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1999

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Articles 91 - 120 of 151

Full-Text Articles in Law and Society

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson Jan 1999

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson

St. Mary's Law Journal

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …

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Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri Jan 1999

Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri

St. Mary's Law Journal

Abstract Forthcoming.

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From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller Jan 1999

From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller

St. Mary's Law Journal

Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …

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Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen Jan 1999

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …

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Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff Jan 1999

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

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Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders Jan 1999

Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders

St. Mary's Law Journal

The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …

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Lies And Law, Robert F. Nagel Jan 1999

Lies And Law, Robert F. Nagel

Publications

No abstract provided.

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Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel Jan 1999

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

Publications

No abstract provided.

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Rawls’ Political Constructivism As A Judicial Heuristic: A Response To Professor Allen, Heidi Li Feldman Jan 1999

Rawls’ Political Constructivism As A Judicial Heuristic: A Response To Professor Allen, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

In her Dunwody Lecture, Professor Anita Allen insightfully calls our attention to the social contract tropes that pepper American case law. She claims that these tropes function ideologically, disguising politics, biases, and raw power in judicial decision-making. To examine this claim, I distinguish two versions of social contract theory Professor Allen groups together. Metaphors drawn from classical social contract theory-epitomized by the work of John Locke and Jean-Jacques Rousseau may well function as Professor Allen suspects. Tools taken from twentieth century neo-Kantian social contract theory-inaugurated and developed by John Rawls-could have precisely the opposite effect. Rawlsian social contract theory might …

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Liberalism And Abortion, Robin West Jan 1999

Liberalism And Abortion, Robin West

Georgetown Law Faculty Publications and Other Works

First in a groundbreaking book, Breaking the Abortion Deadlock: From Choice to Consent, published in 1996, then in various public fora, from academic conference panels to Christian radio call-in shows, and now in a major law review article entitled My Body, My Consent: Securing the Constitutional Right to Abortion Funding, Eileen McDonagh has sought to redefine drastically our understanding of the still deeply contested right to an abortion, and hence, of the nature of the constitutional protections which in her view this embattled right deserves. Her argument is complicated and subtle, but its basic thrust can be readily …

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The Courage Of Our Convictions, Sherman J. Clark Jan 1999

The Courage Of Our Convictions, Sherman J. Clark

Michigan Law Review

This article argues that criminal trial juries perform an important but inadequately appreciated social function. I suggest that jury trials serve as a means through which we as a community take responsibility for - own up to - inherently problematic judgments regarding the blameworthiness or culpability of our fellow citizens. This is distinct from saying that jury trials are a method of making judgments about culpability. They are that; but they are also a means through which we confront our own agency in those judgments. The jury is an institution through which we as individuals take a turn acknowledging and …

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Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson Jan 1999

Silencing The Past: Public Monuments And The Tutelary State, Sanford Levinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Dichotomy Between Standards And Rules, Mary C. Daly Jan 1999

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

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1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel Jan 1999

1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel

Journal Articles

This essay explores the theme of the 1998 annual meeting of the Law and Society Association: "Making Connections across Disciplines, Theories, and Methods," focusing in particular on the connections between researcher and subject and between researcher and researcher. The essay discusses three recent articles, by Joseph Sanders and V. Lee Hamilton, by Barbara Yngvesson, and by Margaret Montoya. These articles illustrate recent creative efforts by law and society researchers to forge new kinds of connections to their subjects. The articles also illustrate fundamentally different conceptions of the role of the researcher and of the methodologies on which sociolegal studies might …

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African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.

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Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

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Langdell's Auto-Da-Fé, John Henry Schlegel Jan 1999

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.

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Civil Society And Multiple Repositories Of Power Symposium On Legal And Constitutional Implications Of The Calls To Revive Civil Society: Ii. The Constitution Of Civil Society, Abner S. Greene Jan 1999

Civil Society And Multiple Repositories Of Power Symposium On Legal And Constitutional Implications Of The Calls To Revive Civil Society: Ii. The Constitution Of Civil Society, Abner S. Greene

Faculty Scholarship

The primary goal of civil society revivalists is not the revival of civil society. It is the empowerment of otherwise alienated citizens. Reviving civil society is seen as the principal means to that end, but it is not the only means. To be sure, the revivalists focus their attention on participation in nongovernmental associations. But the ways of overcoming alienation are plural, and they include participation in government, participation in nongovernmental associations, and assertions of individual rights against various forms of collective will. In this brief essay, I first explain why only a pluralist understanding of human flourishing fits with …

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Expert Report Of Robert B. Webster, Robert B. Webster Jan 1999

Expert Report Of Robert B. Webster, Robert B. Webster

Michigan Journal of Race and Law

The author’s opinions are based primarily upon knowledge and insight gained in the forty years in which he has been a practicing attorney, counselor, arbitrator, mediator, bar officer, and state court judge. Webster’s opinions are also based in part upon materials described in Section IV.B, within.

