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Articles 11791 - 11820 of 14190

Full-Text Articles in Law

Caution! Estoppel Ahead: Cleveland V. Policy Management Systems Corporation, Lawrence B. Solum Jan 1999

Caution! Estoppel Ahead: Cleveland V. Policy Management Systems Corporation, Lawrence B. Solum

Faculty Scholarship

The aim of this Commentary is not to argue for a particular resolution of the dispute between Ms. Cleveland and her former employer. Rather, the goal is to address a more general question: Is the Cleveland case an appropriate vehicle for the Supreme Court to endorse the seldom invoked and controversial doctrine of judicial estoppel? That doctrine originated in the needs of a procedural system that was substantially different from the contemporary system, which is shaped by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Contemporary understandings of the respective role of judge and jury and …

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Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle Jan 1999

Synopsis Of The Report Of The Second Circuit Task Force On Gender, Racial And Ethnic Fairness In The Courts, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

The recent Report of the Second Circuit Task Force on Gender, Racial, and Ethnic Fairness in the Courts (‘Taskforce‘) observes “some biased conduct toward parties and witnesses based on gender or race or ethnicity has occurred on the part of both judges and lawyers.” “Biased conduct toward lawyers based on gender or race or ethnicity, has occurred to a greater degree.” The Report concludes that such conduct is unacceptable and admonishes all participants in the Second Circuit courts to guard against it. The purpose of this Perspective is to review several sections of the Report. The Perspective is written from …

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Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud Jan 1999

Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud

Faculty Articles

This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …

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America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson Jan 1999

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson

St. Mary's Law Journal

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …

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Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri Jan 1999

Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri

St. Mary's Law Journal

Abstract Forthcoming.

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From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller Jan 1999

From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller

St. Mary's Law Journal

Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …

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Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen Jan 1999

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …

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African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.

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Langdell's Auto-Da-Fé, John Henry Schlegel Jan 1999

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.

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Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Jan 1999

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

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Minority Preferences Reconsidered, Terrance Sandalow Jan 1999

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.

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Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog Jan 1999

Review Of The Repeal Of Reticence: A History Of America's Cultural And Legal Struggles Over Free Speech, Obscenity, Sexual Liberation, And Modern Art, Donald J. Herzog

Reviews

Our public sphere, which should have displayed and preserved the grandeur and beauty of our civic ideals and moral excellences, is instead inane and vacuous when it is not utterly mean, ugly, or indecent (p. 4). Troubled by the tawdry nonsense circulating in the public sphere-and she wrote before learned enquiries into whether the President's genitals had any distinguishing characteristics- Rochelle Gurstein turns to history to understand how we arrived at such a sorry destination. Hers is a tale of decline: The Victorians "we moderns" so routinelyd eridef or theirP uritanicalr epressivenessu nderstoodf ull well that certain things have to …

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Failure And Forgiveness: A Review, James J. White Jan 1999

Failure And Forgiveness: A Review, James J. White

Reviews

In Failure and Forgiveness, Professor Karen Gross has written two books about bankruptcy. The first book, found in the first nine chapters, describes the bankruptcy law, the bankruptcy system, its operation, and the policies that support that law and system. This first book is written for a lay audience, and it is an admirable exposition of the law and policy. The second book, chapters ten to fifteen, contains several proposals for change in the bankruptcy law and states arguments to justify those proposals. The second book shows Professor Gross to be a kindly socialist, deeply suspicious of free markets and …

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Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders Jan 1999

Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders

St. Mary's Law Journal

The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …

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The Courage Of Our Convictions, Sherman J. Clark Jan 1999

The Courage Of Our Convictions, Sherman J. Clark

Michigan Law Review

This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …

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Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson Jan 1999

Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne Jan 1999

Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne

Michigan Law Review

Henry Hart began his 1964 Holmes Lectures by asking what a "single" would be without baseball. We rolled our eyes at that one, reveling in the maestro's penchant for the occult. As usual, though, Professor Hart was trying to tell us groundlings something precious. He was warning us that conventional legal thinking, by stressing rigorous deconstructive analysis, can obscure an important unity in favor of components that should be analyzed, not solely as freestanding phenomena, but as part of the unity. Without recognition of the unity, analysis of the components risks being carried on in a normative vacuum that will …

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Farewell To An Idea? Ideology In Legal Theory, David Charny Jan 1999

