Digital Commons Network^™

Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz

Faculty Scholarship

This article is prefaced with a reflection on Indigenous Peoples in the legal profession which leads into a discussion on the pedagogy and preparation of Indigneous students in law. It addresses the current pedagogy employed in training indigenous students in law and proposes a reframing of this preparation by including and employing an indigenous perspective and intellectual tradition of leadership. It considers the relationship of the Indian law academician with indigenous justice systems. The article addresses the influence on pedagogy that emerges from the Indigenous legal tradition, and the importance of incorporating these influences into the education and preparation of …

Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort

Faculty Scholarship

The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.

The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding

Faculty Scholarship

This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well. Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …

Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson

Faculty Scholarship

Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …

American Indians, Crime, And The Law, Kevin Washburn

Faculty Scholarship

This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …

Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws

Faculty Scholarship

Co-authored with Amy Hale-Janeke

The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz

Faculty Scholarship

No abstract provided.

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

Principles Of U.S. Family Law, Vivian E. Hamilton

Faculty Publications

What explains U.S. family law? What are the origins of the current chaos and controversy in the field, the home of some of the most vituperative debates in public policy? To answer these questions, this Article identifies and examines family law's foundational principles. It undertakes a conceptual analysis of the legal practices that govern families. This analysis has yet to be done, and its absence hamstrings constructive thought on our family law. The Article develops a typology that conceptualizes U.S. family law and exposes its underlying principles. First, it identifies the significant elements, or rules, of family law. Second, it …

Third Judicial Circuit Of Michigan Jury System Assessment, Paula Hannaford-Agor

Faculty Publications

In November 2005, the State Court Administrator's Office (SCAO) contracted with the National Center for State Courts (NCSC) to assess the qualification and summoning procedures used by the Third Circuit Court (Wayne County) to identify procedural and operational factors that might contribute to the disparity in minority populations in its jury pool and to make recommendations to improve the representation of those minorities. To conduct this assessment, the NCSC collected data about every stage of the jury management process in 2004 and 2005.

In this report, the NCSC makes eight recommendations to the Third Circuit to address the procedural and …

The Anticruelty Statute: A Study In Animal Welfare, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Canada's Fresh Water And Nafta: Clearing The Muddied Waters, Scott Gordon

Dalhousie Journal of Legal Studies

Over the past half century Canada became a signatory to a number of complex and integrated international agreements. Canada’s obligations under these agreements have often been ill-defined and vague. This is particularly evident in regards to Canada’s freshwater resources. This article will examine Canada’s international trade obligations, liabilities and responsibilities under the North American Free Trade Agreement (NAFTA). It will argue that Canada’s piecemeal approach to fresh water is insufficient to safeguard its sovereignty over this indispensable resource. The article begins by providing a comprehensive and global perspective on trade in water by illustrating the prominent position that water is …

Compelling War Correspondents To Testify: A Prerogative Of International Criminal Tribunals?, Jennifer S. Jones

Dalhousie Journal of Legal Studies

A qualified testimonial privilege for war correspondents was recognized by the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia in the case of Prosecutor v. Brdjanin. This article examines whether war correspondents should enjoy such a privilege in international criminal tribunals. The author illustrates that, to maintain their legitimacy, international criminal tribunals must be able to make factually accurate findings. She further illustrates that the ability of international criminal tribunals to make factually accurate findings is dependant upon their ability to obtain reliable evidence, including witness testimony. The suggestion is made that, as testimonial privileges reduce the …

The Northwest Passage: Sovereign Seaway Or International Strait? A Reassessment Of The Legal Status, Gillian Macneil

Dalhousie Journal of Legal Studies

The status of the Northwest Passage has been the subject of disagreement for at least 30 years. The debate has gained new urgency recently as evidence suggests that the warming trends associated with climate change are causing a reduction in Arctic sea ice. The practical consequence of those physical changes is that the formerly ice choked waters of the Northwest Passage might become an attractive route to commercial shippers as early as 2050. The debate surrounding the status of the Passage is relatively narrow. At issue is the degree of control which the coastal state, Canada, has over the waters …

The (Comic) Tragedy Of Formalism In Shakespeare's The Merchant Of Venice, Josh Nisker

