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Articles 1 - 24 of 24
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The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
Michigan Law Review
Earl Warren is dead.
A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.
The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.
Questioning Broadcast Regulation, Jonathan Weinberg
Questioning Broadcast Regulation, Jonathan Weinberg
Michigan Law Review
A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
Michigan Law Review
A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Crimewarps: The Future Of Crime In America, Brandon D. Lawniczak
Michigan Law Review
A Review of Crimewarps: The Future of Crime in America by Georgette Bennett
A Need For Caring, Judith Areen
A Need For Caring, Judith Areen
Michigan Law Review
A Review of AIDS and the Law: A Guide for the Public edited by Harlon L. Dalton, Scott Burris and the Yale AIDS Law Project
Democratic Education, Jonathan Marks
Democratic Education, Jonathan Marks
Michigan Law Review
A Review of Democratic Education by Amy Gutmann
The Public Defender, Robert R. Kimball
The Public Defender, Robert R. Kimball
Michigan Law Review
A Review of The Public Defender by Lisa J. McIntyre
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
And We Are Not Saved: The Elusive Quest For Racial Justice, Kevin Edward Kennedy
Michigan Law Review
A Review of And We Are Not Saved: The Elusive Quest for Racial Justice by Derrick A. Bell
Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love
Stories Of Rights: Developing Moral Theory And Teaching Law, Patricia A. Cain, Jean C. Love
Michigan Law Review
A Review of Rights, Restitution, & Risk: Essays in Moral Theory by Judith Jarvis Thomson, edited by William Parent
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Legislatures And Legal Change: The Reform Of Divorce Law, Carl E. Schneider
Michigan Law Review
A Review of A Silent Revolution: Routine Policy Making and the Transformation of Divorce Law in the United States by Herbert Jacob
Corporations And Society: Power And Responsibility, Sara Anne Engle
Corporations And Society: Power And Responsibility, Sara Anne Engle
Michigan Law Review
A Review of Corporations and Society: Power and Responsibility edited by Warren J. Samuels and Arthur S. Miller
Abortion And Divorce In Western Law, Sara J. Vance
Abortion And Divorce In Western Law, Sara J. Vance
Michigan Law Review
A Review of Abortion and Divorce in Western Law by Mary A. Glendon
Reexamining The Law Of Rape, Janet E. Findlater
Reexamining The Law Of Rape, Janet E. Findlater
Michigan Law Review
A Review Real Rape by Susan Estrich
Rummaging Through The Emperor's Wardrobe, Don Herzog
Rummaging Through The Emperor's Wardrobe, Don Herzog
Michigan Law Review
A Review of Politics: A Work in Constructive Social Theory. 3 Volumes by Roberto Mangabeira Unger
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
The Twentieth-Century Revolution In Family Wealth Transmission, John H. Langbein
Michigan Law Review
The main purpose of this article is to sound a pair of themes about the ways in which these great changes in the nature of wealth have become associated with changes of perhaps comparable magnitude in the timing and in the character of family wealth transmission. My first theme, developed in Part II, concerns human capital. Whereas of old, wealth transmission from parents to children tended to center upon major items of patrimony such as the family farm or the family firm, today for the broad middle classes, wealth transmission centers on a radically different kind of asset: the investment …
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
Pornography Is A Civil Rights Issue For Women, Andrea Dworkin
University of Michigan Journal of Law Reform
My name is Andrea Dworkin. I am a citizen of the United States, and in this country where I live, every year millions and millions of pictures are being made of women with our legs spread. We are called beaver, we are called pussy, our genitals are tied up, they are pasted, makeup is put on them to make them pop out of a page at a male viewer. Millions and millions of pictures are made of us in postures of submission and sexual access so that our vaginas are exposed for penetration, our anuses are exposed for penetration, our …
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
Methodological Issues In The Content Analysis Of Pornography, Daniel Linz, Edward Donnerstein
University of Michigan Journal of Law Reform
No scientifically sound analysis of the content of pornography in the United States as a whole currently exists. Dietz and Sears's article takes us a small step closer to quantifying the contents of pornography. Some of the methods employed in the present study, however, prohibit us from making solid generalizations from the findings reported here to the nationwide pornographic marketplace. Our critique of the article will concentrate first on the methods employed in the study and then on the findings obtained through these methods and the authors' interpretation of these findings.
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson
University of Michigan Journal of Law Reform
This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
Pornography And Obscenity Sold In "Adult Bookstores": A Survey Of 5132 Books, Magazines, And Films In Four American Cities, Park Elliott Dietz, Alan E. Sears
University of Michigan Journal of Law Reform
During the eighteen months that the Attorney General's Commission on Pornography (the Commission) conducted public hearings, public discussion, and staff research, one of the most common types of inquiry directed to the staff consisted of questions as to the content of pornography currently available in the United States. Critics of the Commission's work asserted that the pornography used as exhibits by witnesses at the public hearings was extreme, not commonly available, or unrepresentative of that sold in pornography retail outlets; The only pertinent, quantitative data available to the Commission appeared in a single report in the American Journal of Psychiatry …
Law And Sex, Christina B. Whitman
Law And Sex, Christina B. Whitman
Reviews
In Feminism Unmodified, a collection of speeches given between 1981 and 1986, Catharine MacKinnon talks of law from the perspective of feminism. MacKinnon does not approach her topic as a lawyer with a uniquely legal perspective on feminism; she brings, instead, a distinctively feminist approach to law. Nor is the feminism from which she speaks grounded in the standard political theories: MacKinnon disclaims and attacks the Marxist approach to feminism, the socialist approach to feminism, and, most emphatically and repeatedly, the liberal approach to feminism that has been embraced by many lawyers in their effort to use law to eliminate …
Judicial Criticism, James Boyd White
Judicial Criticism, James Boyd White
Book Chapters
Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism," our "values" are defined and made actual in most important ways.
I will begin with a double quotation. I recently heard my friend and colleague Alton Becker, who writes about language and culture, begin a …
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
Ordeal In Iceland, William I. Miller
Ordeal In Iceland, William I. Miller
Articles
Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …
Law And Literature: 'No Manifesto', James Boyd White
Law And Literature: 'No Manifesto', James Boyd White
Articles
With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?