Law Commons^™

Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University

Santa Clara Magazine

8 - AFTER AMERICA by Deepa Arora. Thomas J. Reese, S.J., the former editor of the Jesuit weekly magazine, America, is spending a sabbatical year at SCU. He sat down for an exclusive interview with SCM to reflect on what he has witnessed, what inspires him, and the future of the Church.

16 - A HALF-CENTURY OF ART AND HISTORY AT SCU by Victoria Hendel De La O. "Through its exhibitions and collections, the museum allows students and faculty to expand the walls of the classroom," says Rebecca M. Schapp, director of the de Saisset Museum, which is celebrating its …

Of Looks, Laws And Lawns: How Human Aesthetic Preferences Influence Landscape Management, Public Policies And Urban Ecosystems, Loren B. Byrne

Arts & Sciences Faculty Publications

No abstract provided.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Phase I Archaeological Intensive Survey Of Hassanamesitt Woods Property, Grafton, Massachusetts, Jack Gary, Stephen Mrozowski, David B. Landon

Andrew Fiske Memorial Center for Archaeological Research Publications

The Center for Cultural and Environmental History conducted a Phase I archaeological intensive survey of the Hassanamesitt Woods property in Grafton, Massachusetts from October 2004 through January 2005. Documentary evidence has suggested that the property may contain remains of the church for the Praying Indian village of Hassanamisco, established by John Eliot in 1660. Historical deed research has also placed several Nipmuc families on the property in the early 18th century, suggesting the area was resettled by the original inhabitants of Hassanimisco in the aftermath of King Philip's War. Throughout the course of the 18th and 19th centuries the property …

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.

The Social Foundations Of Law, Martha Albertson Fineman

Faculty Articles

There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …

Present Moment: A Zen Reflection On Indian Law Doctrine, Frank Pommersheim

Faculty Publications

No abstract provided.

The Challenge Of Ethical Political Leadership, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Without a solid ethical foundation to state governance, the process of developing and implementing sound public policy is weakened. In addition to the crisis of public confidence, which may turn voters away from politics in disgust, political scandals undermine the quality of the policymaking process.

Connecticut needs watertight laws, vigorous oversight, independent voices, and an electoral process that does not pervert the information voters receive. The responsibility of citizens includes not only voting their consciences but pressing their representatives to put the electoral process and policymaking on a cleaner, more transparent foundation.

Toward An Interdisciplinary Field Of Hate Studies: Developing A Framework, Jon Blitzer

Journal of Hate Studies

In the last volume of the Journal of Hate Studies, Ken Stern of the American Jewish Committee (AJC) wrote an article addressing the need for what he calls an interdisciplinary field of hate studies. For too long, he argued, academics have studied “hate”1 in isolation. A social psychologist may have approached the subject looking to study the relationship between an individual hater and the hate group to which he belongs; a political scientist or economist might have studied how economic instability or political disenfranchisement contributed to the behavior of some racist or anti-Semite. To put it simply, academics from a …

Appendix E: Comments By Number, 2005, Us Army Corps Of Engineers

US Government Documents Related to Indigenous Nations

This comments matrix, published in 2005, provides a summary of public comments made in 2005 regarding the proposed return of land to the Three Affiliated Tribes of the Fort Berthold Reservation. These comments were recorded from transcripts of three public meetings held in Bismarck, North Dakota (ND) on May 24; in Dickinson, ND on May 25; and in Williston, ND on May 26. The matrix also includes comments received outside these meetings via email and letter. The land return, based on the Mineral Restoration Act of 1984 (Public Law 98-602), proposed to return a portion of the land taken for …

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …

"Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective, Deleso Alford Washington

Journal Publications

For purposes of this paper, I will address societal regulations imposed upon the Black wombman's ability to control her reproductive rights. As we - Critical Race Feminist ("CRF") theorists who are becoming more empowered Critical Race Feminist activists - engage in necessary dialogue, there must be an appropriate point of departure. Once CRF theorists open our eyes, we will see what I refer to as "her-story." We will also see that it is time to move into action mode in order to address the illusion of reproductive rights for Black women.

Dispute Resolution And Legal Education: A Bibliography, Trevor C.W. Farrow

Cardozo Journal of Conflict Resolution

This selected bibliography is designed to act as a resource to assist in the ongoing, collaborative development of dispute resolution initiatives and programs in legal education and research in North America and abroad. Further, the particular focus of this bibliography, in addition to the teaching and research of dispute resolution generally, is the emphasis that law reform initiatives are putting on dispute resolution processes as potentially useful tools for increasing access to systems of civil justice around the common law world.

