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Articles 1 - 8 of 8
Full-Text Articles in Law
On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda
On Teaching Constitutional Law When My Race Is In Their Face, Angela Mae Kupenda
Journal Articles
Constitutional Law is one of my favorite subjects to teach. You see, I am a 45-year-old southern-born, black woman who not only studies constitutional law, I lived it. I attended separate and unequal schools, survived freedom of choice programs, suffered Jim Crow laws, and was a beneficiary of consent decrees and affirmative action programs. I love discussing and debating issues relating to race, gender, etc. I love constitutional law, but many of my students do not love the subject or, perhaps, care for hearing about my related experiences.
Diversity: Do You Really Want It?, Angela Mae Kupenda
Diversity: Do You Really Want It?, Angela Mae Kupenda
Journal Articles
Diversity. Do you really want it? In many of the diversity workshops I have attended, the facilitators assume that the answer is yes and set out to help the educational institution acquire more diversity. But given continuing fears and prejudices in our society, this is a mistaken, and perhaps premature assumption. Yet, when you are asked, as an educator or administrator, whether you want students of different races and colors, from varying socio-economic backgrounds, and with different perspectives, your response may be that "wanting" is irrelevant. You "need" diversity given our country's changing demographics, your institution's need to generate tuition …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
While Bauman provides persuasive rebuttals to many of the CLS criticisms of liberalism, contemporary liberalism suffers from some of the same shortcomings Bauman observes about CLS. For example, Bauman criticizes CLS for not having a conceptual foundation (an external standard of truth) to demystify the liberal legal consciousness claimed to be inherent in the law. Bauman also argues that contemporary liberal theorists, like John Rawls, avoid the “comprehensive metaphysical or ontological framework” (p.30), held to be incoherent by CLS. However, Bauman fails to realize that Rawls similarly lacks a conceptual foundation to justify his “political not metaphysical” form of political …
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
Journal Articles
This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …
Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will
Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will
Journal Articles
This comment will argue that when the state seeks to deprive a person of his or her DNA, greater constitutional protections than are currently afforded dragnets must be provided. Part I will discuss the unique properties of DNA, the information contained therein and why it should be constitutionally protected. Part II will briefly trace the history of DNA dragnets, including the practical and procedural uses in worldwide criminal investigations. Part III will explore current law and commentary regarding Fourth Amendment privacy interests in one’s DNA. Part IV will argue that DNA constitutes personal property, and finally, Part V will show …
License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson
License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson
Journal Articles
Title VII was intended to remedy discrimination; thus, it is ironic that the courts themselves discriminate among "terms and conditions of employment" by treating hostile environment discrimination less favorably, most commonly in sexual harassment cases. As the Supreme Court said in its first sexual harassment case, hostile environment harassment must be "severe or pervasive" to be actionable. However, many lower courts have used this language to excuse harassment against women. This Article suggests that the problem originates in the Court's continued use of the phrase "severe or pervasive" to describe actionable conduct. This rather dramatic terminology in fact overstates the …
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Journal Articles
The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.
Reenchanting International Law, Mark C. Modak-Truran
Reenchanting International Law, Mark C. Modak-Truran
Journal Articles
I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.