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2005

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Articles 67321 - 67350 of 70128

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo Jan 2005

Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo

Michigan Law Review

This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Front Matter Jan 2005

Front Matter

Michigan Law Review

No abstract provided.

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Race And The California Recall: A Top Ten List Of Ironies, Steven W. Bender, Keith Aoki, Sylvia Lazos Jan 2005

Race And The California Recall: A Top Ten List Of Ironies, Steven W. Bender, Keith Aoki, Sylvia Lazos

Faculty Articles

Arnold Schwarzenegger's election as governor of California in the 2003 recall campaign is rife with cruel ironies. An immigrant himself, he beat the grandson of Mexican immigrants, Lieutenant Governor Cruz Bustamante, by playing the race card, and managed to dodge allegations of his praise for Hitler as a strong leader. While the pundits say that the California recall was about angry voters lashing back at faithless, self-dealing politicians, more lurks beneath the surface. In California, racial and ethnic minorities now comprise a majority of the population, and the recall election brought barely concealed and seething schisms to the surface. Californians, …

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When Prosecutors Control Criminal Court Dockets: Dispatches On History And Policy From A Land Time Forgot, Andrew Siegel Jan 2005

When Prosecutors Control Criminal Court Dockets: Dispatches On History And Policy From A Land Time Forgot, Andrew Siegel

Faculty Articles

The decision as to who has the authority to bring a matter up for resolution before a criminal court is one of the most basic decisions a system of criminal adjudication must make. Despite - or perhaps because of - the elemental nature of this structural matter, historians and scholars of criminal procedure have thus far offered a startling paucity of evidence as to the history and policy consequences of different docket control regimes. This article offers the first comprehensive examination of this issue, rescuing the history of criminal court calendar control from the dustbin of history and grappling in …

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Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton Jan 2005

Leveling The Playing Field: A New Theory Of Exclusion For A Post-Patriot Act America, Christian Halliburton

Faculty Articles

This article takes the position that, although the PATRIOT Act is superficially unrelated to the specifics of the exclusionary rule, such a drastic departure from constitutional norms would not have been possible had the Court not conditioned the Fourth Amendment exclusionary rule's operation on pursuit of the inherently unstable target of institutional deterrence. Part I of this article will trace the development of the Fourth Amendment's exclusionary rule from its origins in federal court through its incorporation against the states, paying particular attention to the underlying purpose of the exclusionary rule as announced by the Court, and concluding with a …

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Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason Jan 2005

Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason

Faculty Articles

This article explores the problems that often result from a charitable naming opportunity contribution. A charitable naming opportunity contribution exists when a donor transfers money or property to a charitable organization upon terms that result in an individual's name being associated in some way with the organization, its institutions, activities, or facilities. Implementing such arrangements can become problematic as circumstances change over time. Matters considered here include the meaning of "charity" as affected by a donor's personal desire to perpetuate a name. This article also highlights the quite varied doctrinal analyses that may apply when deviation from the precise terms …

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Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen Jan 2005

Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen

Faculty Articles

Japan is considering changes to its constitution, including Article 9, which prohibits it from maintaining a military force. If amendments are made, it would mark the first time the Japanese constitution has been amended since its establishment in 1947. Professor Chinen examines the debates on Article 9 using scholarship on constitutions as providing heuristics for decision-making. Constitutions help overcome the problems of emotion and time-inconsistency. They also enable societies of different deliberative groups to avoid the pitfalls of deliberation by requiring groups to interact with one another and by providing opportunities for compromise through what Cass Sunstein refers to as …

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An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel Jan 2005

An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel

Faculty Articles

On October 29, 2004, the American Society for Legal History (ASLH) held a panel at its annual scholarly conference in Austin, Texas, entitled “Herbert Johnson and the Writing of American Constitutional History." The Herbert Johnson of that title is Herbert Alan Johnson, for twenty-five years a Professor of Law and History at the University of South Carolina and, since 2002, Distinguished Professor Emeritus of Law. That ASLH panel and the papers that flowed from it are the inspiration for—and in large part, the substance of—the Symposium that follows. To write a tribute to the life's work of a living individual …

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Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud Jan 2005

Limit Horizons & Critique: Seductions And Perils Of The Nation, Tayyab Mahmud

Faculty Articles

This essay introduces four contributions on nation and nationalism that form a cluster in the 2005 Annual Symposium of Latina/o Critical Legal Theory (LatCrit). It puts forward the concept of "limit horizons": the hegemonic ontological categories that so imprint the imaginary of an age the even critique remains imprisoned in the normalcy of these categories - an imprisonment that curtails the transformatory potential of critique. It is argued that the modern concept of the nation is such a limit horizon. Consequently, any critical engagement with the concept of the nation must concurrently be an exercise in self-critique to ensure that …

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The Case Of The Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions In Federal Statutes And International Treaties?, Diane Lourdes Dick Jan 2005

The Case Of The Little Yellow Cuban Biplane: Can Interest Analysis Reconcile Conflicting Provisions In Federal Statutes And International Treaties?, Diane Lourdes Dick

Faculty Articles

This article analyzes conflicts that arise under international agreements that define and protect foreign ownership interests in civil aircraft, on the one hand, and domestic laws that allow Americans to bring suit against state sponsors of terrorism, on the other hand. Finding that courts often perform concealed interest analyses under the guise of mechanical application of canons of construction, this article recommends a comparative impairment interest analysis approach to resolving this and related conflicts.

