Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2005

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 9841 - 9870 of 10092

Full-Text Articles in Law

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell Jan 2005

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

UC Law Journal

This Article examines cultural arguments made in opposition to the ratification by the United States of the Convention on the Elimination of Discrimination Against Women (CEDAW). The failure of the United States to ratify CEDAW has been conventionally understood as grounded in concerns that the Convention is incompatible with U.S. constitutionalism- particularly notions of federalism and limited government. However, as this Article demonstrates, opponents of CEDAW who testified during the ratification debate grounded their objections explicitly in terms of culture and traditional gender roles. In particular, CEDAW opponents expressed fear that ratification would disrupt traditional cultural understandings of women's role …

Go to article

Quests For Conception: Fertility Tourists, Globalization And Feminist Legal Theory, Richard F. Storrow Jan 2005

Quests For Conception: Fertility Tourists, Globalization And Feminist Legal Theory, Richard F. Storrow

UC Law Journal

As the cost of in vitro fertilization in the West skyrockets and countries enact laws that drastically curtail access to assisted reproduction, couples are turning more and more frequently to fertility tourism. This Article examines the relationship between restrictive reproductive laws, thought to be expressions of local values, and globalization, the ongoing process of worldwide interconnectedness that makes fertility tourism possible. After a discussion of the meaning and causes of fertility tourism, this Article demonstrates how such tourism dampens organized resistance to laws that restrict the available forms of assisted reproduction and thus how globalization itself plays a part in …

Go to article

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan Jan 2005

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Articles by Maurer Faculty

In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of …

Go to article

The Asian Century: Implications For International Law, David P. Fidler Jan 2005

The Asian Century: Implications For International Law, David P. Fidler

Articles by Maurer Faculty

Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …

Go to article

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler Jan 2005

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.

Go to article

Playing Peekaboo With Constitutional Law: The Pcaob And Its Public/Private Status, Donna M. Nagy Jan 2005

Playing Peekaboo With Constitutional Law: The Pcaob And Its Public/Private Status, Donna M. Nagy

Articles by Maurer Faculty

This Article is the first to consider the constitutional status of the Public Company Accounting Oversight Board (PCAOB - pronounced by some as peekaboo). Congress created the PCAOB in 2002 to regulate the accounting profession in response to scandals at Enron, WorldCom, and other public companies. The Article argues that notwithstanding the PCAOB's congressional designation as a nonprofit corporation in the private sector, its governmental creation, governmental objectives, governmental powers, and governmentally appointed board members render it a public (or state) actor for purposes of constitutional law. The Article also analyzes the PCAOB from a policy perspective, and argues that …

Go to article

The Abolition Of Wealth Transfer Taxes: Lessons From Canada, Australia And New Zealand, David G. Duff Jan 2005

The Abolition Of Wealth Transfer Taxes: Lessons From Canada, Australia And New Zealand, David G. Duff

All Faculty Publications

When the United States acted to phase-out its estate tax by 2010, it joined a small but growing group of countries which have also repealed their wealth transfer taxes. In Canada, federal gift and estate taxes were repealed in 1972 and provincial wealth transfer taxes were abolished in the 1970s and 1980s. In Australia, State and Commonwealth wealth transfer taxes were repealed in the late 1970s and early 1980s. New Zealand followed suit in the 1990s, reducing estate tax rates to zero in 1992 and repealing the tax in 1999. This paper reviews the abolition of wealth transfer taxes in …

Go to article

Prelude To Armageddon, Michael J. Gerhardt Jan 2005

Prelude To Armageddon, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Go to article

Judicial Selection By The Numbers, Michael J. Gerhardt Jan 2005

Judicial Selection By The Numbers, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Go to article

Who Judges The Judges?, John V. Orth Jan 2005

Who Judges The Judges?, John V. Orth

Faculty Publications

No abstract provided.

Go to article

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine Jan 2005

Reflections On The Practice Of Law As A Religious Calling, From A Perspective Of Jewish Law And Ethics, Samuel J. Levine

Scholarly Works

This Essay is based on introductory remarks Levine delivered at the inaugural conference of the Pepperdine Institute on Law, Religion, and Ethics, "Can the Ordinary Practice of Law be a Religious Calling?," held on February 6-7, 2004 at Pepperdine University School of Law. In thinking about the practice of law as a religious calling, Levine argues that we should first consider the broader issue of the general relevance of religion to various areas of life, including work. From a perspective of Jewish law and ethics, moral conduct comprises an imperative at home and at the workplace no less than at …

Go to article

Paper Versus Electronic Sources For Law Review Cite Checking: Should Paper Be The Gold Standard?, April Schwartz, Mary Rumsey Jan 2005

Paper Versus Electronic Sources For Law Review Cite Checking: Should Paper Be The Gold Standard?, April Schwartz, Mary Rumsey

Scholarly Works

Despite law students' reliance on electronic sources for legal research, a survey confirmed that many journals make their staff members check authors' citations against paper sources. Rumsey and Schwartz argue that the advent of image-based document collections should change this practice, making life easier for law students and law school librarians.

