Law Commons^™

The City Of God And The Cities Of Men: A Response To Jason Carter, Randy Beck

Scholarly Works

Law school seminars sometimes educate the professor as much as the students. That proved true for me in the spring of 2004, when seventeen law students and two colleagues from other departments joined me for a seminar focused on ancient and contemporary perspectives on law found within various Christian theological traditions. One seminar student who repeatedly spurred my own thinking was Jason Carter. Particularly thought provoking was the paper Jason presented in the final weeks of the seminar.

The returns from the 2004 election suggested that Jason had been unusually prescient in his analysis of U.S. religious and political trends. …

For A New Order In The Court, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.

50 slides.

Keep These Branches Untangled, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Opacity Of Transparency, Mark Fenster

UF Law Faculty Publications

The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance, promises the moon -- a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public's engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes …

Reform In Lieu Of Change: Tastes Great, Less Filling, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

In this response to Light, Koppell argues that the increasing frequency of reform may reflect Congress's inability to make significant changes to the substance of entrenched government programs. Moreover, he observes that the more profound evolution in government has been the movement toward the market-based provision of services, which has created a demand for new competencies in the public sector.

Protecting Posterity: Economics, Abortion, Politics, And The Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

New York At A Crossroads: Sustaining A Government Reform Agenda On The Frontlines With Executive, Legislative And Judicial Reform Initiatives (Introduction To Symposium: Refinement Or Reinvention: The State Of Reform In New York), Patricia E. Salkin

Scholarly Works

No abstract provided.

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Scholarly Works

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …

The Beleaguered Gatekeeper: Protection Challenges Posed By Unhcr Refugee Status Determination, Michael Kagan

Scholarly Works

The number of individual Refugee Status Determination (RSD) applications received by United Nations High Commissioner for Refugees (UNHCR) offices worldwide nearly doubled from 1997 to 2001, while UNHCR’s RSD operations have been criticized for failing to implement basic standards of procedural fairness. Yet, although there is some literature critiquing how UNHCR determines refugee status, there is little literature examining whether UNHCR should do so, and if it should, when, where, and under what conditions.

UNHCR performance of RSD poses protection challenges because it is founded on a basic contradiction. On the one hand, government action is essential for effective refugee …

Vine Deloria Jr. And Indigenous Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria Jr., a Standing Rock Sioux citizen, widely considered the leading indigenous intellectual of the past century, walked on in November 2005. Deloria spent most of his adult life in an unrelenting, prodigious, and largely successful effort to provide those most grounded of Native individuals and their governments with the intellectual, theoretical, philosophical, and substantive arguments necessary to support their inherent personal and national sovereignty. Importantly, however, his voluminous work also sought to improve the nation-to-nation and intergovernmental relationships of and between First Nations, and between First Nations and non-Native governments at all levels. In fact, he was hailed …

Japanese Government Policy And The Reality Of The Lives Of The Zanryu Fujin, Rowena G. Ward

Faculty of Law, Humanities and the Arts - Papers (Archive)

The zanryu fujin, (or stranded war wives) are former Japanese female emigrants to Manchuria who, for various reasons, remained in China at the end of World War Two. They were for a long time the forgotten members of Japan's imperialist past. The reasons why the women did not undergo repatriation during the years up to 1958, when large numbers of the former colonial emigrants returned to Japan, are varied, but in many cases, their 'Chinese' families played some part. The stories of survival by these women during the period immediately after the entry of Russia into the Pacific War …