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Critique [Of Gong Lum V. Rice: The Convergence Of Law, Race And Ethnicity By Malik Simba], Russell Endo

Explorations in Ethnic Studies

Law in the United States may of course be viewed through a number of different perspectives. Over the past several decades, racial minorities have used litigation and legislation to reform institutional policies and practices, and this has given impetus to perspectives of law as a significant tool of constructive social change. While such frameworks have validity, Malik Simba's paper is a relevant reminder of the ideological and coercive dimensions of law and of its long history as a means of oppressing racial minorities.

Postmodernism/Feminism/Law , Dennis Patterson

Cornell Law Review

No abstract provided.

Formal Amendment Of The Constitution Of Canada, Peter W. Hogg

Law and Contemporary Problems

Canada's Constitution Act of 1982 is discussed. The act changed the way in which amendments to Canada's constitution were made. Previously, the Imperial Parliament made the amendments.

Table Of Contents

Touro Law Review

No abstract provided.

New York State Constitutional Decisions: 1991 Compilation

Touro Law Review

No abstract provided.

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson

Law and Contemporary Problems

Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.

Emerging Constitutional Norms: Continuous Judicial Amendment Of The Constitution—The Proportionality Test As A Moving Target, Andree Lajoie, Henry Quillinan

Law and Contemporary Problems

The so-called proportionality test of modifications to the Canadian Constitution are discussed. The Constitution is, at times, described as a moving target for change.

Any Which Way But Loose: Interpretive Strategies And Attitudes Toward Violence In The Evolution Of The Anglo-American “Retreat Rule”, Garrett Epps

Law and Contemporary Problems

The doctrine of self-defense and the retreat rule are discussed. Questions of justification and excuse are explored.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee

Scholarly Works

The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …

Equal Protection

Touro Law Review

No abstract provided.

Supreme Court Jurisdiction

Touro Law Review

No abstract provided.

Race And The Core Curriculum In Legal Education, Fran Ansley

Scholarly Works

No abstract provided.

Lawyer - Winter 1991, Seattle University School Of Law

Lawyer

• Jim Rupp Honored for Across-the-Board Aid to All the Players (by Beth Mabel)
• Burlington Resources Award is a Real Recharging Time for Kaleen Cottingham
• Fulbright Award Goes to Talented ’91 Graduate (by K.C. Williamson ’94)
• Scenes from a Siberian Summer

A Moderate Anti-Abortion View, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Passport Photos And Stays Of Execution, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Lawyer - Autumn 1991, Seattle University School Of Law

Lawyer

• Leading Law Firms Pledge Support for Minority Scholars
• Law School May Be a Singular Experience But These Grads Made It A Family Affair
• The Law and Literature Movement: A Commentary on Human Life in Legal Documents, Bringing Ethical Questions to Judicial Decisions
• The Right to Die: A Lively Issue for Years to Come (by Annette Clark)

Doe V. University Of Michigan, District Court Strikes Down University Policy Against Racial Harassment On Grounds Of Vagueness And Overbreadth, Timothy B. Zollinger

Northern Illinois University Law Review

This note examines the United States District Court for the Eastern District of Michigan decision invalidating the University of Michigan's racial harassment policy. The issue facing the court was one of first impression and was whether a university may adopt a racial harassment policy designed to protect harassment and intimidation on the basis of race, without infringing upon an individuals' first amendment rights to free speech and expression. This Note examines the court's decision invalidating the policy and ultimately concludes that such decision was mandated by the University's enforcement of the policy.

The Bible Annotated: Use Of The Bible In Reported American Decisions, J. Michael Medina

Northern Illinois University Law Review

This annotation is a collection of biblical citations in American court opinions where the court or judge directly cited a biblical passage. The author compiled these cases which utilize biblical authority from extensive searches conducted on Westlaw.

The Probative Weight Of The "Mainstreaming" Requirement Under The Eha, Linda S. Abrahamson

Northern Illinois University Law Review

This comment examines the case law which has developed around the "mainstreaming" provision of the EHA. It focuses on the fact that placement decisions made by school districts are nearly always upheld, regardless of the desires of parents or handicapped students. The author contends that this inequity does not properly respect the role of parents under the EHA, as advocates for their handicapped children. The author concludes by developing a factor test to determine the appropriate placement for a handicapped student when the degree of mainstreaming is the only issue before a reviewing court.

Judicial Enforcement Of The Right To An Equal Education In Illinois, Michael P. Seng, Michael Booden

Northern Illinois University Law Review

In Brown v. Board of Educ., the United States Supreme Court recognized that "education is perhaps the most important function of state and local governments." However, despite this declaration of policy, the Court has not played an affirmative role in assuring that all children have equal education opportunity, regardless of economic or social status. The rest of the federal government has been equally uninterested in enforcing the policy so clearly enunciated in Brown. Unfortunately, Illinois government has done no more than its federal counterpart to ensure that its citizens have equal educational opportunities. This article analyzes federal and Illinois case …

Introduction And Overview On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses, Stephen Mccaffrey

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

15 pages.

Contains footnotes.

The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.

Protection And Preservation In International Watercourses, C. O. Okidi

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

56 pages.

Contains 11 pages of footnotes.

“General Principles” And “Planned Measures” Provisions In The International Law Commission Draft Articles On The Non-Navigational Uses Of International Watercourses: A Mexican Point Of View, Alberto Szekely

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

18 pages.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation; Harmful Conditions And Emergency Situations; And Protection Of Water Installations, Ved P. Nanda

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains endnotes (pages 40-50).

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses (Articles 1-4), Robert D. Hayton

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

14 pages.

Includes footnotes.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.

Recent Decisions, United Artists Theatre Circuit, Inc. V. City Of Philadelphia, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Nova Lawyer, Fall 1991, Volume 5, Number 2, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.