Farewell To An Idea? Ideology In Legal Theory, David Charny

Michigan Law Review

In 1956, Morocco inaugurated a constitutional democratic polity on the Western model. Elections were to be held, and political parties formed, with voters to be registered by party. The Berbers, however, did not join the parties as individual voters. Each Berber clan joined their chosen party as a unit. To consecrate (or, perhaps, to accomplish) the clan's choice, a bullock was sacrificed. These sacrificial rites offer a useful parable about the relationship between law and culture. The social order imposed by law depends crucially on the "culture" of the participants in the system - their habits, dispositions, views of the …

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Expert Report Of Robert B. Webster, Robert B. Webster Jan 1999

Expert Report Of Robert B. Webster, Robert B. Webster

Michigan Journal of Race and Law

The author’s opinions are based primarily upon knowledge and insight gained in the forty years in which he has been a practicing attorney, counselor, arbitrator, mediator, bar officer, and state court judge. Webster’s opinions are also based in part upon materials described in Section IV.B, within.

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Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama Jan 1999

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

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Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

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Expert Report Of Kent D. Syverud, Kent D. Syverud Jan 1999

Expert Report Of Kent D. Syverud, Kent D. Syverud

Michigan Journal of Race and Law

Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

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A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce Jan 1999

A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce

University of Florida Journal of Law & Public Policy

This article is intended to provide a socio-legal history of the transfer laws in Florida, not only the recent reforms but also transfer provisions dating back nearly fifty years. Multiple changes involving a mix of instrumental expressive, and systems or institutional factors have occurred during this time. The goals of our analysis are to explore the underlying reasons for Florida’s transfer reforms in particular and to improve our understanding of the dynamics of legal reform in general.

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Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop Jan 1999

Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop

University of Florida Journal of Law & Public Policy

The purpose of this article is to examine what is needed to assess the issues of fairness and effectiveness, which are central to the rationales underpinning transfer policies. We start by considering the adequacy of the data that most often used to learn about transfer. We then report the findings from an in-depth study of local records. This field research illustrates how complex information gathering is on matters relevant to transfer. We then use the more detailed processing information gained from our study of local records to profile transfer cases and assess the comparability between criminal court transfers and their …

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Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg Jan 1999

Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg

University of Florida Journal of Law & Public Policy

This article seeks to contribute both to the empirical evaluations of Black’s theory and to the literature on adolescent violence. It bridges these two area by examining the utility of Black’s theory of conflict management for explaining the use of violence in conflict situations between juveniles, an area in which Black’s propositions have not yet been systematically evaluated. The analysis focuses only on violence used to further a robbery, theft, or other predatory crime. Black’s theory is used as a basis for identifying social variables that increase the likelihood of using violence as a conflict management technique. A 1995 data …

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Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge Jan 1999

Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge

University of Florida Journal of Law & Public Policy

This article reviews a variety of perspectives that have been applied to the study of the juvenile justice system in more recent years. While not meant as an exhaustive summary of the literature on juvenile justice, this article outlines a number of different frames of reference that have been used in the analysis of policies aimed at chronic, serious and/or violent juveniles offenders, with a particular emphasis on framing the nature of the current controversy and debate. Starting with the social science of 1970s, which supported the “nothing works” doctrine of juvenile offender treatment, this work review and summarizes existing …

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A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas Jan 1999

A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas

University of Florida Journal of Law & Public Policy

This article attempts to demonstrate the urgent need to reconsider our current social policies and to revitalize government concern over our urban ghettos. Part II provides a historical background on how urban ghettos were formed in the United States. Part III discusses the Kerner Commission’s findings and the recommendations it made to President Lyndon Johnson and the American people. Part IV analyzes the social and economic regression experienced by inner-city communities during the past thirty years. Part V discusses the findings of the Eisenhower Foundation and describes the programs it espouses.

Finally, part VI, outlines recommendations on how the United …

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Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick Jan 1999

Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick

University of Florida Journal of Law & Public Policy

No abstract provided.

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Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill Jan 1999

Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart Jan 1999

The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart

University of Florida Journal of Law & Public Policy

This article addresses whether this startling new appeal provision in Florida’s Criminal Punishment Code is constitutional: Can the state give itself the right to appeal downward departure sentences but deny the reciprocal right of the defendant to appeal upward departure sentences? Part II of this article sets the background for answering this question by briefly sketching the history of sentencing guidelines in Florida, and how the new appeal provision undermines the wise policy behind those guidelines. Part III then outlines the infirmities of the new appeal provision under the double jeopardy, right-to-appeal, due process, and proportionality provisions of both the …

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