Law Commons^™

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

William & Mary Bill of Rights Journal

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …

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.

Salt Equalizer, Vol. 2000, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eric S. Janus, A Focus on Access to the Legal Profession, at 1.

Carol Chomsky & Margaret Montoya, Presidents' Column, at 1.

Joan Howarth, Report from the Bar Exam Task Force, at 2.

Cover Conference Scheduled for March 2-4 in New Hampshire, at 3.

Jane Dolkart, Theresa Glennon & Peter Margulies, The Robert Cover Workshop, at 3.

Theresa Glennon & Peter Margulies, Improving Law School Admissions Now, at 3.

Sylvia A. Law, SALT Honors Found and First President Norman Dorsen, at 4.

Norman Dorsen's Acceptance, at 5.

Deborah …

The Mixed Messages Of Title Ix, Sherman J. Clark

University of Michigan Journal of Law Reform

Introduction to a University of Michigan Journal of Law Reform Symposium entitled Competing in the 21st Century: Title IX, Gender Equity, and Athletics.

Table Of Contents - Issue 2, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Law As Interpretation, Charles W. Collier

Chicago-Kent Law Review

This Article situates the field of law within the interpretive disciplines and analyzes a number of key legal issues as problems of interpretation. The discussion begins with some historically important interpretive paradigms and methodological metaphors in the natural sciences, the humanities, and the social sciences. Then, within the field of law, a common law narrative, a constitutional narrative, and a community-society paradigm are described and explicated as basic interpretive frameworks of legal decision making.

Borders Or Horizons? Gadamer And Habermas Revisited, Fred R. Dallmayr

Chicago-Kent Law Review

In this Article, Dallmayr examines the status of borders and demarcations. Are borders markers of separation and exclusion, or are they more like hyphens or horizons indicating a correlation without sameness, a distinctness opening up to alterity? This Article investigates this question by returning to the -so-called "Gadamer-Habermas Debate." While Part I recapitulates some of Hans-Georg Gadamer's teachings, especially with reference to a "universal hermeneutics," Part II reviews some of Jürgen Habermas's critical rejoinders and initiatives aiming basically at a parceling of forms of human knowledge. In the concluding part, an effort is made to highlight the significance of the …

Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri

Chicago-Kent Law Review

This Article seeks a model for a constitutional hermeneutics in an examination of two key debates in philosophical hermeneutics—the Gadamer-Betti debate over the role of author's meaning in interpretation and the Gadamer-Habermas debate over transcendence and critique. It compares these to the framers' intent and nonoriginalism disputes in constitutional theory. But the result is not another method of constitutional interpretation. Rather it is a hermeneutically informed way of viewing the practice of constitutional adjudication itself.

Nonmajority Unions, Employee Participation Programs, And Worker Organizing: Irreconcilable Differences?, Carol Brooke

Chicago-Kent Law Review

The debate over section 8(a)(2) of the National Labor Relations Act and the appropriate role of employer-sponsored employee participation plans ("EPPs") in the workplace coincides with growing attention to the usefulness of nonmajority unions ("NMUs") in providing a voice for workers. This Note examines the effectiveness of an NMU in a manufacturing plant in rural North Carolina, and the interaction of that worker-run organization with EPPs established by management. The experience of these workers suggests that section 8(a)(2) should be amended to require employers with EPPs to offer equal support and assistance to NMUs.

Religious Conservatives And The Death Penalty, Thomas C. Berg

William & Mary Bill of Rights Journal

With the increased fervor surrounding the death penalty, many religious sects have re-examined their position on this issue. New statistics concerning possible discrimination in the application of the death penalty prompted several religious groups to call for a moratorium on the death penalty. In this Essay, Professor Thomas C. Berg examines how religious conservatives, especially Roman Catholics and evangelical Protestants, have dealt with the recent concerns over the death penalty. Part I of the Essay documents how Roman Catholics and evangelical Protestants traditionally approach the death penalty. In this section, Professor Berg concludes that critics of the death penalty can …

Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson

William & Mary Bill of Rights Journal

No abstract provided.

