Law and Society Commons^™

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Against Marriage, Steven K. Homer

Faculty Scholarship

What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review, Lisa M. White

RISK: Health, Safety & Environment (1990-2002)

Review of: STUART M. SPEISER, LAWYERS AND THE AMERICAN DREAM. (Evans 1993) [430 pp.] Endnotes with full citations, index, and lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]

Mackinnon On Marx On Marriage And Morals: An Otsogistic Odyssey, Marc Linder

Buffalo Law Review

No abstract provided.

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.

"If He Speaks Italian It's Better": Metapragmatics In Court, Marco Jacquemet

Communication Studies

No abstract provided.

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay

Research Collection Yong Pung How School Of Law

After the military massacre in Tiananmen Square on 4 June it came as no surprise that the nominated 'rioters and counter revolutionaries' would soon be paraded before the courts. Even in the People's Republic of China, where a formal criminal court structure is a comparatively recent addition to the social control framework, the trial process is being employed as an immediate state response to community disjuncture and political challenge.

Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection Yong Pung How School Of Law

The recent political debate concerning the influence of corruption on the “new economic order” in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman

Journal Articles

No abstract provided.

Organised Crime As Terrorism, Mark Findlay

Research Collection Yong Pung How School Of Law

In a somewhat belated incursion into the international debate about the threat of organised crime, Federal and State governments in Australia have chosen to represent the 'menace' as an attack on the institution of the state as much as a physical and financial danger to society. This is consistent with the approaches of governments in the United States and Italy in constructing the reality of the Mafia.

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.

Notes Toward An Intimate, Opinionated, And Affectionate History Of The Conference On Critical Legal Studies, John Henry Schlegel

Journal Articles

No abstract provided.

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.

Photo Essay: On The Street, John G. Hopper

IUSTITIA

When people speak of crime in the streets, they invariably refer to cold statistics or a report from a governmental agency as a source of information. There is however another source of information on the subject-that of personal experience. It is the unique experience that urban police sometimes refer to as being "on the street". The following is this photographer's impression of spending several winter nights on the streets with an urban police force.

The Fairness Doctrine And Pro-Natalism In Television, Myra Spicker

IUSTITIA

It is a premise of this paper that television reflects a pro-natalist bias in its promotion of the traditional female role in society, and that such bias is evident in both commercial advertisements as well as in dramatic presentations particularly on daytime television. Those who are opposed to a pro-natalist point of view will find it virtually impossible to air their opposition effectively. At best anti-natalist groups may be able to garner only meager financial resources to air spot commercials, but this is hardly adequate to combat the subtle onslaught of the opposition. Suggestions have been made that pro-natalist attitudes …

A Comment On Dean Sovern's Paper, Patrick L. Baude

IUSTITIA

As I understand Mr. Sovern's proposition, we ought to expect a protest group to be at its most effective in court, since in the United States, adjudication is a widely and deeply respected method of resolving conflict and of presenting claims, of taking part in the shared traditions of decency and civility and law. If you want to avoid being criticized for impermissible methods, writing a brief is one of the easiest ways to avoid it. It doesn't involve rock-throwing, shouting, or even picketing. Yet, at this very place where one would expect a protest group to be most effective, …

A Comment On Professor Hook's Paper, Julius G. Getman

IUSTITIA

I start with the concession that much of what Professor Hook says is true. Not to recognize this would be folly. Hook's condemnation of academic violence is necessary, justified, and important. Ultimately, however, the picture he draws and the conclusions he states are misleading.

Academic freedom is indeed in jeopardy, but not merely from the internal sources Hook mentions. Outside pressures exist as well. Professor Hook suggests that by establishing a criminal law system, universities can successfully cope with student violence. Having been involved at almost every level of the internal judicial process at the university, I am convinced such …

A Comment On Dean Sovern's Paper, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

The Why, Where And How Of Broadened Public Participation In The Administrative Process, Roger C. Cramton

Cornell Law Faculty Publications

The actions of federal administrative agencies – rules, orders, licenses, loans, grants, contracts, and the like – have enormous effects on individuals and groups. Yet affected persons and groups are not always accorded the opportunity to participate in decision making procedures that affect them. Mr. Cramton argues that broadened public participation will improve administrative decisions and give them greater legitimacy and acceptance. After discussing the types of proceedings in which public participation is desirable and the limitations that should be placed upon it, Mr. Cramton evaluates various proposals for assuring the desired degree of public participation.

Justice In The 20th Century, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Correspondence Re Confidential Memorandum "Political Warfare", Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.

Citizenship Education As To Law, Disorder, Extremism And Civil Disobedience, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Program: In Memoriam Of The Late Rutledge H. Pearson, Sr.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Funeral program for Rutledge H. Pearson, Sr. Saturday, May 6, 1967 at Shiloh Metropolitan Baptist Church.

Program: Naacp Freedom Banquet And Biography Of Speaker Charles Evers

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Freedom Banquet held on Friday, September 2, 1966. Charles Evers, brother of Medgar Evers was the keynote speaker.

Flyer: Naacp List Of Grievances.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

NAACP list of exclusionary and segregationist grievances. Circa 1957-1965. Folder 2

Flyer: Jacksonville March For Jobs & Freedom. Saturday, October 5, 1963

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Civil Rights march in Jacksonville. Starting point at Bethel Baptist Institutional Church. Folder 2

Sociology And Sociological Jurisprudence: Admixture Of Lore And Law, Gilbert Geis

Kentucky Law Journal

No abstract provided.