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Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama Jan 1999

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

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Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

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Expert Report Of Kent D. Syverud, Kent D. Syverud Jan 1999

Expert Report Of Kent D. Syverud, Kent D. Syverud

Michigan Journal of Race and Law

Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

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A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce Jan 1999

A Socio-Legal History Of Florida's Juvenile Transfer Reforms, Henry George White, Charles E. Frazier, Lonn Lanza-Kaduce

University of Florida Journal of Law & Public Policy

This article is intended to provide a socio-legal history of the transfer laws in Florida, not only the recent reforms but also transfer provisions dating back nearly fifty years. Multiple changes involving a mix of instrumental expressive, and systems or institutional factors have occurred during this time. The goals of our analysis are to explore the underlying reasons for Florida’s transfer reforms in particular and to improve our understanding of the dynamics of legal reform in general.

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Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop Jan 1999

Juvenile Transfers In Florida: The Worst Of The Worst?, Lonn Lanza-Kaduce, Charles E. Frazier, Donna M. Bishop

University of Florida Journal of Law & Public Policy

The purpose of this article is to examine what is needed to assess the issues of fairness and effectiveness, which are central to the rationales underpinning transfer policies. We start by considering the adequacy of the data that most often used to learn about transfer. We then report the findings from an in-depth study of local records. This field research illustrates how complex information gathering is on matters relevant to transfer. We then use the more detailed processing information gained from our study of local records to profile transfer cases and assess the comparability between criminal court transfers and their …

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Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg Jan 1999

Using Violence As Social Control: Applying A Theory Of Conflict Management To Juvenile Disputes, Marian J. Borg

University of Florida Journal of Law & Public Policy

This article seeks to contribute both to the empirical evaluations of Black’s theory and to the literature on adolescent violence. It bridges these two area by examining the utility of Black’s theory of conflict management for explaining the use of violence in conflict situations between juveniles, an area in which Black’s propositions have not yet been systematically evaluated. The analysis focuses only on violence used to further a robbery, theft, or other predatory crime. Black’s theory is used as a basis for identifying social variables that increase the likelihood of using violence as a conflict management technique. A 1995 data …

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Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge Jan 1999

Analyzing Juvenile Justice Policy: A Critical Review, Tonya Aultman-Bettridge

University of Florida Journal of Law & Public Policy

This article reviews a variety of perspectives that have been applied to the study of the juvenile justice system in more recent years. While not meant as an exhaustive summary of the literature on juvenile justice, this article outlines a number of different frames of reference that have been used in the analysis of policies aimed at chronic, serious and/or violent juveniles offenders, with a particular emphasis on framing the nature of the current controversy and debate. Starting with the social science of 1970s, which supported the “nothing works” doctrine of juvenile offender treatment, this work review and summarizes existing …

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A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas Jan 1999

A House Divided: The Social And Economic Underdevelopment Of America's Inner Cities, Dash T. Douglas

University of Florida Journal of Law & Public Policy

This article attempts to demonstrate the urgent need to reconsider our current social policies and to revitalize government concern over our urban ghettos. Part II provides a historical background on how urban ghettos were formed in the United States. Part III discusses the Kerner Commission’s findings and the recommendations it made to President Lyndon Johnson and the American people. Part IV analyzes the social and economic regression experienced by inner-city communities during the past thirty years. Part V discusses the findings of the Eisenhower Foundation and describes the programs it espouses.

Finally, part VI, outlines recommendations on how the United …

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Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick Jan 1999

Constitutional Law: Decency Requirement In Art Funding Nea V. Finley, 118 S. Ct. 2168 (1998), Amy Petrick

University of Florida Journal of Law & Public Policy

No abstract provided.

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Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill Jan 1999

Remember The Ingredient: The View From Outside The Tower, Michael A. Mogill

University of Florida Journal of Law & Public Policy

No abstract provided.

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The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart Jan 1999

The Appeal Provision Of Florida's Criminal Punishment Code: Unwise And Unconstitutional, Robert Batey, Stephen M. Everhart

University of Florida Journal of Law & Public Policy

This article addresses whether this startling new appeal provision in Florida’s Criminal Punishment Code is constitutional: Can the state give itself the right to appeal downward departure sentences but deny the reciprocal right of the defendant to appeal upward departure sentences? Part II of this article sets the background for answering this question by briefly sketching the history of sentencing guidelines in Florida, and how the new appeal provision undermines the wise policy behind those guidelines. Part III then outlines the infirmities of the new appeal provision under the double jeopardy, right-to-appeal, due process, and proportionality provisions of both the …

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