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Articles 1 - 30 of 35
Full-Text Articles in Law
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Telling Stories About Cases And Clients: The Ethics Of Narrative, Binny Miller
Articles in Law Reviews & Other Academic Journals
In recent years, narrative has achieved great prominence in legal scholarship and in much other academic work, although the concept is not new. The legal realists always have emphasized the importance of stories; as long ago as 1941, Karl Llewellyn published case studies of the Cheyenne and their dispute settlement practices. In step with the popularity of narrative in legal scholarship, stories about the individuals behind the legal doctrine are increasingly common. While the terms "narrative" and "story" are sometimes used interchangeably, they are not quite the same thing.
After Seattle: Public International Organizations, Non-Governmental Organizations (Ngos), And Democratic Legitimacy In An Era Of Globalization: An Essay In Contested Legitimacy, Kenneth Anderson
Working Papers
This working monograph (about 120,000 words) analyzes the relationship between public international organizations such as the United Nations system and international non-governmental organizations under conditions of globalization.It argues that international organizations and international NGOs are locked in an embrace of mutual legitimation, each giving the other important political legitimacy, in favor of liberal internationalism and at the expense of democratic sovereignty. The monograph argues that the legitimacy that each gives the other is based on flawed assumptions about the nature of civil society and "international civil society," on the one hand, and global governance and the possibilities of international, global …
Entering The 21st Century: Competition Policy In The World Of B2b Electronic Marketplaces, Jonathan Baker
Entering The 21st Century: Competition Policy In The World Of B2b Electronic Marketplaces, Jonathan Baker
Presentations
B2Bs are business-to-business electronic marketplaces that use the Internet to electronically connect businesses to each other. They have been characterized as the new business development most likely to transform how business is conducted in the twenty-first century. Largely unheard of only a few years ago, B2Bs are now estimated to handle billions of dollars in purchases, and although it is difficult to gauge the reliability of such predictions, some estimate that the volume of commerce transacted through B2Bs will reach into the trillions of dollars over the next five years.Given the importance of this new business development, the Federal Trae …
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson
Book Reviews
Review essay on National Reading Panel, Teaching Children to Read: An Evidence-Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction; G. Coles, Reading Lessons: The Debate Over Literacy; G. Coles, Misreading Reading: The Bad Science That Hurts Children; M. Stout, The Feel-Good Curriculum: The Dumbing Down of America's Kids in the Name of Self-Esteem; D. McGuinness, Why Our Children Can't Read and What We Can Do About It. What is it about teaching reading that arouses such passions in Americans? Shall we have phonics or whole language or both? Why this debate should be …
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Pulliam V. Coastal Emergency Services Of Richmond, Inc.: Reconsidering The Standard Of Review And Constitutionality Of Virginia's Medical Malpractice, Elizabeth Keith
Articles in Law Reviews & Other Academic Journals
Consider the following scenario. A plaintiff is injured in a devastating automobile accident and a jury finds the other driver negligent. As a result of that driver's negligence, the plaintiff is now a quadriplegic. The jury, after careful deliberation and calculation, awards $4.5 million to the plaintiff consisting of both economic damages for past and future medical expenses, as well as non-economic damages for pain and suffering and loss of enjoyment of life. Now consider a similar scenario. The plaintiff is a patient who is injured during a low-risk surgical procedure and a jury finds the surgeon negligent. As a …
The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson
The Ottawa Convention Banning Landmines, The Role Of International Non-Governmental Organizations And The Idea Of International Civil Society, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Establishment of the Ottawa Convention Banning Landmines was regarded by many international law scholars, international activists, diplomats and international organization personnel as a defining, 'democratizing' change in the way international law is made. By bringing international NGOs - what is often called 'international civil society' - into the diplomatic and international law-making process, many believe that the Ottawa Convention represented both a democratization of, and a new source of legitimacy for, international law, in part because it was presumably made 'from below'. This article sharply questions whether the Ottawa Convention and the process leading up to it represents and real …
Get Smart: The Rise Of Authoritarianism And Our Crackpot Culture, Kenneth Anderson
Get Smart: The Rise Of Authoritarianism And Our Crackpot Culture, Kenneth Anderson
Book Reviews
Review of "Sleeping With Extra-Terrestrials: The Rise of Irrationalism and Perils of Piety", by Wendy Kaminer, Pantheon (2000)Abstract:This essay reviews a book by distinguished cultural critic Wendy Kaminer on the rise in American society of culturally and politically powerful forces of irrational belief that have become increasingly able to impose what amounts to their private pieties on the polity and the public square. Kaminer has a wide range of targets in mind, ranging across the religious and belief spectrum, from Christian creationists to New Age occultists. She argues that the prevalent multicultural ethic gives them ground to demand that their …
Disneyworld Is Not Enough, Kenneth Anderson
Disneyworld Is Not Enough, Kenneth Anderson
Book Reviews
Review of The Mouse That Roared: Disney and the end of innocence, by Henry A. Giroux. Rowman and Littlefield, 12 Hid's Copse Road, Cumnor Hill, OxfordThis essay reviews a book of cultural criticism directed against what the author, Henry Giroux, regards as the corporate manipulation of culture, particularly the culture of children, by corporate interests, particularly the Disney company. The review argues that, contrary to Giroux's argument, Disney and such corporations relentlessly press the message of American left-liberal politically correct piety.
