Law Commons^™

Demystifying The Quest For Canaan: Observations On Mimesis In The New World And Holy Land, Steven Salaita

Faculty Journal Articles

No abstract provided.

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

The Case Against Employment Tester Standing Under Title Vii And 42 U.S.C. § 1981, Michael Bowling

Michigan Law Review

In 1964, Congress passed comprehensive legislation aimed at eradicating discrimination in employment, public accommodations, public facilities, public schools, and federal benefit programs. Title VII of this Act directed its aim specifically at stamping out prejudice in employment. Four years later, the Supreme Court resurrected the provisions of § 1 of the Civil Rights Act of 1866, which, among other things, protects citizens, regardless of race or color, in their right to "make and enforce [employment] contracts." Together, Title VII and § 1981 serve as the primary legal bases for challenging racially discriminatory actioris by private employers. More than thirty years …

Suspecting The States: Supreme Court Review Of State-Court State-Law Judgments, Laura S. Fitzgerald

Michigan Law Review

At the Supreme Court these days, it is unfashionable to second-guess states' fealty to federal law without real proof that they are ignoring it. As the Court declared in Alden v. Maine: "We are unwilling to assume the States will refuse to honor the Constitution or obey the binding laws of the United States. The good faith of the States thus provides an important assurance that 'this Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land.'" Accordingly, without proof that a state has "systematic[ally]" …

If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love

Articles

No abstract provided.

Congress Misses Twice With The Community Character Act: Will Three Times Be A Charm?, Patricia E. Salkin

Scholarly Works

No abstract provided.

A Copernican View Of Health Care Antitrust, William M. Sage, Peter J. Hammer

Faculty Scholarship

Sage and Hammer use the analogy of Copernican astronomy to suggest that understanding the dramatic change wrought by managed care requires a conceptual reorientation regarding the meaning of competition in health care and its appropriate legal and regulatory oversight. Both share the belief that misperceiving the world limits potential for technical and social progress.

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney

Faculty Scholarship

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …

A Test For Competition, Robert H. Lande

All Faculty Scholarship

No abstract provided.

Vol. 23, No. 06 (September 30, 2002)

Indiana Law Annotated

No abstract provided.

The Weekly September 30, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.

107810, Us Land Patent, T24s, R11e, Charles Butterfield, Jonathan Thompson, Aug. 19, 1870, And Blm Land Patent Detail Sheet

Pre-1872 Land Patents in the Basins

US Land Patent and BLM Patent Detail Sheet that provides specific information (patent number, acreage, authority, patent date, patentee, Township and Range) for land acquired through various US land acquisition statutes.

Running On Empty: The State Budget Crisis Worsens, Randy Desonia

National Health Policy Forum

This issue brief reviews the status of state budget shortfalls and their growing impact on the Medicaid program. It describes the magnitude of the shortfalls, the forces behind them, and how states have responded with spending cuts and tax increases. It also discusses how long the budget crisis is expected to continue and what budget balancing options remain for fiscal year 2003.

Sept. 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft For Comment, Cao

CAO General 1999-Present

No abstract provided.

Sept 25, 2002, Cao, Review Of Ifc's Safeguard Policies Draft With Dh Comment, Cao

CAO General 1999-Present

No abstract provided.

Vol. 53, No. 2, September 24, 2002, University Of Michigan Law School

Res Gestae

•A Welcome Note from the Editor •Posturing Policy Problem •E.O. Squish •Students Met with New Policies •Defending a WTC Bomber •Larry Thompson Speaks on DOJ •Patrick Ewing: Ode to a Man Maligned •Just a Drunken Idiot •I Hate My Cell Phone •CD Review: So Much Shouting/ So Much Laughter •Crossword

Shepard Broad Law Center Course Descriptions & Prerequisites 2002, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Same-Sex “Marriage” Under State Equal Rights Amendments, Paul Benjamin Linton

Saint Louis University Law Journal

No abstract provided.

Noting The Absence: The Dilemma Of Corporate Venue In Missouri With Respect To Foreign Corporations When Specific Statutes Fail To Define Residence, Matthew J. Devoti, Steven D. Rineberg

Saint Louis University Law Journal

No abstract provided.

Party Poopers: The Supreme Court Overlooks The Party In Federal Election Commission V. Colorado Republican Federal Campaign Committee, Amanda G. Altman

Saint Louis University Law Journal

No abstract provided.

Ambulances: Hospital Property Or Not? Interpreting The Expanding Boundaries Of Emtala Through Arrington V. Wong, Tricia J. Middendorf

Saint Louis University Law Journal

No abstract provided.

The Continuing Care Exception: Is This Bubble About To Burst? Montgomery V. South County Radiologists, Inc., Kirsten M. Moder

Saint Louis University Law Journal

No abstract provided.

“The Mere Allusion To Gender”: Answering The Charge That Marriage Is Sex Discrimination, William C. Duncan

Saint Louis University Law Journal

No abstract provided.

Virtual Child Pornography On The Internet: A “Virtual” Victim?, Dannielle Cisneros

Duke Law & Technology Review

Child pornography is an exception to First Amendment freedoms because it exploits and abuses our nation's youth. The latest trend in that industry is "virtual child" pornography. "Virtual child" pornography does not use real children or images of real identifiable children. When the object of desire is not a child, but merely a combination of millions of computer pixels crafted by a skilled artist, can the government ban this allegedly victimless creation?

The International Review | 2002 Fall, Michael Rhee

The International Review Newsletter

Adjusting the Backbone of International Trade: Should the WTO Reform its Dispute Settlement Rules?

Uncle Sam v. the European Union: Averting Trade Wars Between the Two Titans

Alumnae Profile: 1996 Evening Division student, New York City-based international law firm (Frankfurt, Germany, office)

A Concise Guide to the International Monetary Fund and the World Bank

Bush: I’ve Got My Authority Back

Once a Monk, Now WTO Chief

You’ve Got Copyright Protection, Babe!

Next WTO Meeting in Vacation Capital

Don’t Bank on China’s Banking System

Batting .900 at WTO, But Taking a Really Big Strike

Steel: Embracing Protectionism to Promote Trade?

“Axis …

Vol. 23, No. 05 (September 23, 2002)

Indiana Law Annotated

No abstract provided.

The Weekly September 23, 2002, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.