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Articles 12091 - 12120 of 14185

Full-Text Articles in Law

Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes Jan 1997

Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes

Michigan Journal of Race and Law

This Article considers the factors that should be used in hiring a person of color to a faculty position and raises the following questions: Apart from potential teaching ability and scholarly productivity, should faculty appointments committees look to other criteria for candidates of color? Provided that we can still consider the race and ethnicity of prospective candidates of color at private institutions, should faculty appointments committees be concerned about how closely identified a candidate is to an essentialized conception, for instance, of Black persons? Should a faculty hiring committee focus its efforts to hire African Americans on a Black person …

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The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams Jan 1997

The Paradox Of Paternity Establishment: As Rights Go Up, Rates Go Down, W. Craig Williams

University of Florida Journal of Law & Public Policy

No abstract provided.

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Public Policy For A Networked Nation, Gerald R. Faulhaber Jan 1997

Public Policy For A Networked Nation, Gerald R. Faulhaber

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Ten Commandments On Schoolroom Walls? Why Did The Supreme Court Reject The 1978 Kentucky Statute (Stone V. Graham)? Could Such A Law Succeed?, Paul Grimley Kuntz Jan 1997

The Ten Commandments On Schoolroom Walls? Why Did The Supreme Court Reject The 1978 Kentucky Statute (Stone V. Graham)? Could Such A Law Succeed?, Paul Grimley Kuntz

University of Florida Journal of Law & Public Policy

No abstract provided.

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Same-Sex Harassment Claims Under Title Vii: Quick V. Donaldson Co. Breathes New Life Into The Post-Garcia State Of The Law, Michelle Angelone Jan 1997

Same-Sex Harassment Claims Under Title Vii: Quick V. Donaldson Co. Breathes New Life Into The Post-Garcia State Of The Law, Michelle Angelone

University of Florida Journal of Law & Public Policy

No abstract provided.

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Constitutional Law: Ad Valorem Taxation Exemptions And Statutory Enactments, Richard Buxman Jan 1997

Constitutional Law: Ad Valorem Taxation Exemptions And Statutory Enactments, Richard Buxman

University of Florida Journal of Law & Public Policy

No abstract provided.

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Constitutional Law: The Redefinition Of "Minority" And Its Impact On Political Structure Equal Protection Analysis (Coalition For Economic Equity V. Wilson, 110 F.3d 1431 (9th Cir. 1997)), Michael G. Moore Jan 1997

Constitutional Law: The Redefinition Of "Minority" And Its Impact On Political Structure Equal Protection Analysis (Coalition For Economic Equity V. Wilson, 110 F.3d 1431 (9th Cir. 1997)), Michael G. Moore

University of Florida Journal of Law & Public Policy

No abstract provided.

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Regulation's Role In Creatign Competition In Telephone Service Markets: The Experience Of The California Public Utilities Commission, Paul W. Macavoy Jan 1997

Regulation's Role In Creatign Competition In Telephone Service Markets: The Experience Of The California Public Utilities Commission, Paul W. Macavoy

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Property Rights Movement And Historic Preservation In Florida: The Impact Of The Bert J. Harris, Jr. Private Property Protection Act, John T. Marshall Jan 1997

The Property Rights Movement And Historic Preservation In Florida: The Impact Of The Bert J. Harris, Jr. Private Property Protection Act, John T. Marshall

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Modification Of Final Judgment: Its Logic And Echoes, Peter Temin, Joseph Weber Jan 1997

The Modification Of Final Judgment: Its Logic And Echoes, Peter Temin, Joseph Weber

University of Florida Journal of Law & Public Policy

No abstract provided.

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Constitutional Law: Forfeiture, Innocence Is Not A Defense (Bennis V. Michigan, 116 S. Ct. 994 (1996)), Henry G. Gyden Jan 1997

Constitutional Law: Forfeiture, Innocence Is Not A Defense (Bennis V. Michigan, 116 S. Ct. 994 (1996)), Henry G. Gyden

University of Florida Journal of Law & Public Policy

No abstract provided.

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Wholesale Pricing And The Telecommunications Act Of 1996: Guidelines For Compliance With The Avoided Cost Rule, Alexander C. Larson Jan 1997

Wholesale Pricing And The Telecommunications Act Of 1996: Guidelines For Compliance With The Avoided Cost Rule, Alexander C. Larson

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Media And Fear Of Crime: A Survey Of The Research, Sarah Eschholz Jan 1997

The Media And Fear Of Crime: A Survey Of The Research, Sarah Eschholz

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Legal Literature On Slapps: A Look Behind The Smoke Nine Years After Professors Pring And Canan First Yelled "Fire!", Joseph W. Beatty Jan 1997

The Legal Literature On Slapps: A Look Behind The Smoke Nine Years After Professors Pring And Canan First Yelled "Fire!", Joseph W. Beatty

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel Jan 1997

The Cultural Exception: Does It Exist In Gatt And Gats Frameworks? How Does It Affect Or Is It Affected By The Agreement On Trips?, Sandrine Cahn, Daniel Schimmel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Michael Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Michael Bressman

