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2012

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Articles 13441 - 13465 of 13465

Full-Text Articles in Law

Tax Compliance And Norm Formation Under High-Penalty Regimes, Susan C. Morse Jan 2012

Tax Compliance And Norm Formation Under High-Penalty Regimes, Susan C. Morse

Faculty Scholarship

No abstract provided.


The Restyled Federal Rules Of Evidence, Roger C. Park Jan 2012

The Restyled Federal Rules Of Evidence, Roger C. Park

Faculty Scholarship

No abstract provided.


The Paranoid Style In Regulatory Reform, Jodi L. Short Jan 2012

The Paranoid Style In Regulatory Reform, Jodi L. Short

Faculty Scholarship

No abstract provided.


Defining Characteristics And Politicising Victims: A Legal Perspective, Jennifer Schweppe Jan 2012

Defining Characteristics And Politicising Victims: A Legal Perspective, Jennifer Schweppe

Journal of Hate Studies

Legislatures worldwide experience the same problem in drafting or amending hate crimes statutes: How is it possible to discriminate between victim groups, and which groups are worthy of legislative protection? This article explores some of the experiences of legislatures, highlighting the political inconsistencies which go on to shape the legal system. It focusses on the experience of a number of common law jurisdictions, and seeks to establish a normative platform from which hate crimes statutes can be based, drawing on the legislative experiences of the United States. This platform draws on two other areas of law, particularly the criminal defence …


Combating Hate Through Young Adult Literature, Rachel Dean-Ruzicka Jan 2012

Combating Hate Through Young Adult Literature, Rachel Dean-Ruzicka

Journal of Hate Studies

Young adult literature can help readers look beyond tolerance toward a cosmopolitan ethics of difference as a more sophisticated position for combating hatred. In popular discourse, the ideal of tolerance is generally presented uncritically and deployed as the best response to a perceived difference in another. However, the ideal of tolerance presents many problems. Rather than discouraging hatred, tolerance merely asks us not to act upon related feelings. Additionally, tolerance is often deployed not only as an idealized set of behaviors, but also as a moral imperative. Thus tolerance encourages cultural relativism where we are expected to be tolerant of …


Book Reviews: Arthur Goldwag’S The New Hate: A History Of Fear And Loathing On The Populist Right & Thomas R. Pegram’S One Hundred Percent American: The Rebirth And Decline Of The Ku Klux Klan In The 1920s, Rebecca Barrett-Fox Jan 2012

Book Reviews: Arthur Goldwag’S The New Hate: A History Of Fear And Loathing On The Populist Right & Thomas R. Pegram’S One Hundred Percent American: The Rebirth And Decline Of The Ku Klux Klan In The 1920s, Rebecca Barrett-Fox

Journal of Hate Studies

As reported by the Southern Poverty Law Center (SPLC), the number of hate groups in the United States has continually risen since 2000 in response to three factors: the election of the nation’s first African American president, economic turmoil, and undocumented immigration (Potok, 2011). While these structural changes might feel painful for those native-born white Americans who view signs of increasing pluralism as worrisome and who believe that their economic losses are due to the gains of minority groups, they are not new challenges—nor are the hate-filled responses to them new. In both One Hundred Percent American: The Rebirth and …


The Individual Psychology Of Group Hate, Willa Michener Jan 2012

The Individual Psychology Of Group Hate, Willa Michener

Journal of Hate Studies

Revenge is often taken against people who were not perpetrators of the original offense, provided that they belong to the perpetrator’s group. People react as if they believed that if one member of a group attacked, then they all did or would. Groups are culturally defined, though the tendency to relate to them is universal. It is proposed that “the enemy” is an inherited category while the identity of the groups placed into that category is learned. Enemies are subject to hate, fear, and coldness (the inhibition of empathy). We are prepared to experience an entire outgroup as “enemy” if …


Irrationalism: The Foundation Of Hate Propaganda, Robert Lanning Jan 2012

Irrationalism: The Foundation Of Hate Propaganda, Robert Lanning

Journal of Hate Studies

This article proposes that hate propaganda be examined in terms of its basis in irrationalism as a philosophical orientation. In the first part of the paper, irrationalism is discussed from the perspectives of various 20th century philosophers engaged against the rise of fascism or responding to it. In the second part, selected examples of contemporary propaganda are discussed, demonstrating continuity in the use of irrationalism as a limitation to thought and analysis.