To Charge Or Not To Charge?-That Is The Question: The Pursuit Of Strategic Advantage In Prosecutional Decision-Making Surrounding Hate Crime, Beverly Mcphail, Valerie Jenness

Journal of Hate Studies

We asked prosecutors how they think about hate crimes and which factors do and do not influence their decision-making processes when deciding whether to charge a hate crime (add a hate crime enhancement). Our empirical findings along these line provide the first glimpse of the dynamics that underlie the prosecution of hate crime.

White Nationalism Revisited: Demographic Dystopia And White Identity Politics, Steven L. Gardiner

Journal of Hate Studies

Two stimuli, both dating to 2002, drove me to write this paper. The first (and by far the more visceral) was my attendance at the biannual conference of American Renaissance (AR)- the flagship publication of the sector of the American far right considered herein. The conference was held in Washington, D.C. suburb of Herndon, Virginia, and it reflected this demographic. It was attended by some 250 mostly well-dressed, mostly middle-aged white men-along with a smattering of women-a number of whom held advanced degrees of one flavor or another. There is nothing too surprising in this: the ignorant redneck stereotype of …

Poetry: I Am A Jew, Michael Gurian

Journal of Hate Studies

Poem by Michael Gurian.

A Content Analysis Of Persuasion Techniques Used On White Supremacist Websites, Georgie Ann Weatherby, Brian Scoggins

Journal of Hate Studies

The Internet has made it possible for people to access just about any information they could possibly want. Conversely, it has given organizations a vehicle through which they can get their message out to a large audience. Hate groups have found the Internet particularly appealing, because they are able to get their uncensored message out to an unlimited number of people (ADL 2005). This is an issue that is not likely to go away.

A Crime By Any Other Name: The Semantics Of Hate, Barbara Perry

Journal of Hate Studies

I have become increasingly dissatisfied with the continued reliance on the term “hate crime,” due in large measure to the often willful scholarly and public misunderstanding and misuse of the phrase, wherein references are made to such processes as “the criminalization of hatred” (Dority 1994). In response to such tendencies, like Gail Mason (2001, 253) in her recent Law and Critique article, “I wish to raise some questions about hate as a heuristic device.”

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

The Supremacy Of Soundexchange: Federal Preemption Of State Escheat Laws, Marc Shaw

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A "Quizzical" Look Into The Need For Reality Television Show Regulation, Tara Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Universal Human Rights, The United Nations, And The Telos Of Human Dignity, William J. Wagner

Scholarly Articles

In this short essay, I seek to provide a description of the way the rights framework, by its nature, functions to unify global practice around normative ideals. I then outline obstacles, both theoretical and practical, to the effective functioning of this framework and the advancement of its purpose. Next, I lay out and critique the means that the Church, in its official teaching, proposes for overcoming these obstacles. I conclude by sketching briefly what I understand to be a more adequate program for addressing the impediments that exist to the realization of the aspiration of universal respect for human dignity …

The Promise And Limitations Of International Human Rights Activism, Rebecca Evans

Human Rights & Human Welfare

A review of:

Breaking Silence: The Case that Changed the Face of Human Rights by Richard Alan White. Washington D.C.: Georgetown University Press, 2004. 320 pp.

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Like Crabs In A Barrel: Economy, History And Redevelopment In Buffalo, John Henry Schlegel

Other Scholarship

No abstract provided.

Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

A religious experience is an extraordinary event that occurs against the backdrop of ordinary life, infusing that life with a meaning it would not otherwise have. Mass culture is now replete with portrayals of such experiences. Spiritually-themed television shows, movies, books, music, and fashion are now common and even popular. This is not necessarily good news for religion and religious experience. What mass culture portrays as sacred may be merely an imitation, resembling more the ubiquitous feel-good self-affirmance of popular psychology than authentic communion with the divine.

On the other hand, the appropriation and portrayal of religious experience by mass …

The Myth Of Instrumental Rationality, Joseph Raz

Faculty Scholarship

My main aim is to explain the normative character of the phenomena that are commonly discussed when theoretical writers discuss instrumental rationality and instrumental reasons. The discussion will assume that there are forms of practical normativity, of practical reasons, which are not instrumental in nature. The question central to the inquiry is what, if any, normative difference does adopting or having an end make? For example, are there instrumental reasons and, if there are, how do they relate to having ends? Are instrumental reasons distinctive kinds of reasons, whose normativity differs in its underlying rationale from that of, say, moral …

Ancient Hatred And Its Contemporary Manifestation: The Torture Of Lesbians, Susan Hawthorne

Journal of Hate Studies

This paper looks at a number of different elements that make up the experience of torture by lesbians in the contemporary world. I draw together elements of popular culture, along with testimonies by lesbians, concerning torture in diverse countries, as well as citing some historical sources. I examine the justifications and excuses given for torture, including the view that rape is a normal part of heterosexual activity. I argue that domination is exemplified in the punishment of lesbians as outsiders in patriarchal culture, in particular when groups and nations go to war.I also look at the way in which arguments …