Dalhousie Journal of Legal Studies

William Shakespeare’s The Merchant of Venice addresses various legal issues and themes, with perhaps none being so pronounced as the struggle between formal positivism and natural law. Ostensibly, The Merchant of Venice dramatizes the dangers of rigid adherence to formalism and the triumph of natural law through Portia’s legal defeat of Shylock. On a more profound level, Shakespeare’s portrayal of the Venetian trial scene raises grave concerns about the essential nature and manner of that defeat. While Portia is originally positioned as a sympathetic proponent of natural law, she is soon revealed as one of its grossest violators. Thus, the …

Canada's Fresh Water And Nafta: Clearing The Muddied Waters, Scott Gordon

Dalhousie Journal of Legal Studies

Over the past half century Canada became a signatory to a number of complex and integrated international agreements. Canada’s obligations under these agreements have often been ill-defined and vague. This is particularly evident in regards to Canada’s freshwater resources. This article will examine Canada’s international trade obligations, liabilities and responsibilities under the North American Free Trade Agreement (NAFTA). It will argue that Canada’s piecemeal approach to fresh water is insufficient to safeguard its sovereignty over this indispensable resource. The article begins by providing a comprehensive and global perspective on trade in water by illustrating the prominent position that water is …

Political Space, Guaranteed: Utilizing New Zealand's 'Reserved Seats' System To Help Aboriginal Canadians Realize Their Guaranteed Democratic Rights, Jennifer Hefler

Dalhousie Journal of Legal Studies

Despite having formally recognized the distinctiveness and importance of Aboriginal Rights with the enactment of section 35 of the 1982 Constitution, Aboriginal persons continue to be under-represented in Canadian political institutions. This article will argue that the solution to this problem does not lie in section 35. Instead, this article will demonstrate this historic lack of political space constitutes an infringement of rights guaranteed to Aboriginal Canadians under section 3 of the Charter of Rights and Freedom. The most effective method to remedy this breach is through the implementation of a ‘reserved-seat’ system similar to that in New Zealand. This …

Dissolving The Divide: Cross-Racial Communication In The Restorative Justice Process, Krista Smith

Dalhousie Journal of Legal Studies

Restorative justice encounters often bring together participants of differing races. The communication style of participants has a significant impact on such encounters. To date, the restorative justice literature has given little attention to the effect of cross-racial communication on the encounter process. This paper discusses this issue by exploring the risks and opportunities present when an individual from a traditionally marginalized race openly shares her experience of the crime with an individual from the dominant race. In order to draw these risks and opportunities into high relief, the author relies on a single example: a restorative justice encounter between a …

The Northwest Passage: Sovereign Seaway Or International Strait? A Reassessment Of The Legal Status, Gillian Macneil

Dalhousie Journal of Legal Studies

The status of the Northwest Passage has been the subject of disagreement for at least 30 years. The debate has gained new urgency recently as evidence suggests that the warming trends associated with climate change are causing a reduction in Arctic sea ice. The practical consequence of those physical changes is that the formerly ice choked waters of the Northwest Passage might become an attractive route to commercial shippers as early as 2050. The debate surrounding the status of the Passage is relatively narrow. At issue is the degree of control which the coastal state, Canada, has over the waters …

The (Comic) Tragedy Of Formalism In Shakespeare's The Merchant Of Venice, Josh Nisker

Dalhousie Journal of Legal Studies

William Shakespeare’s The Merchant of Venice addresses various legal issues and themes, with perhaps none being so pronounced as the struggle between formal positivism and natural law. Ostensibly, The Merchant of Venice dramatizes the dangers of rigid adherence to formalism and the triumph of natural law through Portia’s legal defeat of Shylock. On a more profound level, Shakespeare’s portrayal of the Venetian trial scene raises grave concerns about the essential nature and manner of that defeat. While Portia is originally positioned as a sympathetic proponent of natural law, she is soon revealed as one of its grossest violators. Thus, the …

Who Is The Child Left Behind? The Racial Meaning Of The New School Reform, Charles R. Lawrence Iii

Georgetown Law Faculty Publications and Other Works

Segregated schools achieve their racist purpose by building a wall between poor black and brown children and those of us with privilege, influence, and power. It does not matter that this wall is not built pursuant to the mandate of law or that it is created by the cumulative effect of our private choices. It is segregation nonetheless and it encourages us to hoard our wealth on one side of the wall while children on the other side are left with little. The genius of segregation as a tool of oppression is in the signal it sends to the oppressor …

