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2007

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Articles 10531 - 10551 of 10551

Full-Text Articles in Law

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller Jan 2007

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams Jan 2007

Law Firms As Defendants: Family Responsibilities Discrimination In Legal Workplaces, Joan C. Williams, Stephanie Bornstein, Diana Reddy, Betsy A. Williams

Faculty Scholarship

No abstract provided.


Family Responsibilities Discrimination: Don't Get Caught Off Guard, Joan C. Williams, Consuela A. Pinto Jan 2007

Family Responsibilities Discrimination: Don't Get Caught Off Guard, Joan C. Williams, Consuela A. Pinto

Faculty Scholarship

No abstract provided.


Purify And Destroy: The Political Uses Of Massacre And Genocide, Steven K. Baum Jan 2007

Purify And Destroy: The Political Uses Of Massacre And Genocide, Steven K. Baum

Journal of Hate Studies

There is a popular movement in genocide research to portray genocide as arising from anything other than hate (e.g. Moshman, 2005). From a topdown perspective, this makes sense. After all, the case has been made that there are instrumental (e.g. land grabs) and social psychological considerations— careerism, social bonding—as well as ideological and contextual considerations that all contribute to the genocide recipe and have little to do with hate per se. Yet the current trend makes it seem as if hate crimes and old ethnic enmities do not exist.


Bad Faith: The Danger Of Religious Extremism, Steven K. Baum Jan 2007

Bad Faith: The Danger Of Religious Extremism, Steven K. Baum

Journal of Hate Studies

Against a current backdrop which includes several atheists getting a lot of press (Richard Dawkins, The God Delusion; Sam Harris, The End of Faith; Christopher Hitchens, God is Not Great: How Religion Poisons Everything), Kressel provides a fairly compelling argument for not giving up on religion. By the same token, he has little sympathy for those on the Religious Right who teeter toward extremist thinking on a good day. He listens to and respects those in the middle. For Kressel, the moderates are those who are able to negotiate the Left’s atheism and intellectual bravado and the Right’s fundamentalism. The …


Busting The Bandito Boyz: Militarism, Masculinity, And The Hunting Of Undocumented Persons In The U.S.-Mexico Borderlands, Robert F. Castro Jan 2007

Busting The Bandito Boyz: Militarism, Masculinity, And The Hunting Of Undocumented Persons In The U.S.-Mexico Borderlands, Robert F. Castro

Journal of Hate Studies

“Bandito heroes flourish in many cultures because they symbolize a virtually universal belief: that at times it’s necessary to break the law in order to obtain justice,” writes historian Paul Vanderwood (1992, p. xix). The idea of justice does seem to animate many of the stories associated with the borderlands’ most famous outlaws. For example, retaliatory justice appears to be at the heart of the literal violence that Joaquin Murrieta inflicted on California Anglos during the nineteenth century. Joaquin Murrieta became famous for his lightning-fast robberies and bloody assaults in California during the 1850s Gold Rush. Reportedly, Murrieta was set …


Hate Studies Through A Constructivist And Critical Pedagogical Approach, James M. Mohr Jan 2007

Hate Studies Through A Constructivist And Critical Pedagogical Approach, James M. Mohr

Journal of Hate Studies

Most of us are probably familiar with the child’s lament made during dinner: “I hate vegetables.” If you are a teacher, you may have heard students announce with conviction, “I hate homework.” It seems that everyone hates someone, something, or some action; so what value is there in a field of hate studies? Hate, when discussed as a strong feeling toward something one dislikes, appears simply as an emotion that does not deserve the special recognition of having an entire field committed to its research. However, this narrow focus on this one aspect of hate leaves ignored them very real …


Reconceptualizing Anti-Lgbt Hate Crimes As Burdening Expression And Association: A Case For Expanding Federal Hate Crime Legislation To Include Gender Identity And Sexual Orientation, Jordan Blair Woods Jan 2007

Reconceptualizing Anti-Lgbt Hate Crimes As Burdening Expression And Association: A Case For Expanding Federal Hate Crime Legislation To Include Gender Identity And Sexual Orientation, Jordan Blair Woods

Journal of Hate Studies

The purpose of this article is to bring to the attention of researchers, scholars, and politicians an important point about the harms to LGBT victims resulting from hate crimes—one that, in my view, is ignored and is critical to the justifications for allowing bias crime victims to obtain legal compensation for being victimized on the basis of sexual orientation and gender identity. More specifically, this article critiques the current framing of anti-LGBT hate crimes in scholarship and empirical research and reconceptualizes these crimes as systemic inhibitors to expressive and associative opportunities on the basis of gender identity and sexual orientation …


Divided By Gender: An Interview With Jane Elliott, Joanie Eppinga Jan 2007

Divided By Gender: An Interview With Jane Elliott, Joanie Eppinga

Journal of Hate Studies

On the day after Martin Luther King, Jr. was assassinated in 1968, a third-grade teacher in Riceville, Iowa felt impelled to give her students a visceral experience of discrimination that they would never forget. She divided them into two groups and told them one was genetically inferior to the other. The next day, she reversed the hierarchy. It was a powerful exercise the children never forgot, and one which propelled teacher Jane Elliott to national attention. Our editor interviewed Elliott 40 years later, on February 4, 2008, just before the Democratic nomination process, on the topic of “Hate and Gender.”


