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2004

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Full-Text Articles in Law

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough Dec 2004

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …


Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons Dec 2004

Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons

Faculty Scholarship

Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.

No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …


The Normativity Of Law In Law And Economics, Péter Cserne Nov 2004

The Normativity Of Law In Law And Economics, Péter Cserne

Péter Cserne

This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …


The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski Nov 2004

The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski

History

This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.


Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2004

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Three Concepts Of Church Autonomy, Ronald R. Garet Nov 2004

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.


The Autonomy Of Church And State, Brett G. Scharffs Nov 2004

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.


Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck Nov 2004

Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck

BYU Law Review

No abstract provided.


2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2004

2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti


Certificate: Appreciation To Rodney Hurst For Urban Education Summit. Oct 2004

Certificate: Appreciation To Rodney Hurst For Urban Education Summit.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation for serving as a panelist at The Education Urban Summit: "Call for Action in Education" October 26, 2004


Santa Clara Magazine, Volume 46 Number 2, Fall 2004, Santa Clara University Oct 2004

Santa Clara Magazine, Volume 46 Number 2, Fall 2004, Santa Clara University

Santa Clara Magazine

8 - PRIZE-WINNING POETRY By Alexander Matthew Weyand '04. A poem by an SCU junior wins two student poetry competitions at SCU.

10 - I HAVE A QUESTION By Miriam Schulman. The director of communications for the Markkula Center for Applied Ethics at SCU explores the ethics of Internet research.

14 - JUSTICE IS SERVED By Susan Vogel. The Santa Clara University Community Law Center celebrates 10 years of service with a new endowment and a new name.


Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon Oct 2004

Solving Problems Vs. Claiming Rights: The Pragmatist Challenge To Legal Liberalism, William H. Simon

William & Mary Law Review

Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and experimentation. This style is reflected in a variety of innovative responses to social problems, including drug courts, ecosystem management, and "new accountability" educational reform. The new understanding represents a significant challenge to an influential view of law among politically liberal lawyers over the past fifty years. That view, Legal Liberalism, …


Irish Law 2004, Notre Dame Law School Oct 2004

Irish Law 2004, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2007, Welcome to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting and scary time for you, and if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school, Notre Dame, and South Bend. That's why we're sending you this Guide. We hope that it will give you answers to many of your questions and that it will provide a window into what Notre Dame is …


Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman Oct 2004

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Osgoode Hall Law Journal

No abstract provided.


Feminism, Law, And Public Policy: Family Feuds And Taxing Times, Susan B. Boyd, Claire F. L. Young Oct 2004

Feminism, Law, And Public Policy: Family Feuds And Taxing Times, Susan B. Boyd, Claire F. L. Young

Osgoode Hall Law Journal

This article offers a retrospective analysis of feminist research on tax and family law and developments in these fields since the early 1980s. We identify the sometimes contradictory trends-both in legislation and in case law-that raise questions about the influence that feminist research has had on these areas of law. We then flag some ongoing challenges confronting feminists engaged in law reform efforts. Some common themes will emerge, but notable differences are also evident in the ways that feminist thought has played out in tax and family law.


Feminism, Consequences, Accountability, Sonia Lawrence Oct 2004

Feminism, Consequences, Accountability, Sonia Lawrence

Osgoode Hall Law Journal

No abstract provided.


Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps Oct 2004

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Osgoode Hall Law Journal

No abstract provided.


“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner Aug 2004

“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner

Maine History

In 1887 the Maine legislature responded to pressures from the Knights of Labor and an increasingly agitated industrial labor force by instituting the Bureau of Industrial and Labor Statistics. The bureau’s job was to examine the state's workplaces and provide information to guide the legislature in making labor law. Reflecting the ideals of the popular Knights of Labor, the bureau initially focused its investigations on female as well as male workers. When the bureau requested that workers fill out questionnaires about their work, hundreds of women responded, leaving a rare first-hand account of women’s attitudes toward their working and living …


Thomas Brackett Reed, Civil Rights, And The Fight For Fair Elections, Wendy Hazard Aug 2004

Thomas Brackett Reed, Civil Rights, And The Fight For Fair Elections, Wendy Hazard

Maine History

Few causes in American history have proved more enduring than the effort to ensure all citizens the right to vote. From the enfranchising of African-Americans after the Civil War to the granting of women’s suffrage and the passage of the Voting Rights Act in 1965, the country has struggled to live up to its image as the guardian of the ideal that every citizen has a guaranteed right to vote. The prolonged presidential election of 2000 and the vote-counting debacle in Florida once again focused national attention on the issue of enfranchisement. Democrats argued that the Florida election, whether by …


John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker Jul 2004

John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker

Human Rights & Human Welfare

A review of:

Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.


Santa Clara Magazine, Volume 46 Number 1, Summer 2004, Santa Clara University Jul 2004

Santa Clara Magazine, Volume 46 Number 1, Summer 2004, Santa Clara University

Santa Clara Magazine

8 - A PUZZLING PROFESSOR By Adam Breen. Byron Walden, an assistant professor of mathematics at SCU, draws on his knowledge of numerical analysis to create crossword puzzles for The New York Times.

10 - THE LAUNCHING PAD By Larry Sokoloff J.D. '92. Top government agencies, other universities, and companies are relying on the University's Robotics Systems Lab-and its students-to build and monitor satellites.

16 - A NOVEL TEAM By Kristin Lenore '04. The University's publishing partnership with Heyday Books aims to help preserve California's cultural legacy.


Reading/Teaching Lawyer Films, James R. Elkins Jul 2004

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.


State Sovereignty And Human Rights, Jack Donnelly Jun 2004

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …


Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives Jun 2004

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …


Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004 Jun 2004

Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A gathering of Movement veterans, scholars, students and the community.


Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004 Jun 2004

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.


Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida Jun 2004

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3


Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas Jun 2004

Plea Bargaining Outside The Shadow Of Trial, Stephanos Bibas

All Faculty Scholarship

Plea-bargaining literature predicts that parties strike plea bargains in the shadow of expected trial outcomes. In other words, parties forecast the expected sentence after trial, discount it by the probability of acquittal, and offer some proportional discount. This oversimplified model ignores how structural distortions skew bargaining outcomes. Agency costs; attorney competence, compensation, and workloads; resources; sentencing and bail rules; and information deficits all skew bargaining. In addition, psychological biases and heuristics warp judgments: overconfidence, denial, discounting, risk preferences, loss aversion, framing, and anchoring all affect bargaining decisions. Skilled lawyers can partly counteract some of these problems but sometimes overcompensate. The …


“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez May 2004

“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez

Gema Pérez-Sánchez

No abstract provided.


Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel May 2004

Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

At a time when the nation needs people who could keep alive the secular conscience of Gujarat, the passing away of Thakor Shah on April 10, 2004 in Vadodara due to massive heart attack has come as a big jolt. He died while participating in the meeting of the network of social movements in Gujarat. Of the 76 years he lived, he spent over 60 years in public life, making personal sacrifices, fearlessly withstanding all attacks – physical and political – in his incessant struggle for organising working masses for their rights and justice. His life was a political journey …