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2005

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Articles 1 - 30 of 445

Full-Text Articles in Law and Society

Law And Society Studies And Legal Education, Vincenzo Ferrari Dec 2005

Law And Society Studies And Legal Education, Vincenzo Ferrari

Journal of Legal Education

No abstract provided.


Quantifying Reasonable Doubt: A Proposed Solution To An Equal Protection Problem, Harry D. Saunders Dec 2005

Quantifying Reasonable Doubt: A Proposed Solution To An Equal Protection Problem, Harry D. Saunders

ExpressO

In this article we present the case that the Reasonable Doubt standard is in urgent need of repair. Our research reveals that a previously-recognized phenomenon arising from vagueness of the standard is more consequential than thus far realized and creates a serious equal protection problem. We show that the only legally feasible solution to this problem is to quantify the definition of the standard. While others have examined quantified standards, we make a direct case for it and overcome previous objections to it by offering a way to make it practical and workable.

The solution we envision will require new …


Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …


Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl Nov 2005

Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl

ExpressO

This research paper suggests that the cart has been placed before the horse, that democratization and open markets in the Middle East are more likely the result of effective development than the catalyst for it. The war on terror has been justified by the United States as an effective means of reducing the possibility of terrorist attacks. This paper analyzes the validity of those justifications by reviewing the linkage between democracy and economic growth and that between democracy and peace.

The paper begins by hypothesizing that the war on terror and forced democratization of the Middle East are leading to …


A Tale Of Three Nations?: The Role Of United Nations Peacekeepers And Missions On The Concept Of Nation-State, Nationalism, And Ownership Of The State In Lebanon, The Democratic Republic Of The Congo, And Kosovo, Alexandra R. Harrington Nov 2005

A Tale Of Three Nations?: The Role Of United Nations Peacekeepers And Missions On The Concept Of Nation-State, Nationalism, And Ownership Of The State In Lebanon, The Democratic Republic Of The Congo, And Kosovo, Alexandra R. Harrington

ExpressO

The concept of nationalism of ideology and shared values has existed since Biblical times, and has only become more prominent in societal structure in the centuries which have followed . Many attempts to define what is and is not nationalism have been made throughout history, yet despite these attempts there is no perfect formula for what gives rise to nationalism or what makes a nation-state and how to create it. However, at its core a nation is made of people, and all nations, regardless of organization, ideology, or ethnicity, turn to law to control – if not shape – their …


Nov. 25, 2005, Unauthored (D. Hunter), Cso Specific Issues In Policy And Pss, Ifc Nov 2005

Nov. 25, 2005, Unauthored (D. Hunter), Cso Specific Issues In Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 25, 2005 A. Durbin, Foe, D. Hunter, Ciel, Cover Letter Transmitting Cso Comments And Redline Edits, Andrea Durbin, David Hunter Nov 2005

Nov. 25, 2005 A. Durbin, Foe, D. Hunter, Ciel, Cover Letter Transmitting Cso Comments And Redline Edits, Andrea Durbin, David Hunter

IFC E&S Performance Standards

No abstract provided.


Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft Ps 6 Conservation, Ifc Nov 2005

Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft Ps 6 Conservation, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, A. Durbin, Foe And D. Hunter, Ciel, Cso Redline Edits Ps7 (Indigenous People), Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe And D. Hunter, Ciel, Cso Redline Edits Ps7 (Indigenous People), Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Edits Ps 3, Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Edits Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, Iucn, Comments On Final Draft Ifc Policy And Standards, Iucn Nov 2005

Nov. 23, 2005, Iucn, Comments On Final Draft Ifc Policy And Standards, Iucn

IFC E&S Performance Standards

No abstract provided.


Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft E&S Policy, Ifc Nov 2005

Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft E&S Policy, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 3, Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 4, Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 4, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 6, Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 6, Ifc

IFC E&S Performance Standards

No abstract provided.


Seeing Straight In The Workplace: An Examination Of Sexual Orientation Discrimination In Public Employment In The Aftermath Of Lawrence V. Texas, Devin A. Cohen Nov 2005

Seeing Straight In The Workplace: An Examination Of Sexual Orientation Discrimination In Public Employment In The Aftermath Of Lawrence V. Texas, Devin A. Cohen

ExpressO

Title VII does not explicitly protect homosexual employees from sexual orientation discrimination and the courts have generally refused to bootstrap sexual orientation discrimination into Title VII as a form of gender discrimination. Therefore, homosexual employees have had to depend on their constitutional rights to protect them from their public employers’ sexual orientation discrimination. Traditionally, the courts have allowed public employers to discriminate against homosexual employees so long as the employers’ reasons were rationally related to legitimate business purposes.

I argue that the Supreme Court’s reasoning in Lawrence v. Texas forces future courts to question the reasonableness of employers’ rational bases. …


Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins Nov 2005

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".


International Accountability Project November 7 2005, Dana Clark Nov 2005

International Accountability Project November 7 2005, Dana Clark

IFC E&S Performance Standards

No abstract provided.


Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister Nov 2005

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

ExpressO

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market—not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the “Market for Loyalties"--so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over the information market, where …


Nov. 3. 2005, G. Armstrong, Background Note, Measuring Outcomes, For 2005 Strategic Advisors Mtg, Cao, G. Armstrong Nov 2005

Nov. 3. 2005, G. Armstrong, Background Note, Measuring Outcomes, For 2005 Strategic Advisors Mtg, Cao, G. Armstrong

CAO General 1999-Present

No abstract provided.


Nov 2005, Unauthored (D.Hunter) And Undated, Cso Comparison Of Final Ifc Polices Versus Old Policies, Ifc Nov 2005

Nov 2005, Unauthored (D.Hunter) And Undated, Cso Comparison Of Final Ifc Polices Versus Old Policies, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 5, 2005, J. Kalafut, Bic, Cso Emails Re Comments Policy 1,3, &4, Jennifer Kalafut, Andrea Durbin Nov 2005

Nov. 5, 2005, J. Kalafut, Bic, Cso Emails Re Comments Policy 1,3, &4, Jennifer Kalafut, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, Unauthored (D.Hunter), Cso Specific Issues In Policy And Pss, Ifc Nov 2005

Nov. 2005, Unauthored (D.Hunter), Cso Specific Issues In Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc Nov 2005

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, M. Miranda, Wwf, Cso Emails Re Ps6 Redline, Marta Miranda, Jon Sohn, Andrea Durbin, Fergus Mackay Nov 2005

Nov. 2005, M. Miranda, Wwf, Cso Emails Re Ps6 Redline, Marta Miranda, Jon Sohn, Andrea Durbin, Fergus Mackay

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc Nov 2005

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak Nov 2005

Taking Your Case To The Court Of Public Opinion – Strategic, Legal And Ethical Implications Conference, Geoffrey C. Hazard Jr., C. Ronald Ellington, Lonnie T. Brown, David L. Balser, Sally Yates, Peter Canfield, Bruce Harvey, Paul Butler, Joseph Gladden, Larry D. Thompson, Robert Rothman, Linda Disantis, Kenneth Canfield, Adam Liptak

Conferences and Symposia to 2010

During the daylong conference, judges, lawyers and members of the news media debated the professional and moral consequences of discussing legal cases with the media.


Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché Nov 2005

Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché

Cardozo Law Review

No abstract provided.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.