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Articles 1 - 9 of 9
Full-Text Articles in Law
Kosovo Myths: Karadzic, Njegos, And The Transformation Of Serb Memory, Alexander K.A. Greenawalt
Kosovo Myths: Karadzic, Njegos, And The Transformation Of Serb Memory, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This brief sketch of the Kosovo myth and its legacy allows one to see how the legend has played such a central role in the popular imagination of the Balkans. In its broader implications, the myth has figured in the debate concerning the origins of national identity. Observing that "the Kosovo battle became an ineradicable part of Serbian history immediately after 1389” and "inspired the greatest cycle of Serbian epic poetry, which was full of hope for the final victory and deliverance,” Aleksa Djilas has thereby argued that "the nineteenth century only revolutionized national identities already formed by language, culture, …
A Code Of One's Own, Joseph P. Tomain
A Code Of One's Own, Joseph P. Tomain
Faculty Articles and Other Publications
A Code of One's Own is an essay exploring the idea that we can learn about professionalism by reflecting on the humanities. The paper is modeled on Virginia Woolf's A Room of One's Own which is a series of lectures in six chapters. The essay uses those chapters to develop the idea that lawyers, through self-reflection and observation, can develop a professional code of their own. The paper was developed through co-teaching a course entitled, Law in Literature and Philosophy as well as by attending the Aspen Institute and the Glenmoor Institute of Justice for the Legal Profession, which are …
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz
Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz
Writings
No abstract provided.
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Articles
Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves
"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves
Journal Publications
This Article analyzes the view that to be taken seriously as an athlete, women must replicate the behaviors prevalent in male-dominated sports. The Article focuses on sports in the educational context as an important opportunity for legal intervention. Because the law involves the allocation of resources and the policing of behavior by the government, this discussion prompts us to ask how resources should be allocated and what kinds of behavior should be encouraged and discouraged in promoting gender equity. In particular, the analysis of sports within educational programs offers an opportunity for a critical examination of current models of athletic …
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Introduction: From Sheet Music To Mp3 Files—A Brief Perspective On Napster, Harold R. Weinberg
Law Faculty Scholarly Articles
The Napster case is the current cause celebre of the digital age. The story has color. It involves music-sharing technology invented by an eighteen-year-old college dropout whose high school classmates nicknamed him "The Napster" on account of his perpetually kinky hair. The story has drama. Depending on your perspective, it pits rapacious big music companies against poor and hardworking students who just want to enjoy some tunes; or it pits creative and industrious music companies seeking a fair return on their invested effort, time, and money against greedy and irreverent music thieves. And the case has importance. Music maybe intellectual …
If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer
Publications
No abstract provided.
Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg
Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg
Faculty Scholarship
More than any other contemporary American legal scholar, Professor Merryman has drawn attention to the moral rights claims of artists. Anything written in the field in the United States since 1976 owes inspiration to The Refrigerator of Bernard Buffet ("The Refrigerator") Professor Merryman's seminal article in the 1976 Hastings Law Journal. I feel this particularly acutely since I became interested in the issue as a law student, in 1978. It looked like a hopeful time, for Professor Merryman had shown the way, and the Second Circuit, in the then-recently decided Monty Python case, seemed to be paying heed. The …