Assessing The Potential Impact Of The Proposed Hague Jurisdiction And Judgments Convention On Human Rights Litigation In The United States, Thomas E. Vanderbloemen

Duke Law Journal

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Korean Attitues Towards Law, Chan Jin Kim

Washington International Law Journal

Transformation is the key word to explain the Korean attitudes towards law. In the early 1950's, nation building gave impetus to economic growth and allowed Korea to quickly pass through the preliminary stages of development. Industrialization, urbanization and eventual emigration of the populace have, in many senses, displaced the traditional social value system based on Confucianism. However, a new value system has yet to take hold. The lack of such guidelines has left Koreans in a state of confusion in a world that continues to change. The Korean Constitution clearly mandates equal protection under the laws for all Koreans. However, …

One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs

Washington International Law Journal

The Ng Ka Ling decision by the Hong Kong Court of Final Appeals and its reversal by the Standing Committee of China's National People's Congress, raise serious concerns regarding the adequacy of judicial review and the protection of the rule of law in the new special administrative regions under China's "One Country, Two Systems" approach. Judicial review lies at the forefront of this controversy because it largely delineates the contours of local autonomy and the extent to which those who experience legal violations will have remedies. This Comment explores the roots of the conflict in Hong Kong and examines whether …

The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler

West Virginia Law Review

No abstract provided.

Title Page, North Carolina Law Review

North Carolina Law Review

No abstract provided.

The Puzzling Case Of The Revenue-Maximizing Lottery, Lawrence Zelenak

North Carolina Law Review

No abstract provided.

Helping Those Who Help Themselves: The Fourth Circuit's Treatment Of Agreements To Arbitrate Statutory Employment Discrimination Claims In Brown V. Abf Freight Systems, Inc. And Eeoc V. Waffle House, Inc., John E. Taylor

North Carolina Law Review

No abstract provided.

Application Of The Doctrine Of Equivalents To Means Plus Function Claims: Wms Gaming Inc. V. International Game Technology, John N. Kandara

Duke Law Journal

No abstract provided.

The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii

Federal Communications Law Journal

Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling, filed by …

Increasing Telephone Penetration Rates And Promoting Economic Development On Tribal Lands: A Proposal To Solve The Tribal And State Jurisdictional Problems, Jennifer L. King

Federal Communications Law Journal

Under the Telecommunications Act of 1996, Congress instructed the FCC to ensure that all Americans have access to affordable telecommunications services. Consistent with that mandate, the FCC implemented a series of public hearings to discuss with tribes the issues they face concerning low telephone penetration rates. The FCC recommended investigation of universal service in unserved and underserved areas because telephone penetration rates among low-income consumers on tribal lands lagged behind rates in the rest of the country. From these hearings, the FCC proposed a jurisdictional framework to determine which eligible carriers would be under tribal, state, or federal jurisdiction. This …

Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony And Other Technological Advancements In Rural And Insular Regions, Emily L. Dawson

Federal Communications Law Journal

Universal service is a public policy initiative designed to ensure that all United States citizens receive widespread access to affordable telecommunications services. Customers in high-cost service regions such as rural and insular areas are typically excluded from the latest telecommunications technology. Most large carriers serving these regions prefer to implement technological updates in urban areas where profit margins are higher while allowing the rural infrastructure to deteriorate. The Federal Universal Service Fund currently offers subsidies to telecommunications providers serving high-cost regions, but the FCC has announced efforts to reform the subsidy allocation system that could potentially impede technological advancement in …

Gadamer, Heidegger, And The Social Dimensions Of Language: Reflections On The Critical Potential Of Hermeneutical Philosophy, Ingrid Scheibler

Chicago-Kent Law Review

Beginning with an account of recent efforts, like Georgia Warnke's, to demonstrate Hans-Georg Gadamer's relevance to legal theory, this Article looks at Gadamer's conception of language and tradition, claiming that, while he shares important features of Heidegger's thought, Gadamer productively grounds his view of language and tradition in such a way that the everyday realm of public discourse, characterized by a healthy injunction to foster reasoned debate amongst divergent perspectives and interpretations, has a vital and integral role to play. While Gadamer criticizes the Enlightenment's hostility to tradition, paradoxically, his concept of linguistically mediated tradition has far more in common …

The Doping Crisis In International Athletic Competition: Lessons From The Chinese Doping Scandal In Women's Swimming, David Galluzzi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Tort Law - Recreational Activity - Standard Of Care - Co-Participants In Recreational Activities Owe Each Other A Duty Not To Act Recklessly - Ritchie-Gamester V. City Of Berkley, 597 N.W.2d 517 (Mich. 1999)., Melissa Cohen

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Conscripting State Law To Protect Volunteers: The Odd Formulation Of Federalism In "Opt-Out" Preemption, Alfred R. Light

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Athlete Agent Solicitation Of Athlete Clients: Statutory Authorization And Prohibition, Diane Sudia, Rob Remis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Cancellation Of The Washington Redskins' Federal Trademark Registrations: Should Sports Team Names, Mascots And Logos Contain Native American Symbolism?, Kristin E. Behrendt

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Statutory Regulation Of Agent Gifts To Athletes, Diane Sudia, Rob Remis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.