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2000

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Articles 61 - 90 of 8631

Full-Text Articles in Law

Transcript Of Speech On Religions's Role In The Administration Of The Death Penalty, Pat Robertson Dec 2000

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.

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Islam And The Death Penalty, William A. Schabas Dec 2000

Islam And The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

Capital punishment is not practiced by a majority of the world's states. Anti-capital punishment domestic policies have led to an international law of human rights that emphatically prohibits cruel and inhuman punishment. International concern for the abolition of capital punishment has prompted Islamic states that still endorse and practice the death penalty to respond with equally compelling concerns based on the tenets of Islamic law. Professor William A. Schabas suggests that Islamic states view capital punishment according to the principles embodied in the Koran. Islamic law functions on the belief that all people have a right to life unless the …

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Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young Dec 2000

Punishment At All Costs: On Religion, Convicting The Innocent, And Supporting The Death Penalty, Robert L. Young

William & Mary Bill of Rights Journal

This Paper explores the impact of the belief structure among white fundamentalist denominations on the support for the death penalty. Professor Robert L. Young observes that the tenets of fundamentalism, as well as the great extent that fundamentalists conform to the positions of their clergy, support this link between fundamentalism and a punitive orientation toward wrongdoers. Professor Young explains that members in white fundamentalist churches, to a greater extent than others, are inclined toward a negative view of human nature, which in turn leads to the belief that letting the guilty go free is a more serious mistake than convicting …

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The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie Dec 2000

The Rule Of Law And Commercial Litigation In Myanmar, Alec Christie

Washington International Law Journal

After nearly thirty years of self imposed isolation, Myanmar has reemerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial …

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Korean Attitues Towards Law, Chan Jin Kim Dec 2000

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, …

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One Country, Three Systems? Judicial Review In Macau After Ng Ka Lling, Judith R. Krebs Dec 2000

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 …

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Law On Communications Interception During Criminal Investigations, Yohei Suda Dec 2000

Law On Communications Interception During Criminal Investigations, Yohei Suda

Washington International Law Journal

Whereas organized crime severely damages the peace and health of society, and increasingly it is extremely difficult to clarify the truth in criminal investigations without intercepting the telephone communications or other telecommunications of criminals in serious crimes committed by conspiracy, such as organized murder and unlawful trade of drugs or firearms, the purpose of this law is to set forth the requirements, procedures, and other matters that are relevant to the invasive action of intercepting telecommunications, as provided in the Code of Criminal Procedure (Law No. 131, 1948), and are essential for dealing appropriately with such crimes, in such a …

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The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler Dec 2000

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

West Virginia Law Review

No abstract provided.

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Slouching Toward Barbarism--The Quest To Limit Partial Birth Abortion After Stenberg V. Carhart, Todd Goudy Dec 2000

Slouching Toward Barbarism--The Quest To Limit Partial Birth Abortion After Stenberg V. Carhart, Todd Goudy

West Virginia Law Review

No abstract provided.

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Table Of Contents - Issue 2, Chicago-Kent Law Review Dec 2000

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

Chicago-Kent Law Review

No abstract provided.

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The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith Dec 2000

The Uses Of Aristotle In Garamer's Recovery Of Consultative Reasoning: Sunesis, Sungnômê, Epieikeia, And Sumbouleuesthai, P. Christopher Smith

Chicago-Kent Law Review

Using Hans-Georg Gadamer's exposition of Aristotle's adjuncts to phronêsis, or the knowing that guides deliberation, namely understanding, forbearance, and clemency, this Article attempts to retrieve a communal reasoning still evident in Homer but increasingly covered over beginning with Plato and continuing through Hobbes and Locke, in the English-language tradition, and, more recently, Rawls and Toulmin. This Article shows that, in Gadamer's reading of him, Aristotle emerges as a crucial interruption of this tendency of Western thought to abstract from the communal origins of reasoning and to start instead from what an isolated individual sees for himself or herself and …

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Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich Dec 2000

Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich

Chicago-Kent Law Review

Early common law, both Anglo-Saxon and Anglo-Norman, offered plaintiffs a choice between love and law. Lovedays were more frequent than lawdays, and love explicitly took precedence over formal law. The judgment of love took the form of agreement through amity rather than enmity, affect rather than agon or trial. Using the institution of lovedays as a starting point, Goodrich's Article goes on to trace a longer-term continental history of courts and judgments of love that spans over five centuries and plays out in poetry, theater, and literature as much as in any secular legal institution. Offering a synopsis of the …

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Law As Interpretation, Charles W. Collier Dec 2000

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.

