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2001

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Articles 1 - 30 of 177

Full-Text Articles in Law

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein Dec 2001

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward Stein

Faculty Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel Nov 2001

Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel

Vanderbilt Law Review

In the last few years, scholars and policymakers in the area of criminal justice have focused an increasing amount of attention on two topics. The first is the retributivist theory of punishment ("retributivism");' the second is the development of alternative sanctions to the orthodoxy of incarcerating criminals in publicly managed prisons. This Article is about what connections may properly be drawn between what justifies punishment and how we actually go about punishing offenders.

A preliminary word on retributivism may be helpful. Retributivism is a theory about retribution, and retribution's features, or its definition, may be understood in either a weak …


Tragedy And Due Process, J. Thomas Sullivan Oct 2001

Tragedy And Due Process, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.


The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel Oct 2001

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.


Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas Oct 2001

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.


Law Against Order: Human Rights Organizations And (Versus?) The Palestinian Authority, Lisa Hajjar Oct 2001

Law Against Order: Human Rights Organizations And (Versus?) The Palestinian Authority, Lisa Hajjar

University of Miami Law Review

No abstract provided.


The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman Oct 2001

The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman

University of Miami Law Review

No abstract provided.


How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa Oct 2001

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


From The Punitive City To The Gated Community: Security And Segregation Across The Social And Penal Landscape, Mona Lynch Oct 2001

From The Punitive City To The Gated Community: Security And Segregation Across The Social And Penal Landscape, Mona Lynch

University of Miami Law Review

No abstract provided.


Java Jive: Genealogy Of A Juridical Icon, Michael Mccann, William Haltom, Anne Bloom Oct 2001

Java Jive: Genealogy Of A Juridical Icon, Michael Mccann, William Haltom, Anne Bloom

University of Miami Law Review

No abstract provided.


Gift Encounters: Conceptualizing The Elements Of Begging Conduct, Joe Hermer Oct 2001

Gift Encounters: Conceptualizing The Elements Of Begging Conduct, Joe Hermer

University of Miami Law Review

No abstract provided.


Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres Oct 2001

Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres

Faculty Scholarship

This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …


Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz Oct 2001

Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz

University of Miami Law Review

No abstract provided.


Race, Reputation, And The Supreme Court: Valuing Blackness And Whiteness, Fran Lisa Buntman Phd. Oct 2001

Race, Reputation, And The Supreme Court: Valuing Blackness And Whiteness, Fran Lisa Buntman Phd.

University of Miami Law Review

No abstract provided.


The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer Oct 2001

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.


Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen Oct 2001

Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen

University of Miami Law Review

No abstract provided.


Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon Oct 2001

Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon

University of Miami Law Review

No abstract provided.


Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Oct 2001

Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard Oct 2001

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …


Major-League-Baseball-Streik 1994-1995, Thomas Kohler Sep 2001

Major-League-Baseball-Streik 1994-1995, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Laborious Law, Bas De Gaay Fortman Sep 2001

Laborious Law, Bas De Gaay Fortman

Human Rights & Human Welfare

Inaugural Address at Utrecht University, on the occasion of accepting the Chair in Political Economy of Human Rights 21 MAY 2001

This paper may be freely circulated, either electronically or on paper, on condition that it not be modified in any way and that the rights of the author are in no way infringed. You may provide a link to this paper on any Web site. You may not, however, post it on another site without the author's express permission.


Profiling Profiling And Suicidal Terrorism, Ibpp Editor Sep 2001

Profiling Profiling And Suicidal Terrorism, Ibpp Editor

International Bulletin of Political Psychology

This article describes chronic flaws in developing profiles that are intended to help prevent or minimize suicidal terrorism.


Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan Sep 2001

Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan

Buffalo Public Interest Law Journal

No abstract provided.


Russian Jewry: The History Of Survival, Polina Tomashevsky Sep 2001

Russian Jewry: The History Of Survival, Polina Tomashevsky

Buffalo Human Rights Law Review

No abstract provided.


3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island Aug 2001

3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.


The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti Jul 2001

The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti

Articles

This article first describes the proposed regulations issued under section 894 addressing the ability of domestic reverse hybrid entities to claim treaty benefits with respect to payments made to their interest holders (the proposed DRH regulations). After describing the proposed DRH regulations, the article next explores the potential that these regulations have to override existing U.S. treaty obligations. After concluding that the proposed DRH regulations are inconsistent with at least one existing treaty, the article concludes by questioning the power of the Treasury Department to promulgate regulations (such as the proposed DRH regulations) that override treaties.

Note: This is a …


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.


The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith Jun 2001

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

All Faculty Scholarship

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states …


Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent May 2001

Racial Purity Laws In The United States And Nazi Germany: The Targeting Process, Judy Scales-Trent

Journal Articles

No abstract provided.