Law Commons^™

Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs

Scholarly Works

This Article is divided into three parts. Part I focuses on [Margaret Harris] Amsler and Part II addresses the second generation. Part III explores a question that was prompted by the second generation and that goes to the heart of this Symposium: Do women corporations professors damage their standing in the academic community by examining the interface between corporate law and gender?

A Negative Proof Of International Law, Peter J. Spiro

Scholarly Works

Important legal scholars have launched assaults against both the consequence and legitimacy of international law. These challenges are useful by way of testing international law's theoretical underpinnings, which, in the modern period at least, have never been very secure. With THE LIMITS OF INTERNATIONAL LAW, Jack Goldsmith and Eric Posner have done a service to those who put more faith in international law as a meaningful quantity. Especially in these the field's early renaissance years, understandings of international law should be considerably strengthened by the attack. Though I doubt the authors would thus conceive of their project, THE LIMITS OF …

International Law In Black And White, Daniel M. Bodansky

Scholarly Works

Is the study of international law an art or a science? Can the role of international law be explained by general rules, with predictive value? Or does it require the exercise of judgment, in order to account for the richness and complexity of international life? Traditionally, international lawyers have gravitated to the latter view, analyzing issues in an essentially ad hoc and eclectic manner. In their controversial new book, THE LIMITS OF INTERNATIONAL LAW, Jack Goldsmith and Eric Posner argue forcefully for a more scientific approach, relying on the methodology known as rational choice theory. The article examine the book's …

Foreword: Why Open Access To Scholarship Matters, Joe Miller

Scholarly Works

On March 10, 2006, the Lewis & Clark Law Review sponsored a day-long symposium entitled Open Access Publishing and the Future of Legal Scholarship. That gathering led to eight papers that are forthcoming in Volume 10, Issue No. 4, of the Lewis & Clark Law Review. In this short Foreword, I offer some thoughts about why all law professors should take an interest in the movement promoting open access to scholarship. The principal reason, based in current circumstances, is the way that using an open access platform extends one's reach. The aspirational reason is that open access platforms enable us …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2005 the Eleventh Circuit courts addressed issues of regulatory interpretation of the Clean Air Act (“CAA”); compliance with the National Environmental Policy Act (“NEPA”) in connection with the development of wetlands; and a conflict between the Federal Emergency Management Agency’s (“FEMA”) coastal flood insurance program and the Endangered Species Act (“ESA”). First, the Eleventh Circuit Court of Appeals invalidated a rule of the Alabama Department of Environmental Management that exempted certain stack emissions that otherwise violated the State Implementation Plan under the CAA. Also, the United States District Court for the Northern District of Alabama heard one of several …

Summary Of George V. State, 122 Nev. Adv. Op 1, David T. Gluth

Nevada Supreme Court Summaries

In 2002, appellant, George, filed a writ of habeas corpus with the Nevada Supreme Court claiming he was deprived his right to appeal. The Nevada Supreme Court then discovered that defendant's original 1985 notice of appeal was never transmitted. The court directed the district court to transmit defendant's notice of appeal and appoint appellate counsel.

Summary Of Matter Of Guardianship Of N.S., 122 Nev. Adv. Op. 27, Amy S. Scarborough

Nevada Supreme Court Summaries

Consolidated petitions for a writ of mandamus challenging an order of the Eighth Judicial District Court, State of Nevada, denying a grandmother’s petition for guardianship and an order denying the grandmother visitation with her minor granddaughter.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Rwu School Of Law Enewsletter, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Symposium On Sentencing Rhetoric: Competing Narratives In The Post-Booker Era, David M. Zlotnick

Roger Williams University Law Review

No abstract provided.