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Interpretation, Critique, And Adjudication: The Search For Constitutional Hermeneutics, John T. Valauri Dec 2000

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.

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Work-In-Progress: Gadamer, Tradition, And The Common Law, Allan C. Hutchinson Dec 2000

Work-In-Progress: Gadamer, Tradition, And The Common Law, Allan C. Hutchinson

Chicago-Kent Law Review

In this Article, Hutchinson provides an account of the common law tradition of judging that draws upon Hans-Georg Gadamer's writings that advance the intellectual project of critical legal theory. Hutchinson contends that Gadamer's hermeneutics can be utilized to offer a more radical and transformative reading of the common law tradition and explores what it means to treat law seriously as a living rhetorical tradition. This Article explores Hutchinson's theory by concentrating on the recent U.S. Supreme Court physician-assisted suicide decision in Washington v. Glucksberg. This Article relies upon the notion of "work-in-progress" as a productive optic through which to …

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Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin L. West Dec 2000

Are There Nothing But Texts In This Class? Interpreting The Interpretive Turns In Legal Thought, Robin L. West

Chicago-Kent Law Review

This Article examines the impact of the twenty-year-old "turn" toward interpretation in legal and constitutional scholarship. In part, because of the impact of Hans-Georg Gadamer's work, scores of critical legal scholars, including some of those writing for this Symposium, now think of adjudication and legal discourse generally as primarily interpretive, rather than economic or political or distinctively legal enterprises. This turn toward interpretation has opened the way for new insights and ways of thinking, but it has also come with costs. It has, for example, diverted attention from the ways in which constitutional law might be appropriately criticized by reference …

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Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby Dec 2000

Melting Into Air? Downsizing, Job Stability, And The Future Of Work, Sanford M. Jacoby

Chicago-Kent Law Review

Contrary to popular belief, career-type employment practices remain the norm in the U.S. labor market, and employers continue to shoulder risks for employees. Evidence to support this claim is drawn from a variety of sources: data on tenure and mobility; analysis of new job creation and job quality; recent employer responses to labor-market tightness; and data on wage premiums, fringe benefits, and training. Yet employees are bearing more risk today, including risk of job loss and of compensation fluctuations. This is an important change from the past. Nevertheless, there are limits—economic, demographic, and political—to the risk-shifting process.

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Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson Dec 2000

Farmworkers, Nonimmigration Policy, Involuntary Servitude, And A Look At The Sheepherding Industry, Kimi Jackson

Chicago-Kent Law Review

Congress should abolish the nonimmigrant visa for farmworkers because of its inherently abusive and unjust nature. The visa allows abuse of farmworkers to flourish because guest workers, who live in the United States only for a short period of time, have no hope of becoming permanent residents. The workers constantly fear deportation and are unlikely to assert their rights in court. Because guest workers, by nature of their visas, may only work for one employer and the consequence for quitting is deportation, the workers may be forced to endure abusive treatment. Legal coercion prevents agricultural guest workers from leaving their …

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Policing The "Wild West" World Of Internet Pharmacies, Kerry Toth Rost Dec 2000

Policing The "Wild West" World Of Internet Pharmacies, Kerry Toth Rost

Chicago-Kent Law Review

An Internet pharmacy sells medications through its Web site. Legitimate, law-abiding Internet pharmacies benefit modern healthcare in numerous ways; however, some Internet pharmacies conduct illegal and unsafe prescribing and dispensing practices that can endanger the health of the patients the pharmacy serves. Controversy exists over which regulatory body should govern the sale of prescription drugs over the Internet and how Internet pharmacies should be regulated. This Note contends that cooperation of state and federal regulatory agencies and careful updating and utilization of current regulatory avenues can adequately promote the safety of Internet pharmacies. This Note further contends that the dangers …

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So What? The Individual Right To The Ownership Of Firearms Under The Ninth Amendment, Robert E. Bodine Dec 2000

So What? The Individual Right To The Ownership Of Firearms Under The Ninth Amendment, Robert E. Bodine

Chicago-Kent Law Review

This Note argues that the Second Amendment to the United States Constitution fails to resolve the debate over the existence of a fundamental, individual right to keep and bear arms because the Ninth Amendment is in fact the proper source for that right. This Note performs a historical analysis of the creation of the Constitution, reviews the little Supreme Court precedent regarding the right, and then demonstrates how the Supreme Court has applied the Ninth Amendment in cases dealing with other issues. Bodine concludes that applying the Ninth Amendment in that same manner necessarily leads to an inference of a …

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Foreword: An Introduction To Urban Sprawl, Julian Juergensmeyer Dec 2000

Foreword: An Introduction To Urban Sprawl, Julian Juergensmeyer

Georgia State University Law Review

No abstract provided.