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Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud Jan 2005

Citizen And Citizenship Within And Beyond The Nation, Tayyab Mahmud

Faculty Articles

This review essay deploys critical social theory and critical race theory to interrogate concepts of citizen and citizenship. It reviews three submissions to a Lationa/o Critical Legal Theory (LatCrit) Symposium. One explores the relationship between law, race, and nation-building. The second examines the relationship between race and citizenship through the prism of police round-up of undocumented workers in Arizona. The last located the question of citizenship and legal subjecthood beyond the traditional confines of the nation-state.

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Evaluating Brady Error Using Narrative Theory: A Proposal For Reform, John B. Mitchell Jan 2005

Evaluating Brady Error Using Narrative Theory: A Proposal For Reform, John B. Mitchell

Faculty Articles

When the United States Supreme Court granted certiorari in Old Chief v. United States, the Court examined Federal Rule of Evidence 403 in light of a defense offer to stipulate to aspects of the proffered prosecution evidence, purportedly to lessen their prejudicial impact. At the core of the opinion rests the validation of a theory born from such disparate fields as Law and Literature, Sociology, and Narrative Theory. This article argues that, though it was not on the proverbial radar screen of the Court when it decided Old Chief, narrative theory provides the most effective tool available for assessing prejudice …

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Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey Jan 2005

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Faculty Articles

This paper reevaluates Frankfurt School theory, and other cultural critiques, in an effort to bring a more sophisticated analysis to bear on popular culture depictions of law. It invokes the cultural critiques of the Birmingham School in order to assess the more subtle ideological content more often found in film. The focus is not only on how popular culture functions as a mechanism for communicating and reproducing ideologies, but also what this function is based on, a theoretical analysis that asks what images of law and legal justice one might expect to see in popular media. The article also assesses …

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Litigating Global Warming: Substantive Law In Search Of A Forum, Henry Mcgee Jan 2005

Litigating Global Warming: Substantive Law In Search Of A Forum, Henry Mcgee

Faculty Articles

In response to the obstruction by the United States of the Kyoto protocols and its subsequent agreements, American environmental NGOs and state governments have filed a range of lawsuits to force the current U.S. administration, automobile manufacturers, and regulatory actors to combat global warming. This essay first very briefly sketches some of the strategies by litigants to force compliance with Kyoto, an agreement which reflects nearly all of the international community's desire to schedule reductions in greenhouse gas emissions. The essay then describes a strategy that perhaps is the most conventional in terms of international law, but requires a nation …

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Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell Jan 2005

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Faculty Articles

In this paper, Professor Powell argues that the thinking of Bernard Lonergan in light of the natural law insights of St. Thomas Aquinas, Ali Ezzati and Abdullahi Ahmed An-Na'im provides a framework for Christian-Muslim dialogue. Lonergan's transcendental method moves from the individual subject to universal insights rather than presuming to deduce universals a priori, without regard for history, culture and individual experience. Professor Powell asserts that the most fruitful starting place for meaningful dialogue is to address questions of human rights and social justice using natural law theory, rather than focusing on theological concerns. If Muslims and Christians mutually acknowledge …

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A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins Jan 2005

A Curious Concurrence: Justice Brandeis' Vote In Whitney V. California, David Skover, Ronald Collins

Faculty Articles

A piece of jurisprudential sleuthing, this article uncovers the back story for a puzzle unanswered by legal historians for some eighty years: Why would the free-speech libertarian Louis Brandeis write the most famous paean to First Amendment normative values in his opinion in Whitney v. United States, and yet join (by way of a concurring opinion) the judgment of the majority of the Court that would have sent the "patrician radical" Anita Whitney to prison for a 14-year term solely for participating in the formation of the California Communist Labor Party? Part of the puzzle is provided by the unpublished …

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Walking While Muslim, Margaret Chon, Donna E. Arzt Jan 2005

Walking While Muslim, Margaret Chon, Donna E. Arzt

Faculty Articles

In the post-9/11 era, what exactly is meant by race? This essay claims that both domestic civil rights law and international human rights law simultaneously create and obscure racial identity increasingly constructed through Muslim religious identity. The argument unfolds in several parts. First, by analogy to the racial formation process that occurred with the Japanese American community after World War II, we argue that a group's religious identity can contribute to the perception of a group as a racially different and inferior "other." Second, among other elements, religious identity is under-analyzed as a key element of racial formation. Third, post-9/11 …

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Note: The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick Jan 2005

Note: The Impact Of Medicaid Estate Recovery On Nontraditional Families, Diane Lourdes Dick

Faculty Articles

This article analyzes the impact of Medicaid estate recovery laws on nontraditional families, and offers policy solutions that protect families from unintended consequences while preserving the fiscal integrity of the Medicaid program.

