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2004

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Articles 9661 - 9683 of 9683

Full-Text Articles in Law

The Logic Of Legal Theory: Reflections On The Purpose And Methodology Of Jurisprudence, Aaron J. Rappaport Jan 2004

The Logic Of Legal Theory: Reflections On The Purpose And Methodology Of Jurisprudence, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.


The Emporium Capwell Case: Race, Labor Law, And The Crisis Of Post-War Liberalism, Reuel E. Schiller Jan 2004

The Emporium Capwell Case: Race, Labor Law, And The Crisis Of Post-War Liberalism, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza Jan 2004

Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Positioning Hate, Kathleen Blee Jan 2004

Positioning Hate, Kathleen Blee

Journal of Hate Studies

A year after the publication of my book on women in the contemporary organized racist movement,Inside Organized Racism: Women in the Hate Movement (2002), I received a series of emails from a woman I will call Jenny. The study of racist activists in this book was based in part on my interviews with women in the Ku Klux Klan, neo-Nazi and white supremacist skinhead groups, and Christian Identity communities. Although Jenny was not among those I had interviewed or even met in the course of the study, she had heard about my book–although not read it, as I later discovered–and …


Finding Light In The Darkness? The Historical Treatment Of Genocide As A Template For The Field Of Hate Studies, Raymond C. Sun Jan 2004

Finding Light In The Darkness? The Historical Treatment Of Genocide As A Template For The Field Of Hate Studies, Raymond C. Sun

Journal of Hate Studies

I am discovering that to teach about the history of Nazism, the Holocaust, and genocide is to enter into a profoundly spiritual experience. By this I mean that in engaging with these subjects, students of history must come to terms with some of the most elemental, existential qualities of the human potential for radical destruction and limitless hatred. The topics force us into a direct confrontation with the concept of ultimate evil: its manifold attractions; its power to deceive and destroy both perpetrators and victims; and yet at the same time, appearing in the midst of the reign of death, …


Front Matter, Jerri Shepard Jan 2004

Front Matter, Jerri Shepard

Journal of Hate Studies

Front matter for Journal of Hate Studies, volume 3, issue 1 (2004).


The Need For An Interdisciplinary Field Of Hate Studies, Kenneth S. Stern Jan 2004

The Need For An Interdisciplinary Field Of Hate Studies, Kenneth S. Stern

Journal of Hate Studies

Hate is a normative part of the human experience. Look at history. Regardless of when, where, under what economic or political system, what major religion is followed, or any other variable, people have always had the capacity to define someone else as an “other,” and hate him, often with deadly results.


The Genetic/Evolutonary Basis Of Prejudice And Hatred, Harold D. Fishbein Jan 2004

The Genetic/Evolutonary Basis Of Prejudice And Hatred, Harold D. Fishbein

Journal of Hate Studies

I believe that prejudice underlies the development of hatred toward various outgroups. Hence, in order to understand the origins of hatred, it is essential to understand the origins of prejudice. Our genetic/evolutionary heritage provides the initial push toward prejudice. My essential argument is that three sets of genetic/evolutionary processes that lead to prejudice and discrimination evolved in hunter-gatherer tribes. They were appropriate and necessary for that subsistence mode, which characterizes 99% of human existence. These three sets of processes—inclusive fitness, authority-bearing systems, intergroup hostility— are put into motion in nonhunter-gatherer contexts because they have been incorporated into our epigenetic systems. …


Our Ancestral Shadow: Hate And Human Nature In Evolutionary Psychology, James E. Waller Jan 2004

Our Ancestral Shadow: Hate And Human Nature In Evolutionary Psychology, James E. Waller

Journal of Hate Studies

In some unique ways, each of us is like no other human being. In other ways, each of us is like some other human beings. And, in yet some other ways, each of us is like all other human beings. The question of the nature of human nature is captured in this final statement. In what ways are we like every other person that has gone before us and will come after us? This question is particularly relevant to the emerging field of hate studies. Is there an endowment with which each of us begins our life that is important …


Hate, Oppression, Repression, And The Apocalyptic Style: Facing Complex Questions And Challenges, Chip Berlet Jan 2004

Hate, Oppression, Repression, And The Apocalyptic Style: Facing Complex Questions And Challenges, Chip Berlet

Journal of Hate Studies

As we build the field of Hate Studies we need to scrupulously inspect our own work. Blee and Ferber have already suggested a number of complex questions for scholars to answer. This paper argues that understanding the interrelated dynamics of hate, apocalyptic dualism, institutionalized oppression, and political repression is crucial to increasing the accuracy and effectiveness of our research and answering these questions.


