Law Commons^™

Review Of Jonathan Baron, Against Bioethics, Chad Flanders

All Faculty Scholarship

This is a short review of a recent book by Jonathan Baron, entitled "Against Bioethics."

The Enhanced Arbitration Appeal Amendment: A Proposal To Save American Jurisprudence From Arbitration, Modeled On The English Arbitration Act Of 1996, Drew M. Gulley

Hofstra Law Review

No abstract provided.

Minority Language Rights: Historical And Comparative Perspectives, Douglas A. Kibbee

Intercultural Human Rights Law Review

Language is an instrument of communication that brings us together. Language is an element of identity that distinguishes us from one another. Language education is a means of leveling the playing field and giving all an equal opportunity. Language education is a way of destroying non-official languages and nonstandard language varieties and inevitably disfavors native speakers of those other languages and language varieties. Such are the paradoxes that every government must confront, from the largest to the smallest. Today, these questions of community and nation are being influenced by international organizations and treaties, transforming practice in spite of national traditions …

Biodiversity, Traditional Knowledge And Folklore: Work On Related Ip Matters In The Wto, Hannu Wager

Intercultural Human Rights Law Review

Issues related to biodiversity, traditional knowledge and folklore have received increasing attention in the global intellectual property (IP) arena, including in the work of intergovernmental organizations and civil society. The World Trade Organization (WTO) is one of the forums in which the debate on related IP matters is occurring. Other intergovernmental organizations in which such debates are taking place include, among others, the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity (CBD), the Food and Agriculture Organization (FAO), the United Nations Conference on Trade and Development (UNCTAD), the World Bank, and various United Nations human rights bodies. This …

The President's Welcome Address, Franklyn M. Casale

Intercultural Human Rights Law Review

Rev. Monsignor Franklyn M. Casale's welcome address for the Indigenous and Minority Languages Under Siege: Finding Answers to a Global Threat, Eighth Tribal Sovereignty Symposium.

In Defense Of Speaking Out: The European Human Rights Regime And The Protection Of Minority Languages, Antti Korkeakivi

Intercultural Human Rights Law Review

This presentation will provide an overview of the impact of the European human rights regime on language rights of minorities. I will focus on the most comprehensive legal instrument in the area of minority rights, the Framework Convention for the Protection of National Minorities ("Framework Convention"), and on its monitoring mechanism.1 This treaty, which entered into force approximately ten years ago, has provoked a number of improvements in the protection of language and other rights of national minorities. I believe that it can be a source of inspiration for those working on minority rights outside Europe, even though, within the …

The Problem Of Religious Learning, Marc O. Degirolami

Faculty Publications

The problem of religious learning is that religion—including the teaching about religion—must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insufficient attention has been paid to …

Unauthorized Payment Transactions And Who Should Bear The Losses, Francis J. Facciolo

Faculty Publications

This article is concerned with how losses should be allocated between account holders that are implicated in payment systems and the financial institutions that participate in those payment systems by acting as intermediaries between account holders. The account holders that are discussed in this article are not limited to individual consumers. This article also examines how an unauthorized transaction can be prevented and what this suggests about who should bear the loss of such a transaction. In doing so, this article looks at two moments at which an unauthorized payment transaction might be prevented: before the first unauthorized transaction, and …

Faith In The Rule Of Law, Marc O. Degirolami

Faculty Publications

This is an essay on Brian Z. Tamanaha's Law as a Means to an End: Threat to the Rule of Law (2006).

For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, …

International Commercial Arbitration And International Courts, Mark L. Movsesian

Faculty Publications

The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?

In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …

The Case For "Thinking Like A Filmaker": Using Lars Von Trier's Dogville As A Model For Writing A Statement Of Facts, Elyse Pepper

Faculty Publications

Part I of this Article introduces movies as a persuasive medium. Part II examines the value of movies as teaching tools in the law school context. Part III breaks down the movie Dogville and demonstrates how it might be used to create two Statements of Facts in a fictionalized criminal case. Part IV recaps the lessons learned from using a film as a model for fact writing.

