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Full-Text Articles in Law

Ordeal By Trial: Judicial References To The Nightmare World Of Franz Kafka, Parker B. Potter Jr. May 2005

Ordeal By Trial: Judicial References To The Nightmare World Of Franz Kafka, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] "Franz Kafka’s novel The Trial is firmly entrenched in the modern consciousness as an exemplar of judicial indifference to the most basic rights of citizens to understand the nature of criminal proceedings directed against them. Yet, Kafka was not mentioned in an American judicial opinion until forty years after his death in 1924. Since the mid 1970s, however, Kafka’s name has appeared in more than 400 opinions written by American state and federal judges. Judges have used Kafka to criticize bureaucratic absurdity, unfair tribunals of all sorts, and even their own colleagues on the other side of an appellate …


Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd Jan 2005

Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd

Law Faculty Scholarship

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …


Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow Jan 2005

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.


Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow Jan 2005

Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow

Law Faculty Scholarship

This Essay suggests possible explanations for why there is not very much legal scholarship devoted to gender issues on the Internet; and it asserts that there is a powerful need for Internet legal theorists and activists to pay substantially more attention to the gender-based differences in communicative style and substance that have been imported from real space to cyberspace. Information portals, such as libraries and web logs, are "gendered" in ways that may not be facially apparent. Women are creating and experiencing social solidarity online in ways that male scholars and commentators do not seem to either recognize or deem …


Human Rights And "Globalization", John J. Cerullo Jan 2005

Human Rights And "Globalization", John J. Cerullo

The University Dialogue

No abstract provided.