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Articles

2001

Discipline
Institution
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Articles 31 - 60 of 149

Full-Text Articles in Law

The Search For Incontrovertible Visual Evidence, Paul F. Campos Jan 2001

The Search For Incontrovertible Visual Evidence, Paul F. Campos

Articles

No abstract provided.


Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan Jan 2001

Rights Of Sexual Minorities In Ireland And Europe: Rhetoric Versus Reality, Bruce Carolan

Articles

Superficially, Irish and European Community law proclaim the rights of sexual minorities - particularly in web sites and printed information designed for public consumption. The reality is different. This article identifies a gap between the public pronouncements on the rights of sexual minorities under Irish and EC law. It employs a hypothetical fact situation to suggest that existing legal protections are anemic, and argues that the potential failure of affected groups to identify these deficiencies (due to contradictory claims in public information campaigns) could endanger efforts to effect progressive change.


The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr. Jan 2001

The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.

Articles

Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.

Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a ...


Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff Jan 2001

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Articles

No abstract provided.


Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman Jan 2001

Mandatory Fee Arbitration Under New York's Matrimonial Rules, Lester Brickman

Articles

Attorney-client fee arbitration is a subject of burgeoning interest to the bar and to scholars as well. Several years ago, I agreed to write an article on the substantive issues raised by fee arbitration as part of an analysis of New York's then newly adopted mandatory fee arbitration rule. Contacting other mandatory arbitration programs to request copies of the manuals they provided to fee arbitrators, I learned that no such manuals existed. Writing on a tabula rosa, I wrote an analysis of the substantive tasks in fee arbitration that could be adopted for use as part of a training ...


Avoidance Theory According To Steve Nickles, David Gray Carlson Jan 2001

Avoidance Theory According To Steve Nickles, David Gray Carlson

Articles

No abstract provided.


Hegel’S Theory Of Quality, David Gray Carlson Jan 2001

Hegel’S Theory Of Quality, David Gray Carlson

Articles

This article assesses the opening three chapters of Hegel's monumental "Science of Logic," a work largely unknown in the United States but recognized in Europe as the foundation of Hegel's impressive philosophical edifice. Hegel's task was to develop a foundation-free philosophy, in which the inherent contradictions in concepts caused the self-destruction of the concept and the generation of a new, improved concept. Hegel begins his work by examining the concept of Pure Being. Being itself shows to be finite, however. Being repeals itself and propels itself into thought. "Reality" therefore gives way to "ideality." Upon entering the ...


Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich Jan 2001

Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich

Articles

No abstract provided.


Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie Jan 2001

Liability For Increased Risk Of Harm: A Lawyer's Response To Professor Shafer, Melanie B. Leslie

Articles

No abstract provided.


The Newness Of New Technology, Monroe E. Price Jan 2001

The Newness Of New Technology, Monroe E. Price

Articles

No abstract provided.


The Rightness And Utility Of Voluntary Repatriation, David Rudenstine Jan 2001

The Rightness And Utility Of Voluntary Repatriation, David Rudenstine

Articles

No abstract provided.


Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine Jan 2001

Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine

Articles

No abstract provided.


A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine Jan 2001

A Tale Of Three Documents: Lord Elgin And The Missing, Historic 1801 Ottoman Document, David Rudenstine

Articles

No abstract provided.


Just So Stories: Posnerian Methodology, Jeanne L. Schroeder Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

Articles

No abstract provided.


Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles Jan 2001

Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles

Articles

In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.


Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens Jan 2001

Law, Economics, Andthe Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.


Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky Jan 2001

Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky

Articles

No abstract provided.


Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich Jan 2001

Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich

Articles

No abstract provided.


Reading The Clean Air Act After Brown & Williamson, Michael Herz Jan 2001

Reading The Clean Air Act After Brown & Williamson, Michael Herz

Articles

No abstract provided.


Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck Jan 2001

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Articles

No abstract provided.


The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Articles

No abstract provided.


Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs Jan 2001

Insiders And Outsiders: What The American Law Institute Has Done For Gay And Lesbian Families, Mary I. Coombs

Articles

No abstract provided.


Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker Jan 2001

Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

Articles

No abstract provided.


A Better Analogy: "Jews," "Homosexuals," And The Inclusion Of Sexual Orientation As A Forbidden Characteristic In Antidiscrimination Laws, Marc A. Fajer Jan 2001

A Better Analogy: "Jews," "Homosexuals," And The Inclusion Of Sexual Orientation As A Forbidden Characteristic In Antidiscrimination Laws, Marc A. Fajer

Articles

No abstract provided.


Professionalism, Oversight, And Institution-Balancing: The Supreme Court's "Second Best" Plan For Political Debate On Television, Lili Levi Jan 2001

Professionalism, Oversight, And Institution-Balancing: The Supreme Court's "Second Best" Plan For Political Debate On Television, Lili Levi

Articles

Televised political debates have become a staple of modern elections. Proponents of open access to such debates argue that third party participation is a democratic necessity. They see as catastrophic the Supreme Court's decision in Arkansas Educational Television Commission v. Forbes, in which a state broadcaster was given the discretion to exclude a minor party candidate from a televised debate so long as the decision was viewpoint-neutral. This Article reads the Court's decision as a functional, "second best" solution that seeks to mediate the expressive and democratic values implicated in both open and closed access models. More generally ...


State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore Jan 2001

State Joint Employer Liability Laws And Pro Se Back Wage Claims In The Garment Industry: A Federalist Approach To A National Crisis, Andrew Elmore

Articles

No abstract provided.


Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge Jan 2001

Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

Articles

No abstract provided.


The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge Jan 2001

The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge

Articles

No abstract provided.


Afterword To Latcrit V Symposium Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes Jan 2001

Afterword To Latcrit V Symposium Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran Jan 2001

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Articles

There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.

Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to ...