Law Commons^™

Table Of Contents

South Carolina Law Review

No abstract provided.

The Witch Camps In Northern Ghana, Ernest Teye-Topey

Cardozo Journal of International and Comparative Law

The article examines the systemic human rights violations against elderly women in Northern Ghana, who are accused of witchcraft and subjected to dehumanizing treatment in witch camps. These women face physical abuse, servitude, and social exclusion, perpetuated by cultural beliefs and traditional practices. The article highlights the efforts of human rights organizations and legal bodies to address this issue but emphasizes the need for comprehensive solutions to protect these women and challenge deeply entrenched cultural norms.

Female Genital Mutilation: Marked By Tradition, Isabel Coello

Cardozo Journal of International and Comparative Law

The article examines the pervasive issue of female genital mutilation (FGM), a practice deeply rooted in cultural and religious traditions, which perpetuates gender-based violence and discrimination. It highlights the failure of many governments to effectively implement international human rights treaties to eradicate FGM, despite its severe physical and psychological consequences. The analysis focuses on legal challenges, recent court cases in Spain and France, and the growing recognition of FGM as grounds for political asylum, emphasizing the need for stronger international and domestic policies to protect women's rights.

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul

Cardozo Journal of International and Comparative Law

The article examines the global efforts to combat domestic violence, highlighting the role of international actions and specific initiatives in the United Kingdom, India, and Africa. It emphasizes the importance of legal reforms, awareness campaigns, and the involvement of women's organizations in addressing this issue. The analysis underscores the slow but significant progress made, stressing that societal change is essential for eradicating domestic violence.

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari

Cardozo Journal of International and Comparative Law

The article argues that the gang rapes of Chinese women during the May 1998 Jakarta riots were not spontaneous acts of violence but rather a deliberate strategy of political control and terror. It critiques the Indonesian government's denial and cover-up of these crimes, as well as its efforts to discredit human rights investigations. The analysis highlights how rape was used as a tool to instill fear and maintain power, while the government prioritized protecting its elite interests over justice and accountability.

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

Faculty Publications

No abstract provided.

Practical Magic: A Few Down-To-Earth Suggestions For The New Sentencing Commission, Frank O. Bowman Iii

Faculty Publications

Most of the contributions to this outpouring of advice to the new Sentencing Commissioners have to do with the substance of the Guidelines. What follows here is far more prosaic - some suggestions not about what the Commission should do, but about how the Commission should work. I make these suggestions with some trepidation, recognizing the difficulty of the task the new members have undertaken. However, I hope the perspective of one who practiced before and after the Guidelines as a federal prosecutor, participated in the internal workings of the Commission as Special Counsel in 1995-96, and has been a …

Court Issues Major Ruling On Mediation Confidentiality, Richard C. Reuben

Faculty Publications

A prominent federal court judge has issued an important ruling on mediation confidentiality, one that promises to influence both doctrinal and legislative development.

The case is Olan v Congress Mortgage Co., 1999 WL 909731 (N.D.Cal.), and in it, federal Magistrate Judge Wayne Brazil ultimately compels testimony by a California mediator, despite California's categorical exclusion of evidence arising from mediations. The lengthy opinion is most scholarly, and well worth taking the time to read.

Legal Beagle: Ece's Best Friend May Be The Civil Law, Gerard V. Bradley

Journal Articles

The Everson no-aid principle is still the law, though barely so. We are within sight, meaning that we are within a single vote on the Supreme Court, of return to the tradition described by the bishops. Consummation of this development must loom large in any plan for legal action in light of ECE. Short of the tradition's second coming, the only potential civil law cost of implementing ECE is this: if a Catholic college is deemed to be "pervasively sectarian" then, but only then, "direct" public aid to the institution will be constitutionally suspect. But no court is likely to …

Wiggle Room, Gerard V. Bradley

Journal Articles

Bradley voices his thoughts about reactions to the American bishops implementation of the "canonical requirement that Catholics teaching theological disciplines in colleges and universities have a mandatum from Church authority, usually the local bishop."

Classical Republicanism And The Fifth Amendment’S “Public Use” Requirement, Nathan Alexander Sales

Duke Law Journal

No abstract provided.

Who Needs An Evidence Code?: The New York Court Of Appeals's Radical Re-Evaluation Of Hearsay, Steven Zeidman

Cardozo Law Review

No abstract provided.

Affirmative Action: An International Human Rights Dialogue, Ruth Bader Ginsburg, Deborah Jones Merritt

Cardozo Law Review

No abstract provided.

Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles

Cornell Law Faculty Publications

This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity …

A Defense Of Analogical Reasoning In Law, Emily Sherwin

Cornell Law Faculty Publications

This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace. Notably, these advantages do not depend on the rational force of analogical reasoning. Rather, the author contends that, as open-ended reasoning …

Why “Amateurs”?, Charles T. Clotfelter

Law and Contemporary Problems

No abstract provided.

The Scope Of Volunteer Activity And Public Service, Eleanor Brown

Law and Contemporary Problems

Brown offers an overview of the scope of volunteering in the US, beginning with a definition of volunteers. She then considers the purposes to which volunteer labor is put, and examines some determinates of volunteering, paying particular attention to factors shaping the volunteer activities of the young and the old.

Comment: On Defining And Measuring Volunteering In The United States And Abroad, Emmett D. Carson

Law and Contemporary Problems

No abstract provided.

Community Service Programs In High Schools, Sally A. Raskoff, Richard A. Sundeen

Law and Contemporary Problems

Raskoff and Sundeen examine youth socialization and civic participation through community service among high school students, with special focus on California. The look at high school community service programs --their practices, their collaborative relations with community organizations for which the students volunteer, and the perspectives of students regarding their participation in these school-sponsored programs.

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law and Contemporary Problems

Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.

The Effects Of Volunteering On The Volunteer, John Wilson, Marc Musick

Law and Contemporary Problems

Wilson and Musick review some of the research on the supposed benefits of volunteering and describe briefly some of the results of their own work in this area. There is little doubt that there are individual benefits to be derived from doing volunteer work that reach far beyond the volunteer act itself and may linger long after the volunteer role is relinquished.

Comment: Volunteering And Community Service, Steven Rathgeb Smith

Law and Contemporary Problems

No abstract provided.

Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis

Law and Contemporary Problems

During the summers of 1964 and 1965, more than 300 college students fanned out across the state of North Carolina in a bold campaign to defeat poverty and, as they saw it, to uplift the poor. Korstad and Leloudis trace the history of the North Carolina Fund's Volunteers program, provide an analysis of the contribution that those students made to fighting poverty in the state, and evaluate the impact of that experience on the lives of the Volunteers themselves.

Making The Most Of Volunteers, Jean Baldwin Grossman, Kathryn Furano

Law and Contemporary Problems

Grossman and Furano discuss the elements that experience has shown need to be in place to allow volunteers to be most effective. Drawing from research on mentoring and youth service over the past twenty years, they explore effective volunteer practices, illustrating them with evaluation data and practical examples.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Current Trends In Corporate Governance: Going From London To Milan Via Toronto, Brian R. Cheffins

Duke Journal of Comparative & International Law

No abstract provided.

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra

Duke Journal of Comparative & International Law

No abstract provided.

Reason And Will: A Comment, George C. Christie

Duke Journal of Comparative & International Law

No abstract provided.

Expanding The Choices For The Global Commons: Comparing Newfangled Tradable Allowance Schemes To Old-Fashioned Common Property Regimes, Carol M. Rose

Duke Environmental Law & Policy Forum

No abstract provided.