@article{1562992,
      recid = {1562992},
      author = {Rosen, Lawrence,},
      title = {The Rights of Groups : Understanding Community in the Eyes  of the Law /},
      pages = {1 online resource},
      abstract = {Argues that a refined concept of culture can be used by  American courts to better analyze cases that cover the  sense of community.Supreme Court Justices frequently  justify their opinions in terms of the traditions and  customs of a community. Yet, the rights and interests of  entities that fit neither with the state nor the individual  are treated as fluid and subjective, often existing without  clarity in the current legal framework. The Rights of  Groups focuses on a series of specific examples to argue  that a more refined concept of culture than has been  employed by American courts could offer better ways to  analyze a broad range of cases that employ the notion of  community.Through an original reading of the Ninth  Amendment, Lawrence Rosen illustrates how a constitutional  consideration for group protections might be applied to  decisions arising before the Supreme Court, including the  decision to overturn Roe v. Wade. Similarly, in other  chapters, Rosen shows how a revised theory of culture can  change the concepts--including those of "community"--that  courts currently apply, whether it is the application of  indigenous concepts of value to revise the statutes  governing intellectual property, the importance to native  peoples that burial remains be returned to the group, the  role a community can play in the responsibilities attendant  on the prudent investor rule, the cultural organization of  Western states' water resources, or the implementation of a  new basis for group defamation suits. The book thus  concludes with a call for a more sophisticated concept of  culture that can sharpen our usage of the legitimate rights  and interests of those entities that fit neither with the  state nor the individual.},
      url = {http://library.usi.edu/record/1562992},
}