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2005

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Articles 211 - 240 of 445

Full-Text Articles in Law and Society

No Vision? Youths Need Role Models, Seow Hon Tan Feb 2005

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.


Toward A More Expansive Welfare Devolution Debate, Steven Schwinn Feb 2005

Toward A More Expansive Welfare Devolution Debate, Steven Schwinn

Faculty Scholarship

Leading up to and in the wake of national welfare reform, commentators, scholars, and advocates debated one of the key ingredients in the 1996 legislation: devolution of responsibility for the design and administration of welfare from the federal government to the states. Pro-devolutionists argued that devolution would create 50 state welfare experiments, would result in welfare programs tailored to the unique needs of individual states, and would lead to a race to the top in the quality of welfare programs. Anti-devolutionists argued that devolution would encourage states to compete to repel welfare recipients, to avoid becoming welfare magnets, and, ultimately, …


World Trade Organization’S Identity Crisis: Institutional Legitimacy And Growth Potential In The Developing World, Jason Wiener Feb 2005

World Trade Organization’S Identity Crisis: Institutional Legitimacy And Growth Potential In The Developing World, Jason Wiener

ExpressO

No abstract provided.


Feb.2005, Ifc, Consultation Advisory Note 6, Releases Indicative Draft And Draft Guidance Notes, David Cowan Feb 2005

Feb.2005, Ifc, Consultation Advisory Note 6, Releases Indicative Draft And Draft Guidance Notes, David Cowan

IFC E&S Performance Standards

No abstract provided.


What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence , Richard E. Redding Feb 2005

What Do Juvenile Offenders Know About Being Tried As Adults? Implications For Deterrence , Richard E. Redding

Working Paper Series

An underlying assumption in the nationwide policy shift toward transferring more juveniles to criminal court has been the belief that stricter, adult sentences will act as either a specific or general deterrent to juvenile crime. With respect to general deterrence - whether transfer laws deter would-be offenders from committing crimes - it is important to examine whether juveniles know about transfer laws, whether this knowledge deters criminal behavior, and whether juveniles believe the laws will be enforced against them. The current study is one of the first to examine juveniles' knowledge and perceptions of transfer laws and criminal sanctions. We …


Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann Feb 2005

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.


Worries In A Limitless World, Renata Salecl Feb 2005

Worries In A Limitless World, Renata Salecl

Cardozo Law Review

No abstract provided.


The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett Feb 2005

The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett

Cardozo Law Review

No abstract provided.


No Vision? Youths Need Role Models, Seow Hon Tan Feb 2005

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.


Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen Feb 2005

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.


The Loss Of Critique And The Critique Of Violence, Ariella Azoulay Feb 2005

The Loss Of Critique And The Critique Of Violence, Ariella Azoulay

Cardozo Law Review

No abstract provided.


Jan. 31, 2005, Ifc, Indicative Dft Of Ess Policy And Perf Standards, Ifc Jan 2005

Jan. 31, 2005, Ifc, Indicative Dft Of Ess Policy And Perf Standards, Ifc

IFC E&S Performance Standards

No abstract provided.


Jan. 31, 2005, Ifc, First Draft, Guidance Notes For Pss, Ifc Jan 2005

Jan. 31, 2005, Ifc, First Draft, Guidance Notes For Pss, Ifc

IFC E&S Performance Standards

No abstract provided.


The Corporation As God, Douglas Litowitz Jan 2005

The Corporation As God, Douglas Litowitz

ExpressO

No abstract provided.


Jan. 26, 2005, Bic, Stepping Back, Examples Of Weakened Standards In The Ifc, Ifc Jan 2005

Jan. 26, 2005, Bic, Stepping Back, Examples Of Weakened Standards In The Ifc, Ifc

IFC E&S Performance Standards

No abstract provided.


Critical Thinking Straight From The Heart, Seow Hon Tan Jan 2005

Critical Thinking Straight From The Heart, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The state of the hearts of our young people, specifically whether they have the moral courage to stand up for what they believe in, is in the spotlight again with this newspaper's upcoming Youthink pages intended to showcase their views. The Youthink pages might go some way to show if the concern with our youth is well-founded. An interesting issue is raised: What exactly is critical thinking?