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Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer Jan 2005

Lawrence Summers’ Speech On “Innate” Differences Between Men And Women--A Different Perspective, Thomas Fischer

Faculty Articles

In this article, Professor Fischer outlines his experience in the admissions department at Georgetown University Law Center as well as other legal academic settings, and the perspective he gained with regard to women in the sphere of legal academia. The article outlines a careful reflection over the role of gender in these settings, in contrast with Lawrence Summer's perspective on innate gender differences.

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Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse Jan 2005

Freedom In A Regulatory State?: Lawrence, Marriage And Biopolitics, Dean Spade, Craig Willse

Faculty Articles

This paper attempts to trace the links between the Lawrence v. Texas decision and campaigns for gay marriage rights in order to envision movements that seek justice for more than just the most racially and economically privileged lesbians and gay men. The authors outline the limits of the agenda represented by Lawrence and propose alternative modes for resisting the coercive regulation of sexuality, gender, and family formations.

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A Public Relations Case Study On The United States Navy And Marine Corps' Role In Operation Unified Assistance Following The South Asia Tsunami, Hans H. Chun Jan 2005

A Public Relations Case Study On The United States Navy And Marine Corps' Role In Operation Unified Assistance Following The South Asia Tsunami, Hans H. Chun

University of the Pacific Theses and Dissertations

The purpose of this study is to examine from a public relations point-of-view, the public image impact on the United States from the efforts of the U.S. Navy and Marine Corps' response to the tsunami crisis. The thesis analyzes the disaster that affected so many nations, and the humanitarian response of the United States Navy and Marine Corps in Operation Unified Assistance and the role of Navy Public Affairs following the earthquake and tsunami disaster and the importance of visual media.

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The Documentary History Of The Supreme Court Of The United States. 1789-1800. Vol. 7, Cases: 1796-1797, George Van Cleve Jan 2005

The Documentary History Of The Supreme Court Of The United States. 1789-1800. Vol. 7, Cases: 1796-1797, George Van Cleve

Faculty Articles

In this review, the author expresses praise for DHSC 7, a document that covers court cases from 1796 to 1797. It highlights various particular cases while noting how effectively they are examined. Ultimately, the review advocates that students of legal history should consider the DHSC 7.

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Weak Factorizations, Fractions And Homotopies, Alexander Kurz, Jiří Rosický Jan 2005

Weak Factorizations, Fractions And Homotopies, Alexander Kurz, Jiří Rosický

Engineering Faculty Articles and Research

We show that the homotopy category can be assigned to any category equipped with a weak factorization system. A classical example of this construction is the stable category of modules. We discuss a connection with the open map approach to bisimulations proposed by Joyal, Nielsen and Winskel.

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The Chimera Of The Real And Substantial Connection Test, Joost Blom, Elizabeth Edinger Jan 2005

The Chimera Of The Real And Substantial Connection Test, Joost Blom, Elizabeth Edinger

All Faculty Publications

This paper was first presented at a symposium held at the University of British Columbia Faculty of Law on November 5 and 6, 2004 to honour the late Mr. Justice Kenneth Lysyk, a former faculty member and Dean of Law at U.B.C. For this paper we chose a topic that combines both of Ken Lysyk's favourite subjects. We set out to examine how the Supreme Court of Canada has used the "real and substantial connection" test in the conflict of laws and in related areas of constitutional law. This test has been adopted for a variety of purposes. We suggest …

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An Income-Contingent Financing Program For Ontario, Benjamin Alarie, David G. Duff Jan 2005

An Income-Contingent Financing Program For Ontario, Benjamin Alarie, David G. Duff

All Faculty Publications

Although the positive externalities associated with higher education favour substantial government support, sound arguments also favour student contributions to the costs of post-secondary education, based on both the private benefits obtained and the regressive impact of general subsidies for higher education. At the same time, the central role that higher education performs as a vehicle for social mobility and the general reluctance of private lenders to finance individual investments in higher education suggest that governments also have an important role to play in the area of student assistance - ensuring that higher education is accessible to all students on the …

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Why The Press Isn't Always Free In Indian Country, James B. Foster Jan 2005

Why The Press Isn't Always Free In Indian Country, James B. Foster

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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