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Reports
A report on the situation of Roma and Sinti in the OSCE area with regard to discrimination and racial violence, education, living conditions and political participation.The Report on the Situation of Roma and Sinti in the OSCE Area contains detailed information on discrimination and racial violence, education, living conditions and political participation. It also includes recommendations on these issues.Publisher: Organization for Security and Co-operation in Europe available at https://www.osce.org/hcnm/32350
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff
Why Lesbians And Gay Men Should Read Martha Fineman, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i
Articles in Law Reviews & Other Academic Journals
The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
The Settlement Of Investment Disputes Between States And Private Parties - An Overview From The Perspective Of The Icc, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Imprint Of Kosovo On International Law, Diane Orentlicher
The Imprint Of Kosovo On International Law, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Building The World Community: Challenges For Legal Education, Claudio Grossman
Building The World Community: Challenges For Legal Education, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman
Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson
Guest Editor's Introduction To The Symposium: War And The United States Military, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Millennia come and millennia go, and the fact of war remains unchanged. People still fight for territory, the land of their fathers, Lebensraum, control of the seas, gold, silver and diamonds, oil, water, pillage and the spoils of war, resources of all kinds, the glorification of leaders, gods of many faiths, politics, ideology, conquest, the establishment, peace and stability of empires, the right to be left alone, and sometimes, so we are told, justice, resistance to aggression, and the preservation of peace. Measured in millennial time, very little about war has changed, and, further, nothing distinguished the passage from 1999 …
Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker
Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
“The Possibility Of A Beloved Place”: Residents And Placemaking In Public Housing Communities., Susan Bennett
“The Possibility Of A Beloved Place”: Residents And Placemaking In Public Housing Communities., Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Conflicts Between U.S. Law And International Treaties Concerning Geographical Indications, Christine Farley
Articles in Law Reviews & Other Academic Journals
It should not be surprising that the United States is not a major proponent of the protection of geographical indications. Countries that stand to benefit the most from this protection are those that have a long history of traditional industries, such as many European countries. These historical differences may help explain the stance that the United States has taken with regard to the protection of geographical indications, as compared to its stance towards other intellectual property rights negotiated in TRIPs Agreement. But the inability of the U.S. to benefit to the same extent as European countries, because of its apparent …
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
Women In Law, Susan Carle
Reflections On Being A Law School Dean In An Interconnected World, Claudio Grossman
Reflections On Being A Law School Dean In An Interconnected World, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
After reaching a certain level of momentum, a law school can pretty much run itself. Even in the absence of leadership, the law school will continue to function as it has in the past; students will come each year, and classes will be held. A sort of inertia results, in which nothing changes; things continue as they always have. Inertia is a dangerous thing in education, and it is the responsibility of the law school's dean to prevent it. A law school dean is charged with contributing to the development of a vision that will guide the law school in …
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Nato Intervention On Trial: The Legal Case That Was Never Made, Paul Williams, Michael Scharff
Articles in Law Reviews & Other Academic Journals
The United States and its NATO allies have defended the air strikes against Yugoslavia on moral grounds (to stop atrocities) and security grounds (to prevent the conflict from spilling over to neighboring European countries), but curiously they have never articulated a legal justification for the intervention. The nearest the NATO countries have come to articulating a legal rationale has been to cite various resolutions of the Security Council, in which the Council has determined that the actions of Yugoslavia in Kosovo constitute a threat to peace and security in the region and, pursuant to Chapter VII of the UN Charter, …
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
The Index Of Individual Case Reports Of The Inter-American Commmission On Human Rights: 1994-1999, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.