Hail, No: Changing The Chief Justice, Edward T. Swaine

GW Law Faculty Publications & Other Works

How do we get a new chief justice? Traditionally, the President decides between nominating a newcomer and promoting a sitting associate justice, and places either nominee before the Senate for its advice and consent. But this is not constitutionally required, or at least not evidently so, and there is no better time to confront this fact. This short essay explains that Congress could develop a different mechanism for promoting justices without subjecting them to a second appointment - providing, for example, that the position would rotate among sitting justices based on seniority, or that the justices would elect a chief …

Teaching Ethics In And Outside Of Law Schools: What Works And What Doesn’T, Lisa G. Lerman

Scholarly Articles

No matter the setting or the audience, certain approaches are more likely than others to engage the students in learning the relevant law and exploring the array of dilemmas that lawyers encounter in practice. Some methods are more likely than others to help students to increase their ability to recognize ethical dilemmas and to understand the institutional dynamics and economic pressures that lead some lawyers to rationalize unethical conduct. On the other hand, some approaches to teaching ethics are almost certain to fail, to produce boredom, animosity, cynicism or alienation among participants. What follows is a short inventory of some …

The New Religious Prisons And Their Retributivist Commitments, Marc O. Degirolami

Scholarly Articles

This essay explores the criminological commitments of religious prisons. Though religious prisons serve rehabilitative aims, this essay emphasizes the importance of their retributive goals-what Professor R.A. Duff has termed the censure-communicating purpose of punishment and the "Three 'R's of Punishment" (repentance, reform, and reconciliation)9-in justifying the use of religious programming in prisons. The focus of this article is narrow: it offers an argument in response to skeptics who claim that religious programming serves no criminological purpose absent an unequivocal showing of rehabilitative effectiveness. It claims that even if the evidence of reduced recidivism has been inflated or manipulated, as many …

Are Workers Rights Human Rights And Would It Matter If They Were?, Richard Mcintyre

Human Rights & Human Welfare

A review of:

Slaves to Fashion: Poverty and Abuse in the New Sweatshops by J.S. Ross. Ann Arbor: University of Michigan Press, 2004. 396pp.

and

Can Labor Standards Improve Under Globalization? by Kimberly Ann Elliott and Richard B. Freeman. Washington: Institute for International Economics, 2003. 175pp.

The Limits Of Intervention—Humanitarian Or Otherwise, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Dark Sides of Virtue: Reassessing International Humanitarianism by David Kennedy. Princeton: Princeton University Press, 2004. 400 pp.

and

At the Point of a Gun: Democratic Dreams and Armed Intervention by David Rieff. New York: Simon & Schuster, 2005. 288 pp.

Religion, Politics And Human Rights: Understanding The Role Of Christianity In The Promotion Of Human Rights, Barbara Ann Rieffer

Human Rights & Human Welfare

A review of:

The Global Face of Public Faith by David Hollenbach. Washington, DC: Georgetown University Press, 2003. 259pp.

and

For All Peoples and All Nations by John Nurser. Washington, DC: Georgetown University Press, 2005. 209pp.

How To Recapture Human Rights Within The Political: Validating The Discourse Theory Approach, Magdalena Zolkos

Human Rights & Human Welfare

A review of:

Human Rights and Democracy: Discourse Theory and Global Rights Institutions by Eva Erman. Aldershot: Ashgate, 2005. 243 pp.

In Plain Sight? Human Trafficking And Research Challenges, Austin Choi-Fitzpatrick

Human Rights & Human Welfare

A review of:

In Modern Bondage: Sex Trafficking in the Americas. Edited by David E. Guinn and Elissa Steglich. Ardsley, NY: Transnational Publishers, 2003. 475pp.

Learning From Practice: Reframing The Scholarly Dialogue On Children’S Rights And Sexuality, Jean Scandlyn

Human Rights & Human Welfare

A review of:

Of Innocence and Autonomy: Children, Sex and Human Rights. Edited by Eric Heinze. Aldershot: Ashgate, 2000. 208 pp.