Vanderbilt Law School Faculty Publications

Part I of this Article reviews the Jaffee decision.' Part II discusses the meaning of the Supreme Court's opinion, focusing on the Court's analysis of the important interests at stake in recognizing the asserted testimonial privilege. In Part II, this Article argues that the Court followed the intent of Congress in crafting a psychotherapist- patient privilege. Furthermore, the extension of the privilege to cover confidential communications made to social workers indicates that there is room for further development of the privilege. In Part III, the Article argues that Jaffee provides the foundation for recognition of a counselor-battered woman privilege in …

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Racial Cross-Dressing, Robert S. Chang Jan 1997

Racial Cross-Dressing, Robert S. Chang

Faculty Articles

Professor Chang provided a shorter version of this article as a talk at the First Annual LatCrit Conference sponsored by California Western School of Law and held in La Jolla, California from May 2-5, 1996. In this article Professor Chang addresses the subject of gender-bending - and for that matter, race bending – and how they may indeed "do" important political work, we must approach such performances with caution. They may represent instances of appropriation – as in misappropriation - just as easily as they may represent claims to solidarity and thus a basis for collective political action. Stated differently, …

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Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama Jan 1997

Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama

Faculty Articles

A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for "Protecting America's Workers." The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America's workers (and thus America) from encroachment by "unauthorized" workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart …

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Foreword: Toward A Radical And Plural Democracy, Robert S. Chang Jan 1997

Foreword: Toward A Radical And Plural Democracy, Robert S. Chang

Faculty Articles

In this foreword, Professor Chang lays the foundation for a discussion on the systematic discrimination built in to the United States democracy. He points out how this foundation caters to the prototypical straight, white male. The foreword ends with how these issues are addressed specifically in the symposium.

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Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon Jan 1997

Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon

Faculty Articles

In this essay Professor Chon reviews Chinese Women Traversing Diaspora: Memoirs, Essays, and Poetry. Chinese Women Traversing Diaspora is the second volume of a series on the theme of "Gender, Culture, and Global Politics." Professor Sharon Hom, who edited this volume, deliberately contextualizes the "I" and "we" that supply the narrative voice and subject in each of these works as specific ethnic, gendered, and generational locations within Asian America. However, Professor Chon illustrates how this anthology is not so much about the "I" as it is about the "we." Professor Horn is engaged in a project of excavating individual histories …

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An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng Jan 1997

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 …

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The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu Jan 1997

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 …

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Fair Use In American And Continental Laws, Omar M.A. Obeidat Jan 1997

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 …

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Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong Jan 1997

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Michigan Journal of International Law

Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …

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Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen Jan 1997

Legal Ordering Of Family Values: The Case Of Gay And Lesbian Families, Craig W. Christensen

Cardozo Law Review

In the ordinary course of events, an adoption proceeding in the New York County Surrogate's Court is an unlikely candidate for attention in the editorial pages of the New York Times. But In re the Adoption of a Child Whose First Name is Evan was not an everyday proceeding, as Times columnist Anna Quindlen observed.

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Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer Jan 1997

Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer

Michigan Journal of Gender & Law

There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.

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Selected Bibliography: The Reintegration Of Hong Kong Into China, Journal Editor Jan 1997

Selected Bibliography: The Reintegration Of Hong Kong Into China, Journal Editor

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (PRC) on July 7, 1997, will bring together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the People's Republic of China (PRC), there is much scholarly debate concerning how this merger will occur and what effect it will have on the people and politics of both countries as well as on the international community as a whole. This bibliography includes books and articles written specifically about …

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Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman Jan 1997

Jaffee V. Redmond: Towards Recognition Of A Federal Counselor-Battered Woman Privilege, Fernando Laguarda, Michael B. Bressman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Law And Fancy, Robin West Jan 1997

Law And Fancy, Robin West

Georgetown Law Faculty Publications and Other Works

Martha Nussbaum's graceful book Poetic Justice is an elegant brief for the importance of our capacity for imaginative "fancy" to our moral and legal lives. Imaginative fancy, Nussbaum argues, allows us to know the internal substance and quality of the lives of others. It allows us to come to appreciate, to understand, to share, and ultimately to resist others' suffering. It is, in short, the means by which we come to care about the fate and happiness of others. It is a part, but not the whole, of our capacity to transcend a narcissistic and infantile egoism. It is therefore …

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Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West Jan 1997

Integrity And Universality: A Comment On Dworkin's Freedom's Law, Robin West

Georgetown Law Faculty Publications and Other Works

Ronald Dworkin has done more than any other constitutional lawyer, past or present, to impress upon us the importance of  integrity to constitutional law, and hence to our shared public life. Far from being merely a private virtue, Dworkin has shown that integrity imposes constraints upon and provides guidance to the work of judges in constitutional cases: Every constitutional case that comes before a court must be decided by recourse to the same moral principles that have dictated results in relevant similar cases in the past. Any group or individual challenging the constitutionality of legislation which adversely affects his or …

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