A Tale Of Two Networks: Terrorism, Transnational Law, And Network Theory, Christopher J. Borgen

Faculty Publications

Talk of networks and "network theory" has become almost ubiquitous in the field of counterterrorism. Terrorist organizations are networks. Terrorists have been empowered by the Internet, ethnic diasporas, and cell phones—networks all. Many of the putative targets of terrorists—electrical grids, oil pipelines, and transportation systems, to name a few—are themselves networks. And, perhaps less often mentioned, terrorists are increasingly hampered by national and international laws that foster cooperation and coordination among states—a network of laws.

From "smart mobs" to "net wars," from narco-trafficking to the Internet, network theory has provided insights into decentralized social organizations and their coordinated action. Both …

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …

Front Matter

Intercultural Human Rights Law Review

Front Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 3 (2008).

Indigenous Languages Under Siege: The Native American Experience, Allison M. Dussias

Intercultural Human Rights Law Review

How have Native American languages, like the languages of other indigenous peoples around the world, arrived at this crisis stage? Is this simply the result of the passage of time, in an environment in which non-Native American society's sheer numbers, and its ever-present English-language media, including the "cultural nerve gas of television, inevitably swamp Native American languages and lead to their replacement by English? Or has this situation resulted from more deliberate action on the part of the dominant society, acting through its laws and other mechanisms of government power? We should also ask, given that so many Native American …

Aziza Khatoon On Human Rights In Turkey Edited By Zehra F. Kabasakal Arat. Philadelphia: University Of Pennsylvania Press, 2007. 349 Pp., Aziza Khatoon

Human Rights & Human Welfare

A review of:

Human Rights in Turkey edited by Zehra F. Kabasakal Arat. Philadelphia: University of Pennsylvania Press, 2007. 349 pp.

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …

The Irish Challenge To The Data Retention Directive, Elaine Fahey

Conference Papers

No abstract provided.

The Irrelevance Of Contemporary Academic Philosophy For Law: Recovering The Rhetorical Tradition, Francis J. Mootz Iii

Scholarly Works

This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and law might find their common ground in the elucidation of rhetorical knowledge.

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Faculty Scholarship

No abstract provided.

Outside The Box: Expanding The Scope Of Animal Law, William R. Cook

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes title page, advisors, and table of contents for Animal Law Review Volume 14, Issue 2.

The Japanese Dolphin Hunts: In Quest Of International Legal Protection For Small Cetaceans, Rachelle Adam

Animal Law Review

This article sets out to explore the international legal status of those dolphins targeted by the Japanese drive hunts. It is estimated that over two thousand five hundred small cetaceans—dolphins, porpoises and small whales—will be killed as a result, out of a total of over twenty thousand killed annually in Japan by direct catch. It is argued that since we have literally pushed them to the brink of extinction, we have an ethical duty towards dolphins, to stop the cruelty perpetrated against them by man and to ensure the survival of their species. And our ethical duty towards them should …

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …

Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim

Animal Law Review

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …

Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant

Animal Law Review

Trouble brews, on the other hand, for those advocates who aim farther afield, who demand that animals be granted formal legal rights. Graphics and adjectives alone are vastly insufficient to validate just how that project would operate under the law or how science and logic would support a formal position on animals as “rights-holders.” Unhappily, the animal rights movement, as it takes such aim, has shown that it is weaker, not stronger, for the effort. Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars …

2007-2008 Legislative Review, Blair Mcrory

Animal Law Review

No abstract provided.

Front Matter

Animal Law Review

Front Matter includes title page, masthead, advisors, and table of contents for Animal Law Review Volume 15, Issue 1.

Fifteen Volumes Of Animal Law, Laura Cadiz

Animal Law Review

No abstract provided.

Building Our Future, Joyce Tischler

Animal Law Review

No abstract provided.