Italian Fascism’S Soviet Enemy And The Propaganda Of Hate, 1941-1943, Marla Stone Jan 2012

Italian Fascism’S Soviet Enemy And The Propaganda Of Hate, 1941-1943, Marla Stone

Journal of Hate Studies

In conjunction with the war against the Soviet Union which began in June 1941, the Italian Fascist regime promulgated a virulent brand of anti-communism and oversaw a campaign of hate-mongering propaganda targeted at its Soviet enemy. This propaganda produced to justify the war highlighted the Manichean struggle against the Soviet Union and the special horrors of the Soviet communist enemy. Using longstanding stereotypes about a Russian lack of civilization, 19th-century ideas about racially expressed biological difference, and more recent tropes about Bolshevik barbarism and immorality, official representations of Fascism’s historic enemy—the communist—put forward a racially degenerate, godless peril from the …


The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf Jan 2012

The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf

Nevada Law Journal

No abstract provided.


Restorative Lawyer Discipline In Australia, Linda Haller Jan 2012

Restorative Lawyer Discipline In Australia, Linda Haller

Nevada Law Journal

No abstract provided.


The Promise Of Client-Centered Professional Norms, Katherine R. Kruse Jan 2012

The Promise Of Client-Centered Professional Norms, Katherine R. Kruse

Nevada Law Journal

No abstract provided.


Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel Jan 2012

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman Jan 2012

I Want My (Immigration) Lawyer! The Necessity Of Court-Appointed Immigration Counsel In Criminal Prosecutions After Padilla V. Kentucky, Scott R. Grubman

Nevada Law Journal

No abstract provided.


"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan Jan 2012

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Nevada Law Journal

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam—to think …


Food Choice And Fundamental Rights: A Piece Of Cake Or Pie In The Sky?, Kammi L. Rencher Jan 2012

Food Choice And Fundamental Rights: A Piece Of Cake Or Pie In The Sky?, Kammi L. Rencher

Nevada Law Journal

No abstract provided.


Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel Jan 2012

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

See how few of the cases of the suspension of the habeas corpus law, have been worthy of that suspension. They have been either real treason, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.


Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn Jan 2012

Death Penalty Without A Hearing? How The Nevada Supreme Court's Decision In Bahena V. Goodyear Incorrectly Defines Discovery Sanctions And Denies Due Process To Civil Litigants, Jonathan J. Winn

Nevada Law Journal

No abstract provided.


Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes, Chimène Keitner Jan 2012

Optimizing Liability For Extraterritorial Torts: A Response To Professor Sykes, Chimène Keitner

Faculty Scholarship

No abstract provided.


Living Art, Jaime S. King Jan 2012

Living Art, Jaime S. King

Faculty Scholarship

No abstract provided.


The Standing Doctrine's Dirty Little Secret, Evan Tsen Lee, Josephine Mason Ellis Jan 2012

The Standing Doctrine's Dirty Little Secret, Evan Tsen Lee, Josephine Mason Ellis

Faculty Scholarship

No abstract provided.


Jumpstarting The Stalled Gender Revolution: Justice Ginsburg And Reconstructive Feminism, Joan C. Williams Jan 2012

Jumpstarting The Stalled Gender Revolution: Justice Ginsburg And Reconstructive Feminism, Joan C. Williams

Faculty Scholarship

No abstract provided.


The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short Jan 2012

The Political Turn In American Administrative Law: Power, Rationality, And Reasons, Jodi L. Short

Faculty Scholarship

No abstract provided.


The Supreme Court’S Recent Class Action Jurisprudence: Gazing Into A Crystal Ball, Mary Kay Kane Jan 2012

The Supreme Court’S Recent Class Action Jurisprudence: Gazing Into A Crystal Ball, Mary Kay Kane

Faculty Scholarship

No abstract provided.


Purchasers Lacking Privity Overcoming "The Rule" For Express Warranty Claims: Expanding Judicial Application Of Common Law Theories And Liberal Interpretation Of U.C.C. Section 2-318, Gary E. Sullivan, Braxton Thrash Jan 2012

Purchasers Lacking Privity Overcoming "The Rule" For Express Warranty Claims: Expanding Judicial Application Of Common Law Theories And Liberal Interpretation Of U.C.C. Section 2-318, Gary E. Sullivan, Braxton Thrash

Articles

The doctrine of privity has dogged contract plaintiffs for several hundred years, but it has been even more challenging for the courts. Never being fully satisfied with one take on it, courts have oscillated back and forth from allowing third-party suits to almost entirely prohibiting them. Even when the doctrine was at its strongest, the courts found ways to avoid its often inequitable dictates. The question seemed to be answered for sales contracts upon the promulgation and adoption of U.C.C. section 2-318. Many states, however, considered the provision unsatisfactory, and it was soon replaced by a set of three alternatives …