Law Commons^™

Contract Support Funding And The Federal Policy Of Indian Tribal Self-Determination, S. Bobo Dean

Tulsa Law Review

No abstract provided.

Uniform Laws: Possible Useful Tribal Legislation, Fred H. Miller, Duchess Bartmess

Tulsa Law Review

No abstract provided.

Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright

Chicago-Kent Law Review

This Article offers fresh insight into the controversial issue of hate speech regulation by borrowing major themes from the works of Hans-Georg Gadamer and Jürgen Habermas. Wright emphasizes Gadamer's connection between language and historical traditions to demonstrate how hate speech differs from any real attempt at genuine speaking. Wright then focuses on Habermas's notion of a communicative ideal that helps differentiate between speakers who intend to invite open discourse and typical epithet speakers who likely have no such purpose. Wright concludes that the contributions of Gadamer and Habermas enable us to determine what types of speech promote the values underlying …

The Court's Use Of The Implicit Divestiture Doctrine To Implement Its Imperfect Notion Of Federalism In Indian Country, Alex Tallchief Skibine

Tulsa Law Review

No abstract provided.

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

University of Pennsylvania Law Review

No abstract provided.

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

Chicago-Kent Law Review

In his recent book, Cultural Software, Jack Balkin offers a new approach to ideology and critical theory in an effort to overcome the deficiencies he finds in Hans-Georg Gadamer's hermeneutical account. This Article demonstrates that the productive aspects of Balkin's theory are central to Gadamer's philosophy, and the unproductive elements in Balkin's theory are best explained by his deviation from Gadamer's philosophical hermeneutics. Mootz rejects Balkin's transcendental argument in favor of Gadamer's insistence that critique is a feature of hermeneutical experience and that critical theory is the practice of maximizing the critical distance that occurs only within hermeneutical engagements. …

Recent Works On The History Of U.S. Indian Policy, Tim Alan Garrison

Tulsa Law Review

No abstract provided.

Torts, Deron R. Hicks, Jacob E. Daly

Mercer Law Review

• Dog Bite
• Intentional Infliction of Emotional Distress
• Premises Liability
• Carriers
• Products Liability
• Bovine Jurisprudence

Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby

Chicago-Kent Law Review

Contrary to popular belief, career-type employment practices remain the norm in the U.S. labor market, and employers continue to shoulder risks for employees. Evidence to support this claim is drawn from a variety of sources: data on tenure and mobility; analysis of new job creation and job quality; recent employer responses to labor-market tightness; and data on wage premiums, fringe benefits, and training. Yet employees are bearing more risk today, including risk of job loss and of compensation fluctuations. This is an important change from the past. Nevertheless, there are limits—economic, demographic, and political—to the risk-shifting process.

Full Faith And Credit: Are Oklahoma Tribal Courts Finally Getting The Respect They Deserve , Shelly Grunsted, Joseph H. Webster

Tulsa Law Review

No abstract provided.

The Achilles' Heel Of Dress Codes: The Definition Of Proper Attire In Public Schools, Rob Killen

Tulsa Law Review

No abstract provided.

Table Of Contents

Tulsa Law Review

No abstract provided.

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Introduction, Yvonne Kauger

Tulsa Law Review

No abstract provided.

The New Value Exception To The Absolute Priority Rule After In Re 203 N. Lasalle Street Partnership: What Should Bankruptcy Courts Do, And How Can Congress Help, Hieu T. Hoang

University of Pennsylvania Law Review

No abstract provided.

The Unfounded Fear Of Regulation S: Empirical Evidence On Offshore Securities Offerings , Stephen J. Choi

Duke Law Journal

Regulation S provides U. S. issuers with an exemption from the registration requirements of the Securities Act of 1933 to the extent that securities are offered and sold solely outside the United States. Through resales back into the United States, however, U. S. investors may become exposed to unregistered securities initially distributed abroad through Regulation S. This Article identifies two distinct risks from an offshore securities offering. First, issuers may conduct an offering under Regulation S as a means to sell securities indirectly into the United States through resales in situations where the U. S. secondary market overvalues the issuer's …

Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii

Mercer Law Review

This Article surveys recent developments in Georgia's corporate, securities, partnership and banking law. It covers noteworthy cases decided during the survey period' by the Georgia appellate courts, United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals. Also included in this Article are highlights of recent revisions to the Official Code of Georgia Annotated ("O.C.G.A.").

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

Of the domestic relations appellate cases decided during the survey period, eighteen are digested here.' As has been the recent trend, the Legislature and the appellate courts have continued to focus primarily on issues surrounding children.

• Divorce
• Child Custody
• Legitimation
• Child Support
• Alimony

Note From The Editor

Alaska Law Review

No abstract provided.

A Brief Analysis Of After-Acquired Evidence In Employment Cases: A Proposed Model For Alaska (And Points South), Gregory S. Fisher

Alaska Law Review

No abstract provided.

More Than Just A Private Affair: Is The Practice Of Incarcerating Alaska Prisoners In Private Out-Of-State Prisons Unconstitutional?, Shymeka L. Hunter

Alaska Law Review

No abstract provided.

The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.

A Modest Proposal: The “Reasonable Victim” Standard And Alaska Employers’ Affirmative Defense To Vicarious Liability For Sexual Harassment, Kamla Alexander

Alaska Law Review

No abstract provided.

Anchorage: Gaming Capital Of The Pacific Rim, A. Gregory Gibbs

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Legal Ethics, L. Ray Patterson, William P. Smith Iii

Mercer Law Review

Two events of particular importance to Georgia lawyers occurred during the survey period. First, the Supreme Court of Georgia adopted The Georgia Rules of Professional Conduct on June 12, 2000 to become effective January 1, 2001. The basis for the new rules is the American Bar Association ("ABA") Model Rules of Professional Conduct, adopted by the ABA in 1983 to supersede the ABA Model Code of Professional Responsibility. The new code will replace both the Georgia Code of Professional Responsibility and the Standards of the State Bar Rules. Second, the American Law Institute adopted the Restatement of the Law Governing …

"Garbage In, Garbage Out": The Litigation Implosion Over The Unconstitutional Organization And Jurisdiction Of The City Court Of Atlanta, Edward C. Brewer Iii

Mercer Law Review

The City Court of Atlanta, the primary traffic court for Atlanta, Georgia, has exercised jurisdiction since 1996 over more than one million traffic violations and, since 1988 and under two statutes, some fifty thousand nontraffic misdemeanors. The City Court's first predecessor, the Traffic Court of Atlanta, adjudicated traffic law violations from 1955 to 1967 and was replaced in 1967 by a second court, also known as the City Court, which existed until 1996. That City Court's jurisdiction was expanded in 1988 to include nontraffic misdemeanors arising from the same occurrence as the traffic violation. In 1996 the City Court was …

Evidence, Marc T. Treadwell

Mercer Law Review

Hard cases, it is said, make bad law. Criminal prosecutions for child molestation and abuse are likely the hardest cases of all. Apart from their horrific facts, they present tremendous evidentiary challenges to prosecutors, primarily because of the victims' youth. Consequently, Georgia's appellate courts have repeatedly fashioned new evidentiary rules to assist prosecutors in such cases. Whether these hard cases make bad law no doubt depends on one's perspective. Without question, however, appeals involving child molestation and abuse continue to make new law, and the current survey period was no exception.