Go to article

“We Cannot Remain Morally Neutral”: Howard A. Glickstein, Dean, Touro Law Center, 1986-2004, Jeffrey B. Morris Jan 2005

“We Cannot Remain Morally Neutral”: Howard A. Glickstein, Dean, Touro Law Center, 1986-2004, Jeffrey B. Morris

Scholarly Works

No abstract provided.

Go to article

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin Jan 2005

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin

Scholarly Works

No abstract provided.

Go to article

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway Jan 2005

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

Go to article

Transversal Feminism And Transcendence, Deseriee A. Kennedy Jan 2005

Transversal Feminism And Transcendence, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Go to article

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine Jan 2005

Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine

Scholarly Works

Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …

Go to article

Attorneys' Perceptions Of Child Witnesses With Mental Retardation, Rebecca Nathanson Jan 2005

Attorneys' Perceptions Of Child Witnesses With Mental Retardation, Rebecca Nathanson

Scholarly Works

Children with mental retardation are more likely to be abused than the general population, yet are often denied access to the justice system. Research on children without mental retardation has revealed skepticism as to their reliability as witnesses in the court of law. Even more so, children with mental retardation face the issue of credibility because of their age and disability. This study assesses attorneys' perceptions of child witnesses with mental retardation. Thirty-nine criminal attorneys completed a 33-item questionnaire designed to assess their opinions of the abilities of adults and of children with and without mental retardation to recall and …

Go to article

Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson Jan 2005

Book Review, Walking A Gantlet: Nielsen’S License To Harass, Lynne Henderson

Scholarly Works

No abstract provided.

Go to article

Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi Jan 2005

Reviving Constitutionalism In Iraq: Key Provisions Of The Transitional Administrative Law, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Go to article

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi Jan 2005

The Report Of The U.N. High-Level Panel And The Use Of Force In Iraq In 2003, Feisal Amin Istrabadi

Articles by Maurer Faculty

No abstract provided.

Go to article

Who Next, The Janitors? A Socio-Feminist Critique Of The Status Hierarchy Of Law Professors, Kathryn M. Stanchi Jan 2005

Who Next, The Janitors? A Socio-Feminist Critique Of The Status Hierarchy Of Law Professors, Kathryn M. Stanchi

Scholarly Works

This paper is an invitation to those in the legal academy who self-identify as egalitarian, as feminist, or as otherwise committed to equality in the law and the legal profession. The essay asks feminists and egalitarians to notice and resist the institutionalized and illegitimate status hierarchy operating in American law schools. Like any status hierarchy, its boundaries are well defined and well enforced. Additionally, and perhaps not surprising to feminists, this hierarchy is gendered, with the lowest rank overwhelmingly composed of women and the highest rank overwhelmingly composed of men. The players in this status hierarchy are the faculties and …

Go to article

A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts Jan 2005

A Dedication To Dean Joseph P. Tomain: Educator, Scholar, And Leader, Donna M. Nagy, Barbara G. Watts

Articles by Maurer Faculty

No abstract provided.

Go to article

The Interpretive Project And The Problem Of Legitimacy, Barbara K. Bucholtz Jan 2005

The Interpretive Project And The Problem Of Legitimacy, Barbara K. Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

It is remarkable that the common law remains as vibrant and as vulnerable today as it was in the nineteenth century. Its vibrancy continues to be illuminated by its responsiveness to societal changes; its vulnerability continues to reflect the flip-side of that responsiveness: an inherent indeterminacy. The analysis that follows investigates the feasibility of maintaining the former characteristic while curtailing the latter, and it is limited to the common law in its interpretive capacity. The principal focus of the analysis is, in keeping with the theme of the conference, the common law of contracts. From that perspective, the Article articulates …

Go to article

Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara Piety Jan 2005

Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

Time And Punishment, Russell Christopher Jan 2005

Time And Punishment, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

A Cosmopolitan View Of Transnational Bottom-Up Lawmaking: The Case Of Export Credit Insurance, Janet K. Levit Jan 2005

A Cosmopolitan View Of Transnational Bottom-Up Lawmaking: The Case Of Export Credit Insurance, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

The "Comity" Of Empagran: The Supreme Court Decides That Foreign Competition Regulation Limits American Antitrust Jurisdiction Over International Cartels, Sam Halabi Jan 2005

The "Comity" Of Empagran: The Supreme Court Decides That Foreign Competition Regulation Limits American Antitrust Jurisdiction Over International Cartels, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

In 2004, the U.S. Supreme Court determined that the amorphous doctrine of "comity between nations" limited the reach of U.S. antitrust laws where an international cartel had a direct, substantial and foreseeable effect on U.S. commerce (as the statute provided) but where damages were suffered in foreign markets only. The Article challenges the reasoning of the majority, arguing that so limiting the reach of the antitrust laws is not only inconsistent with the statute's intent, but ultimately removes an important source of cartel deterrent.

Go to article

Rules, Principles, Or Just Words? The Interpretive Project And The Problem Of Legitimacy, Barbara Bucholtz Jan 2005

Rules, Principles, Or Just Words? The Interpretive Project And The Problem Of Legitimacy, Barbara Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees Jan 2005

Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

First Prev Next Last