"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp Jan 2005

"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp

Faculty Scholarship

This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …


Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis Jan 2005

Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis

Faculty Scholarship

The purpose of this article is to compare the regulation of several professions within the state of Florida. In Florida, attorneys are self-regulated through the Florida Bar. As a branch of the Supreme Court of Florida, The Florida Bar serves as the licensing agency of attorneys within the state. Two other professions--real estate professionals and certified public accountants--in which the public also places fiscal trust and responsibility, are regulated through a different agency, the Department of Business and Professional Regulation. This article seeks to examine and explain the different methods of licensing and regulation between these professional groups and looks …


Good Manners, Gay Rights And The Law, Keith J. Bybee Jan 2005

Good Manners, Gay Rights And The Law, Keith J. Bybee

College of Law - Faculty Scholarship

In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the …


Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee Jan 2005

Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee

College of Law - Faculty Scholarship

In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …


Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss Jan 2005

Note: A Painful Catch-22: Why Tort Liability For Inadequate Pain Management Will Make For Bad Medicine, James R. Blaufuss

William Mitchell Law Review

Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates …


Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill Jan 2005

Same-Sex Marriage, Slippery Slope Rhetoric, And The Politics Of Disgust: A Critical Perspective On Contemporary Family Discourse And The Incest Taboo, Courtney Megan Cahill

Scholarly Publications

No abstract provided.


Cheers, Profanity, And Free Speech, Howard M. Wasserman Jan 2005

Cheers, Profanity, And Free Speech, Howard M. Wasserman

Faculty Publications

No abstract provided.


Critical Race Realism: Re-Claiming The Antidiscrimination Principle Through The Doctrine Of Good Faith In Contract Law, Emily Houh Jan 2005

Critical Race Realism: Re-Claiming The Antidiscrimination Principle Through The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article employs what it calls "critical race realism" to theorize and propose a common law antidiscrimination claim that incorporates contemporary re-conceptualizations of antidiscrimination jurisprudence and grounds itself doctrinally not in civil rights law but in the contractually implied obligation of good faith. "Critical race realism" refers in part to this Article's explicit goal, in proposing the common law claim, to re-conceive explicitly the private law doctrine of good faith as one that might assist in effecting a public law norm of equality. By employing critical race realism, this Article hopes to help revive the controversy over what constitutes the …


Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner Jan 2005

Gay And Lesbian Adoption: Banishing The Pied Piper, Amy D. Ronner

St. Thomas Law Review

In my recent book, Homophobia and the Law, Robert Browning's Pied Piper, "the strangest figure" with a "queer long coat from heal to head, inducts a core chapter, the one on Children. After all, it is this notorious Pied Piper, who absconds with the town's children, leads them through a "wondrous portal" into the mountain-side cave, and renders their laughter inaudible forever. The Pied Piper has evolved into a menacing conceit that perpetuates discrimination against gay and lesbian couples. It is predicated on an irrational notion that homosexuals will, by coaxing children toward their own sexual orientation, seal them in …


A Search For Reason In Fairy Tales, John F. Fernandez Jan 2005

A Search For Reason In Fairy Tales, John F. Fernandez

St. Thomas Law Review

A fairy1 tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …


Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry Jan 2005

Opening Another Exit From Child Welfare For Special Needs Children - Why Some Gay Men And Lesbians Should Have The Privilege To Adopt Children In Florida, Cynthia R. Mabry

St. Thomas Law Review

This article addresses the question of whether some gay and lesbian adults should be permitted to adopt any children in the State of Florida, especially children with special needs. Part I more clearly describes children with special needs. Part II discusses who may adopt special needs children. Part III briefly covers gay and lesbian adoption statistics. Part IV sets forth general and specific factors that may be used in determining whether a particular gay man or lesbian is suitable for adopting children in Florida. This section also enumerates and discusses reasons that are offered to support bans on same-sex adoption. …


Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh Jan 2005

Stemming The Tide Of Stem Cell Research: The Bush Compromise, 38 J. Marshall L. Rev. 1061 (2005), Patrick Walsh

UIC Law Review

No abstract provided.


Toward An Ethic Of Teaching: Class, Race And The Promise Of Community Engagement, Roberto L. Corrada Jan 2005

Toward An Ethic Of Teaching: Class, Race And The Promise Of Community Engagement, Roberto L. Corrada

Villanova Law Review (1956 - )

No abstract provided.


Globalized Citizenship: Sovereignty, Security And Soul, Berta Esperanza Hernandez-Truyol Jan 2005

Globalized Citizenship: Sovereignty, Security And Soul, Berta Esperanza Hernandez-Truyol

Villanova Law Review (1956 - )

No abstract provided.