Synthesis V. Purity And Large-N Studies: How Might We Assess The Gap Between Promise And Performance?, Will H. Moore

Human Rights & Human Welfare

A review of:

Protecting Human Rights: A Comparative Study by Todd Landman. Washington, DC: Georgetown University Press, 2005, 231 pp.

Escaping The Cultural Context Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

The Liberal Archipelago: A Theory of Diversity and Freedom by Chandran Kukathas. Oxford, UK: Oxford University Press, 2003. pp.292

Beyond Power Politics: International Law And Human Rights Discourse In The Post-9/11 World, J. Peter Pham

Human Rights & Human Welfare

A review of:

Imperialism, Sovereignty and the Making of International Law by Antony Anghie. Cambridge, UK: Cambridge University Press, 2005. 356 pp.

Adolf Eichmann: Understanding Evil In Form And Content, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Criminal Case 40/61, the Trial of Adolf Eichmann by Harry Mulisch. Philadelphia: University of Pennsylvania Press, 2005.

Human Rights In Latin America: Introduction, Regina Nockerts

Human Rights & Human Welfare

As with many regions of the world, human rights are an issue of enduring concern for Latin America. The essays and bibliographies in this digest chart the recent history of human rights issues in this region, beginning, in most cases, with the wave of military coups that began in the 1970s, highlighting their lasting effects on the governments, civil societies, and economies of the region today. The cases of Argentina, Chile, Colombia, Cuba, El Salvador, Guatemala, Honduras, and Peru are given here; the Organization of American States (OAS) is also covered.

Human Rights In Argentina, Scott Muttersbaugh

Human Rights & Human Welfare

The election of populist Juan Peron in 1946 brought expanded economic and social rights to the working class. Consequently his popularity continued to rise, although the armed forces staged a coup in 1955, resulting in Peron’s nearly twenty-year exile. By 1973 Argentina’s economy had fallen apart and the still popular Peronist party gained the support needed for Peron’s return. With terrorism on the rise, the government granted a special executive authority to the military, allowing Peron to imprison people indefinitely without a trial, signaling a change in the government's priorities towards human rights.

The Organization Of American States, Natalie Knowlton

Human Rights & Human Welfare

The international community focused its attention on protecting human rights in response to horrendous human rights abuses during World War II. Latin and South American states enacted The American Declaration of the Rights and Duties of Man [Declaration] in 1948, shortly after their creation of the Organization of American States [OAS]. While the Declaration set forth dozens of rights, little was done in the next decade to establish a means for their protection.

Human Rights In Peru, William Osborne

Human Rights & Human Welfare

As many Central and South American nations continue to experience the human rights violations that characterized the twentieth century, Peru has moved forward. The truth and reconciliation process, which officially ended with a final report in August 2003 and corrective legal action by recent governments, created a stable nation where the rule of law applies.

Rights-Based Approaches To Development: Introduction, Sarah Hamilton

Human Rights & Human Welfare

This digest offers a multidimensional, well-chosen, and timely compilation of resources analyzing the myriad relationships between fields devoted to the realization of human rights and human development. I appreciate having the opportunity to introduce the issue for two reasons. First, the contributors perform a tremendous service to both fields. They have created an accessible pathway to works that engage: the normative, substantive, and empirical dimensions of the human rights/development nexus; key debates among theoreticians, policy-makers, and practitioners concerning this nexus; inclusive analysis of institutional frameworks and actors; and attention to both opportunities for, and challenges to, the realization of increasingly …

The African Union, Makaria Green

Human Rights & Human Welfare

The African Union (AU) was established on July 8, 2001. Its predecessor was the Organization for African Unity (OAU)—established in 1963. The charter that created the OAU was the result of several multinational African conferences held in the 1950s and 1960s aimed at supporting Africans who were still under colonial rule to incite change through non-violent means. The OAU had just four organs: the Assembly of Heads of State and Government, the Council of Ministers, the General Secretariat and the Commission of Mediation, and Conciliation and Arbitration. On September 9, 1999, the Assembly of Heads of State and Government issued …

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.