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Articles 91 - 120 of 132
Full-Text Articles in Law
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Articles
No abstract provided.
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Articles
One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Faculty Scholarship
In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
Taking Boards Seriously, Jill E. Fisch
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Utility Of Desert, Paul H. Robinson, John M. Darley
The Utility Of Desert, Paul H. Robinson, John M. Darley
All Faculty Scholarship
The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Genetic Testing, Nature, And Trust, Anita L. Allen
Genetic Testing, Nature, And Trust, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Anasazi Jurisprudence, John W. Ragsdale Jr
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Spiritual And Menial Housework, Dorothy E. Roberts
Spiritual And Menial Housework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
Hiv And Aids Test Results And The Duty To Warn Third Parties: A Proposal For Uniform Guidelines For Texas Professionals Comment., Tammy R. Wavle
St. Mary's Law Journal
Professionals in Texas are increasingly faced with the issues of if and when they must disclose infection of the Human Immunodeficiency Virus (HIV), and if they may be held liable for failing to disclose a known infection. These professionals must deal with conflicting guidance from the courts and legislature. The source of confusion is the conflict between the common-law duty to warn identifiable third parties of the dangers posed to them and the Texas statute governing confidentiality of test results for Acquired Immune Deficiency Syndrome (AIDS). The Communicable Disease Prevention and Control Act (CDPCA) mandates disclosure of positive test results …
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
Franklin S. Spears: A Proud Legacy To Texas Jurisprudence In Memoriam., James L. Branton
St. Mary's Law Journal
Abstract Forthcoming.
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
St. Mary's Law Journal
From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …
The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman
The Mutation Of Choice Recent Development., Kathleen A. Cassidy Goodman
St. Mary's Law Journal
Abstract Forthcoming.
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
Defining The Limits Of Federal Court Jurisdiction Over States In Bankruptcy Court., Patricia L. Barsalou
St. Mary's Law Journal
Sovereign immunity jurisprudence has always been a confusing jumble of assumptions which seem incomprehensible. Despite the confusion, understanding sovereign immunity has become more important in the wake of the United States Supreme Court’s decision in Seminole Tribe of Florida v. Florida. The constitutional issues raised in Seminole Tribe amount to a reinterpretation of the fundamental balance of power between federal and state governments and the power of Congress to affect that balance. Not all sovereign immunity is sovereign immunity. Many courts use the term to identify both the common-law doctrine and the “immunity” granted to the states through the Eleventh …
The Food And Drug Administration's Final Rule On Tobacco Advertising Is All Butt Final: Commercial Speech Doctrine Will Be Tested Once More Under A Stricter Central Hudson Analysis In The Aftermath Of 44 Liquormart, Inc. V. Rhode Island Comment., Joe R. Hinojosa
St. Mary's Law Journal
In 1996 the Food and Drug Administration (FDA) promulgated regulations affecting the advertising, sale, and promotion of tobacco. President Clinton supported the FDA’s claim it has the power to regulate tobacco products not as drugs, but as medical delivery devices of nicotine. Meaning tobacco sellers, retailer, distributors, and manufacturers would be subject to strict rules concerning how and where tobacco products may be advertised, distributed, and promoted. Despite the FDA’s claims, these measures were oriented toward discouraging children from smoking. Opponents of the regulations claim the restrictions constitute blatant infringement of commercial speech. The FDA argues that while advertising is …
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
The Antiterrorism Act, The Immigration Reform Act, And Ideological Regulation In The Immigration Laws: Important Lessons For Citizens And Noncitizens., Kevin R. Johnson
St. Mary's Law Journal
This Article analyzes how the Antiterrorism Act and the Immigration Reform Act reflect a larger historical dynamic in the relationship between domestic subordination and immigration law. The U.S. government historically employed immigration laws in an effort to protect the established political and social order. History reveals a strong correlation between the severe treatment politically subversive U.S. citizens received and the constriction of the immigration laws. This Article argues the lack of constitutional protections for noncitizens helps to explain the recurrent backlash against them. The treatment of noncitizens suggests how far the government might go to suppress domestic political dissent by …
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
Of Ivory Columns And Glass Ceilings: The Impact Of The Supreme Court Of The United States On The Practice Of Women Attorneys In Law Firms Comment., Nancy L. Farrer
St. Mary's Law Journal
This Commentary examines the effect United States Supreme Court decisions on sex discrimination in the legal profession. Discrimination against women currently appears to be alive and well in the legal field. Decisions like Bradwell v. Illinois and In re Lockwood frustrated women attorneys for over a century, allowing states to determine women were unfit for occupations in areas like law. Hishon v. King & Spalding, and later, Price Waterhouse v. Hopkins, applied Title VII protections to evaluations of potential law firm partners—a process previously closed and unassailable for most of the history of the legal profession. More recently, Harris v. …
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
LLM Theses and Essays
Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution, however, an issue arises when the individual wants to make a copy of the copyrighted work. New technologies like photocopying and videotaping make this issue more prominent today. Some copyright owners think that the individual’s copying for private use is harmful to their potential market and they argue for compensation. Does the individual have the right under the personal use principle to reproduce the copyrighted work for private …
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
LLM Theses and Essays
The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
Title Iii Of The Violence Against Women Act: The Answer To Domestic Violence Or A Constitutional Time-Bomb Comment., Yvette J. Mabbun
St. Mary's Law Journal
The Violence Against Women Act (VAWA) was enacted in 1994 to combat the growing and widespread epidemic of domestic violence. Congressional committees assigned to study this epidemic found that violent attacks by men topped the list of dangers to an American woman’s health. In an attempt to raise society’s awareness of the problem of violence against women and to ameliorate the victimization of women, Congress enacted VAWA. Specifically, Title III of VAWA establishes a federal civil right for victims of violent, gender-motivated crimes. These provide victims with either injunctive or monetary compensation. Consequently, there have been questions about the constitutionality …