Gender Across Cultures: An Interview With Nonie Darwish, Joanie Eppinga Jan 2007

Gender Across Cultures: An Interview With Nonie Darwish, Joanie Eppinga

Journal of Hate Studies

Nonie Darwish grew up in Gaza and Cairo. When she was 8 years old her father, a high-ranking military officer, was killed in an act of terrorism, making him a shahid, or martyr for jihad. Darwish came to America when she was 30 and was struck by the freedoms enjoyed in her new country; she has felt compelled to speak out for tolerance since 9/11. She is the author of Now They Call Me Infidel: Why I Renounced Jihad for America, Israel, and the War on Terror and the originator of the group Arabs for Israel (www.arabsforisrael.com). Darwish’s second book, …


Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee Jan 2007

Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo Jan 2007

Panel One–Empowering Survivors With Legal-Status Challenges, Karen Musalo

Faculty Scholarship

No abstract provided.


Is Confrontation The Bottom Line?, Roger C. Park Jan 2007

Is Confrontation The Bottom Line?, Roger C. Park

Faculty Scholarship

No abstract provided.


The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang Jan 2007

The Injustice Of Reducing The Number Of Levels In A Grading System, William K.S. Wang

Faculty Scholarship

No abstract provided.


Famous Trademarks And The Rational Basis For Protecting Irrational Beliefs, J. Shahar Dillbary Jan 2007

Famous Trademarks And The Rational Basis For Protecting Irrational Beliefs, J. Shahar Dillbary

Articles

Contrary to the traditional view, this article argues that mega-brands are neither economic evils nor limited to imparting information about the products they adom. It also rejects the view that famous marks persuade "snobs" to "irrationally" pay more for the same physical product they could have purchased for less. Rather, it adopts the view that in purchasing a branded good, the consumer is actually purchasing a bundle of three prod- ucts: a physical product, information about the physical product, and an intangible product, such as fame, prestige, peace of mind, or a pleasant feel- ing. This article explores the demand …


"Less" Is "More"? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman Jan 2007

"Less" Is "More"? Textualism, Intentionalism, And A Better Solution To The Class Action Fairness Act's Appellate Deadline Riddle, Adam N. Steinman

Articles

Federal appellate judges have recently grappled with an interpretive puzzle that opens a new frontier in the long-running judicial and scholarly debate about statutory interpretation. The landmark but controversial Class Action Fairness Act of 2005 ("CAFA") authorizes immediate appeals from certain jurisdictional decisions by district courts, provided that litigants appeal "not less than 7 days after entry of the order." Although the goal of this provision was to set a seven-day deadline for CAFA appeals, the statutory text does precisely the opposite - it imposes a seven-day waiting period and sets no outer deadline. Federal appellate judges have disagreed sharply …


Reinventing Appellate Jurisdiction, Adam N. Steinman Jan 2007

Reinventing Appellate Jurisdiction, Adam N. Steinman

Articles

Appellate jurisdiction in the federal system has been properly criticized for both its doctrinal incoherence and its procedural complexity. Although these critiques are well-founded, this Article reveals that, as applied in practice, federal courts have drawn sensible lines between interlocutory orders that are immediately appealable and those that are not. A limited category of interlocutory orders, primarily those rejecting immunities from suit, are immediately appealable as of right. All other interlocutory orders are potentially eligible for discretionary appellate review. The doctrinal morass of the present framework, however, has obscured this basically sensible structure and has led to inefficient procedures for …


2007-11-15 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2007

2007-11-15 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


2007-12-18 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law Jan 2007

2007-12-18 H. Thomas Wells, Jr. Aba Presidential Speech, H. Thomas Wells Jr., University Of Alabama School Of Law

H. Thomas Wells, Jr. ABA President (2008-2009) Collection Speeches

No abstract provided.


Treble Damages In National Health Service Corps Contracts, Public Policy, And Hawronsky V. Commissioner, Richard C.E. Beck Jan 2007

Treble Damages In National Health Service Corps Contracts, Public Policy, And Hawronsky V. Commissioner, Richard C.E. Beck

Articles & Chapters

No abstract provided.


The Failure Of Innocent Spouse Reform, Richard C.E. Beck Jan 2007

The Failure Of Innocent Spouse Reform, Richard C.E. Beck

Articles & Chapters

No abstract provided.