hipaa, Alexander M. Bednar

Oklahoma Law Review

No abstract provided.

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