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City Of Warsaw And Its Surroundings: Management Problems And Political Quarrels, Michal Kulesza Dec 2000

City Of Warsaw And Its Surroundings: Management Problems And Political Quarrels, Michal Kulesza

Georgia State University Law Review

No abstract provided.

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Vancouver: Made In America, Eh?, Raymond Young Dec 2000

Vancouver: Made In America, Eh?, Raymond Young

Georgia State University Law Review

No abstract provided.

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Why It's Smart To Think About Constitutional Stupidities, Sanford Levinson Dec 2000

Why It's Smart To Think About Constitutional Stupidities, Sanford Levinson

Georgia State University Law Review

No abstract provided.

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The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii Dec 2000

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

Chicago-Kent Law Review

In his recent book, Cultural Software, Jack Balkin offers a new approach to ideology and critical theory in an effort to overcome the deficiencies he finds in Hans-Georg Gadamer's hermeneutical account. This Article demonstrates that the productive aspects of Balkin's theory are central to Gadamer's philosophy, and the unproductive elements in Balkin's theory are best explained by his deviation from Gadamer's philosophical hermeneutics. Mootz rejects Balkin's transcendental argument in favor of Gadamer's insistence that critique is a feature of hermeneutical experience and that critical theory is the practice of maximizing the critical distance that occurs only within hermeneutical engagements. …

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Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright Dec 2000

Traces Of Violence: Gadamer, Habermas, And The Hate Speech Problem, R. George Wright

Chicago-Kent Law Review

This Article offers fresh insight into the controversial issue of hate speech regulation by borrowing major themes from the works of Hans-Georg Gadamer and Jürgen Habermas. Wright emphasizes Gadamer's connection between language and historical traditions to demonstrate how hate speech differs from any real attempt at genuine speaking. Wright then focuses on Habermas's notion of a communicative ideal that helps differentiate between speakers who intend to invite open discourse and typical epithet speakers who likely have no such purpose. Wright concludes that the contributions of Gadamer and Habermas enable us to determine what types of speech promote the values underlying …

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Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor Dec 2000

Critical Hermeneutics: The Intertwining Of Explanation And Understanding As Exemplified In Legal Analysis, George H. Taylor

Chicago-Kent Law Review

Understanding and explanation are often viewed as oppositional: understanding is considered a search for the meaning a text provides, while explanation employs a critical, analytic method that maintains a distance from the text it interrogates. This Article demonstrates that in legal interpretation, understanding and explanation are not opposed but inextricably interconnected. Drawing first on the work of Robert Bork and Justice Antonin Scalia, this Article shows how elements of critique are present even within forms of legal interpretation that seek to maintain fidelity to the "understanding" of authorial meaning. Second, it illuminates the converse, that theories drawn to methods of …

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The New Deal At Work, Peter Cappelli Dec 2000

The New Deal At Work, Peter Cappelli

Chicago-Kent Law Review

The traditional employment system with secure, lifetime jobs offering predictable advancement and stable pay has given way to a new, more open-ended arrangement that is continually being negotiated between employer and employee. Evidence is presented both about the factors driving this new relationship and the subsequent changes in labor market outcomes. Tighter labor markets have, perhaps temporarily, shifted power from employers to employees, leading to new problems for employers and fundamental challenges to traditional models for management. These developments also raise new challenges for society and in particular to the long-standing interest in protecting employees from some of the destructive …

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Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson Dec 2000

Don't Take His Eye, Don't Take His Tooth, And Don't Cast The First Stone: Limiting Religious Arguments In Capital Cases, John H. Blume, Sheri Lynn Johnson

William & Mary Bill of Rights Journal

Professors John H. Blume and Sheri Lynn Johnson explore the occurrences of religious imagery and argument invoked by both prosecutors and defense attorneys in capital cases. Such invocation of religious imagery and argument by attorneys is not surprising, considering that the jurors who hear such arguments are making life and death decisions, and advocates, absent regulation, will resort to such emotionally compelling arguments. Also surveying judicial responses to such arguments in courts, Professors Blume and Johnson gauge the level of tolerance for such arguments in specific jurisdictions. Presenting proposed rules for prosecutors and defense counsel who wish to employ religious …

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Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins Dec 2000

Concurring In Result Without Written Opinion: A Condemnable Practice, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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