The Idea Of Humanity: Human Rights And Immigrants' Rights, David Cole

Georgetown Law Faculty Publications and Other Works

This essay asks whether international human rights arguments are likely to be effective in advancing immigrants' rights in the United States. There are certainly reasons to be pessimistic. Despite its history as a nation of immigrants and the ever-increasing diversity of its populace, the United States remains a deeply parochial and nationalist culture. International human rights arguments are often seen as the advocates' last refuge. In the absence of an international forum that can hold the United States accountable, and in the face of Congressional directives that the international human rights treaties it has ratified are not self-executing, international human …

Harry And Gretchen Billings And The People's Voice, Anne Elizabeth Pettinger

Graduate Student Theses, Dissertations, & Professional Papers

Pettinger, Anne, M.A., Autumn 2006 Journalism Harry and Gretchen Billings and the People’s Voice Chairperson: Dennis Swibold Though the People’s Voice was published for three decades and during a time when Montana was undergoing significant change, little has been written about the paper and its long-time editors, Harry and Gretchen Billings. The weekly Voice, published in Helena from 1939 to 1969, was conceived in response to frustration over corporate control of most of the state’s dailies. As a cooperatively owned paper that refused commercial advertising and gave complete independence to its editor, the Voice was an anomaly in mid-twentieth century …

Smith’S Humean Criticism Of Hume’S Account Of The Origin Of Justice, Spencer J. Pack, Eric Schliesser

Economics Faculty Publications

Adam Smith criticizes David Hume's account of the origin of and continuing adherence to the rule of law for being not sufficiently Humean. Hume explained that adherence to the rule of law originated in the self-interest to restrain self-interest. According to Smith, Hume does not pay enough attention to the passions of resentment and admiration, which have their source in the imagination. Smith offers a more naturalistic and evolutionary account of the psychological preconditions of the establishment and morality of justice than Hume had. Smith severs the intimate connection that Hobbes and Hume made between justice and property.

Dry Creek Long Term Watershed Study: Buffer Zone Performance As Viable Amphibian Habitat, Brooke L. Talley, Thomas Crisman

School of Geosciences Faculty and Staff Publications

As bioindicators, amphibians typically require both terrestrial and aquatic habitats to complete their life cycles. Pre- timber-harvest monitoring (December 2002 through September 2003) of salamander and frog (Hylidae) populations was conducted in four watersheds of Decatur County, GA. Post- timber-harvest monitoring (December 2003 through September 2004) continued in the same watersheds (two reference and two treatment watersheds). Coverboards were used to monitor adult salamanders, larval salamanders were surveyed with dipnet sweeps, and frogs were monitored with vertical PVC pipes. Six salamander species (Desmognathus apalachicolae, Eurycea cirrigera, E. guttolineata, Notophthalmus viridescens, Plethodon grobmani, and Pseudotriton ruber) and five frog species (Hyla …

Dry Creek Long Term Watershed Study: Assessment Of Immediate Response Of Aquatic Macroinvertebrates To Watershed Level Harvesting And Thinning Of Streamside Management Zones, M. W. Griswold, R. T. Winn, Thomas Crisman, W. R. White

School of Geosciences Faculty and Staff Publications

Streamside Management Zones (SMZs) are meant to protect riparian habitat and the stream ecosystem. Benthic macroinvertebrates are recognized bioindicators of water quality in streams, typically occupying multiple trophic levels in these systems and providing food for vertebrates. Thus, it is important to understand the effects of harvest within and adjacent to the SMZ on macroinvertebrate assemblages. Benthic macroinvertebrates were sampled pre- and post-harvest from four firstorder streams draining the Dry Creek watershed in southwestern Georgia. A multi-habitat sampling procedure was used. Macroinvertebrates were identified and compared using biotic indices. Comparisons were made between streams within the pre-harvest period and between …

Sex, Androgyny, Prostitution And The Development Of Onnagata Roles In Kabuki Theatre, Sara K. Birk

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Turn And Other Stories, Sarah Aswell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

What's Your Story?| An Experiment In Storytelling And Film Making, Julie Ann Haas

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Good Like The Sea, Becca Hall

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.