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Full-Text Articles in Law
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Faculty Articles
This article has two purposes; the first is to assess the value of certification requirements by describing their operation in foreign affairs legislation and by accounting for their use and the controversies that attend them. The second purpose of this article is to suggest ways to minimize the costs of certification requirements. The findings are presented in four sections. The author begins by sketching the features of certification requirements in current legislation. Next, the author discusses the constitutional background out of which these requirements arise. Then, in what forms the greater part of this article, the author describes and evaluates …
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
Faculty Articles
When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Faculty Articles
Sailing and designing memo assignments have a lot in common. At first, both can seem overwhelming - so much to learn, so much to organize sequentially, and so much to get right in a short period of time. Mistakes mean instability, lost time, and possibly capsizing. Avoiding the mistakes, a good skipper can break through to clean water and good air, and teaching writing can be exhilarating. The students and teacher both benefit from and enjoy working with an ideal memo assignment. The process is critical, but the destination is key. No memo assignment is effective if it results in …
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
Professor Lustbader discusses how applying the seven principles to legal education can be done without a complete overhaul of legal pedagogy—several of the principles are now evident in many law schools. Professor Lustbader uses quotations from students to show how the seven principles help to create a more effective learning environment for students. Since the principles maximize the students learning experience, as graduates they will be better prepared to server their clients.
Imperatives, Normativity, And The Law, Gregory Silverman
Imperatives, Normativity, And The Law, Gregory Silverman
Faculty Articles
In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
Faculty Articles
Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
This is one of seven articles from a symposium applying to law school the Principles of Good Teaching Practices that were developed for undergraduate educators. The article presents a good overview of the general issues that impact diverse students such as the institutional climate, admission and selection criteria, academic policies, student support program, curriculum, and law school pedagogy. It provides some concrete suggestions on how law schools can enhance learning. It is a good primer for ASP professionals because it points out the various factors that can hinder students' learning or academic performance.
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
Faculty Articles
The authors, themselves writing advisors at The John Marshall Law School and Seattle University School of Law respectively, have recently surveyed both Directors of Legal Writing and Writing Advisors across the country to learn more about the phenomena of Writing Advisors in law schools. This article will report the results of that survey. First, however, the authors will give a brief history of the events surrounding the arrival of Writing Advisors at law schools, including the rise of the writing-across-the-curriculum (WAC) movement, and then they will describe how these events set the stage for Writing Advisors at law schools. Second, …
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Faculty Articles
This review essay critically interrogates the discourse and practice of development. It is argued that models of alternative development remain imprisoned in the ontological categories of the development project, an ideological and institutional devise to consolidate the hegemony of the West over the rest. Finally, a framework to explore alternatives to development is suggested.
The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton
The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton
Faculty Articles
Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Faculty Articles
Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
Faculty Articles
This article suggests that copyright law can cover soundalike musical recordings. First, the facts and holding of Midler will be discussed as well as the court's motivation for not deciding the case on a copyright infringement basis. Second, an historical background for copyright infringement of music follows. This section involves a discussion of copyright infringement, parody, and fair use as well as a summary of existing case law regarding each topic. After an illustration of the dilemma of what copyright may protect involving the jazz-rock band Blood, Sweat & Tears, the focus shifts to what could have been done to …
Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud
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 …
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Faculty Articles
Professor Robert Chang reviews Professor Eric Yamamoto’s Interracial Justice: Conflict And Reconciliation In Post-Civil Rights America. Professor Chang illustrates the analytic framework in Interracial Justice that shows us some of the ingredients necessary for a successful resolution. This book is the culmination of several years of activist lawyering and academic writing. In his book, Professor Yamamoto shares the lessons he has learned as an advocate and law professor.
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Faculty Articles
In this introduction, Professors Margaret Chon and Keith Aoki situate both Professor Yamamoto's work and the articles that respond to it. They also follow Yamamoto's advice and "perform" critical race praxis as it might relate to legal education and legal scholarship. Thus, the latter part of this introduction takes the form of an epistolary exchange, culled loosely from various e-mail messages between Professors Aoki and Chon. It is intended (in both form and content) to illustrate how conceptual tools that Yamamoto provides can be used to address the intergroup racial justice issues that permeate law schools.