The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka Jan 2004

The Games People Play: Is It Time For A New Legal Approach To Prize Games?, Anthony N. Cabot, Louis V. Csoka

Nevada Law Journal

No abstract provided.


Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand Jan 2004

Reconciling The Paradox Of Tribal Sovereignty: Three Frameworks For Developing Indian Gaming Law And Policy, Steven Andrew Light, Kathryn R.L. Rand

Nevada Law Journal

No abstract provided.


Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn Jan 2004

Federal Law, State Policy, And Indian Gaming, Kevin K. Washburn

Nevada Law Journal

No abstract provided.


Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier Jan 2004

Off-Reservation Native American Gaming: An Examination Of The Legal And Political Hurdles, Heidi Mcneil Staudenmaier

Nevada Law Journal

The Indian Gaming Regulatory Act of 1988 ("IGRA") permits Native American Tribes to conduct gaming on land acquired outside of the tribe's traditional reservation or other trust lands. However, before a tribe may undertake gaming on such "off-reservation" lands - unless another exception applies - the tribe must first obtain a determination from the United States Secretary of the Interior ("Secretary") that the proposed gaming operation (1) will be in the "best interest" of the tribe and its members, and (2) will not be "detrimental" to the surrounding community. More importantly, the governor of the state in which such lands …


A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak Jan 2004

A Bad Bet: Federal Criminalization Of Nevada's Collegiate Sports Books, Ronald J. Rychlak

Nevada Law Journal

No abstract provided.


Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel Jan 2004

Not-So-Peaceful Coexistence: Inherent Tensions In Addressing Tort Reform, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Camping In Lake Tahoe: Does A Temporary Deprivation Of All Beneficial Use Of Land Justify Rejection Of The Categorical Lucas Rule?, Akke Levin Jan 2004

Camping In Lake Tahoe: Does A Temporary Deprivation Of All Beneficial Use Of Land Justify Rejection Of The Categorical Lucas Rule?, Akke Levin

Nevada Law Journal

No abstract provided.


The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv Jan 2004

The Law And Politics Of Tort Reform, Center For Democratic Culture At Unlv

Nevada Law Journal

No abstract provided.


The Plight Of Same-Sex Harassment Victims Under Title Vii: Why Sexual Orientation Discrimination Should Be Recognized As A Form Of Sex Stereotyping, Sonya K. Parrish Jan 2004

The Plight Of Same-Sex Harassment Victims Under Title Vii: Why Sexual Orientation Discrimination Should Be Recognized As A Form Of Sex Stereotyping, Sonya K. Parrish

Nevada Law Journal

No abstract provided.


The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen Jan 2004

The Lost History Of Apprendi And The Blakely Petition For Rehearing, Rory K. Little, Teresa Chen

Faculty Scholarship

No abstract provided.


The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey Jan 2004

The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey

Faculty Scholarship

No abstract provided.


The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin Jan 2004

The Judicial Function: Justice Between The Parties, Or A Broader Public Interest?, Richard Zitrin

Faculty Scholarship

No abstract provided.


A Constitution For Judicial Lawmaking, Adam N. Steinman Jan 2004

A Constitution For Judicial Lawmaking, Adam N. Steinman

Articles

When courts decide cases, their decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that judicial lawmaking, like legislative lawmaking, is subject to constitutional principles that govern the extent to which a particular attempt at judicial lawmaking is valid. Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or merits of a particular lawmaking act, only constitutional principles can assess whether the …