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Full-Text Articles in Law

Compelling Interest, Forbidden Aim: The Antinomy Of Grutter And Gratz, Patrick S. Shin Dec 2005

Compelling Interest, Forbidden Aim: The Antinomy Of Grutter And Gratz, Patrick S. Shin

Suffolk University Law School Faculty Works

This article explores the tension between the Grutter Court's capacious account of the value of racial diversity, on the one hand, and the Gratz Court's insistence on the constraining mechanism of individualized consideration, on the other. The article examines whether the promotion of diversity as a compelling interest can be reconciled with the requirement of individualized consideration under any coherent principle of equal treatment. The article concludes that the only way this can be done is to interpret the cases as rejecting the proposition that 'racial' diversity represents a compelling governmental interest and as implicitly adopting, instead, the idea that …


Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson Nov 2005

Improving Legal Writing: A Life-Long Learning Process And Continuing Professional Challenge, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

This article shows why lawyers must improve their writing skills beyond law school, throughout their careers, and why the legal profession must join the legal academy in working to improve them. It offers recommendations that the legal profession can implement to combine efforts with academia to meet the challenge of improving legal writing. Academia and the legal profession agree that lawyers write poorly; however, how, when, and who should improve writing skills needs examination. For pragmatic and pedagogical reasons, a united effort between academia and the legal profession is required to meet the challenge of improving legal writing. Writing is …


Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham Jan 2005

Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham

Suffolk University Law School Faculty Works

This paper, following on Michael F. Brown's Who Owns Native Culture?, suggests that intellectual property law, negotiation, and human rights precepts can work together to address indigenous claims to heritage protection. Granting intellectual property rights in such spheres as traditional knowledge and folklore does not threaten the public domain in the same way that expansion of intellectual property rights in more commercial spheres does. It is not so much a question of the public domain versus corporate and indigenous interests, as it is a question of the impact corporate interests have had on the indigenous claims. Indeed indigenous peoples' claims …