Law Commons^™

Planning As Property: Uncovering The Hidden Racial Logic Of A Municipal Nuisance By-Law, Heather Dorries

Journal of Law and Social Policy

In her landmark essay, Whiteness as Property, Cheryl Harris powerfully demonstrates how racial identity and property claims are co-produced in law. Through a genealogy of law starting with American slave law, Harris reveals how whiteness has evolved from a form of racial identity into a legally acknowledged and protected form of property. In this article I apply Harris’ framework to an analysis of two by-laws passed by the City of Brantford (Ontario) in 2008, in order to reveal a hidden racial logic within the statutory powers vested in municipalities. By analyzing these by-laws, as well as the litigation which followed, …

Who Decides What Number Of Children Is "Right"?, June Carbone

NULR Online

I agree with Professors Cahn and Collins that “eight is enough.” I am perhaps more skeptical than they are about assisting Nadya Suleman, a mother who already has six children, to have more. I wonder whose funds financed fertility treatments for a single, unemployed mom on disability benefits, and, perhaps even more critically, who will fund the children’s ongoing care. I am certainly concerned about the dubious ethical standards of the doctor who provided the reproductive care. But I also have serious reservations about anyone choosing to impose my views—or those of others—on the country as a whole.

I therefore …

September 5, 2009: “Debate” Over Obama Speech An Unpatriotic Disgrace, Bruce Ledewitz

Hallowed Secularism

Blog post, “ “Debate” Over Obama Speech an Unpatriotic Disgrace“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 4, 2009: Blurring Of Church And State On Healthcare, Bruce Ledewitz

Hallowed Secularism

Blog post, “Blurring of Church and State on Healthcare“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Review Of Staying With Conflict: A Strategic Approach To Ongoing Disputes, Carl E. Schneider

Reviews

Bernie is at it again! And we can be thankful for that. For the past three decades, he has consistently provided leadership in our field. A central part of his work has been his invitation for us to rethink just what our field is. Through his work, he has offered us an expanded definition of our role. This time, in Staying with Conflict, he wants us to consider how misleading and confining our tag line of “conflict resolution” is. So much of what we deal with cannot be resolved! If that is our self-concept, he argues, we will often …

Law Review Annual Banquet: The Joy Of Law, The Honorable William C. Griesbach

Marquette Law Review

None

Jamie S. V. Milwaukee Public Schools: Urban Challenges Cause Systemic Violations Of The Idea, Amy L. Macardy

Marquette Law Review

None

"Slicing A Shadow": The Debate Over Combined Reporting And Its Effect On Wisconsin's Business Climate, Staci Flinchbaugh

Marquette Law Review

None

Informational Blackmail: Survived By Technicality?, Chen Yehudai

Marquette Law Review

None

The Disappointed Expectations Test And The Economic Loss Doctrine, Ralph C. Anzivino

Marquette Law Review

None

Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland

Marquette Law Review

None

Beyond Decisional Templates: The Role Of Imaginative Justice In The Trial Court, The Honorable Sarah Evans Barker

Marquette Law Review

None

The Legitimacy Of Police Among Young African-American Men, Tracey Meares

Marquette Law Review

None

Table Of Contents For Volume 92 Issue 4, Marquette University

Marquette Law Review

None

September 2, 2009: Chardin’S Challenge To Secularists, Bruce Ledewitz

Hallowed Secularism

Blog post, “Chardin’s Challenge to Secularists“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Evans, Walter, 1842-1923 (Sc 2018), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 2018. Letters of Walter Evans, a judge of the U.S. District Court for the Western District of Kentucky, to Robert Ludlow Fowler, a New York jurist and author.

Comparative Federalism And The Role Of Judiciary, Daniel Halberstam

Book Chapters

The distinctive feature of federalism is to locate the central and constituent governments' respective claims of organizational autonomy and jurisdictional authority within a set of privileged legal norms that are beyond the arena of daily politics. For the most part, the debate about the role of the judiciary as federal umpire has taken place within two separate disciplinary compartments: comparative politics and law. Building on recent e��orts to bring these two disciplines closer, this article provides a fresh look at three common criticisms of granting the central judiciary power to protect federalism. It argues that political safeguards of federalism are …

Nice Guys Finish Last: New Yorkers Leave Our Assets Exposed When We Plan For Forever, Audrey Rose Herman

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Law And Literature: Story-Telling And Norms In Rousseau's Emile, Eric Engle

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Justifying Subversion: Why Nussbaum Got (The Better Interpretation Of) Butler Wrong, Ori J. Herstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

We're Only Fooling Ourselves: A Critical Analysis Of The Biases Inherent In The Legal System's Treatment Of Rape Victims (Or Learning From Our Mistakes: Abandoning A Fundamentally Prejudiced System & Moving Toward A Rational Jurisprudence Of Rape), Thomas A. Mitchell

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Transgender Bathroom Usage: A Privileging Of Biology And Physical Difference In The Law, Jill D. Weinberg

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung

Buffalo Human Rights Law Review

When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …

From Ankara To Strasbourg: Developing A Comprehensive Supranational Litigation Strategy For Patriarchal Preservation In Turkey, Joshua B. Gessling

Buffalo Human Rights Law Review

No abstract provided.

International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver

Buffalo Human Rights Law Review

No abstract provided.

Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu

Buffalo Human Rights Law Review

Truth commissions, usually described as a softer transitional justice alternative to trials, gained traction in academic circles following the establishment of South Africa's Truth and Reconciliation Commission. Though they are praised for their value in societal reconciliation and widely recognized for their flexibility; little is understood of their causal factors or requirements. This Article turns to this hole in the research and examines the effects of one potential causal variable, the balance of power between the warring parties. Through an in-depth examination of four case studies, El Salvador, Guatemala, Peru, and East Timor, this Article finds that truth commissions are …

A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, Sungjoon Cho

All Faculty Scholarship

This article provides a concise history of the Doha Round negotiation, analyzes its deadlock and offers some suggestions for a successful deal. The article observes that the nearly decade long negotiational stalemate is symptomatic of the diametrically opposed beliefs on the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious of Doha’s exigency, i.e., as a “development” round, developing countries vehemently condemn the developed countries’ narrow commercial focus on the Doha Round talks. It will not be easy to untie this Gordian knot since both Worlds tend to think that no deal …

Table Of Contents, Seventh Circuit Review

Seventh Circuit Review

No abstract provided.

Dobbey V. Illinois Department Of Corrections: A Small Piece Of A Growing Policy Puzzle, Ashley M. Belich

Seventh Circuit Review

The First Amendment right to petition is deeply intertwined with the other liberties offered by the Bill of Rights. However, the right to petition is still rarely analyzed in the legal world. This already difficult topic has become even more muddled in the prison system. Although the Prison Litigation Reform Act sought both to help prisoners and reduce the abundance of inmate lawsuits, inmate grievance processes actually suffocate the right to petition in prisons, sometimes going so far as to create a culture that offers barely any First Amendment protection. The Seventh Circuit's decision in Dobbey v. Illinois Dept. of …