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Articles 1 - 30 of 65
Full-Text Articles in Entire DC Network
Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson
Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson
Book Reviews
This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Moral Discourse, Bioethics, And The Law, Carl E. Schneider
Articles
Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram
Cornell Law Faculty Publications
Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.
Children Going West, Kenneth Anderson
Children Going West, Kenneth Anderson
Book Reviews
(Review Essay of Hillary Clinton, it Takes a Village)This Times Literary Supplement (London) review essay from 1996 takes up Hillary Rodham Clinton's It Takes a Village and Other Lessons Children Teach Us, and Emmy E. Werner's, Pioneer Children on the Journey West. The review takes a tough line against the therapeutic yet simultaneously authoritarian ethic of Clinton's book; it argues that Clinton has essentially conflated a set of local community institutions - places of identity - with state institutions of therapeutic and social control - bureaucratic loci of state management of deracinated, passive individuals. It sets this against the ethic …
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson
Book Reviews
This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …
Comments By Angel Oquendo, Ángel Oquendo
Comments By Angel Oquendo, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres
Cornell Law Faculty Publications
This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …
Better Living Through Crime And Tort, Anita Bernstein
Better Living Through Crime And Tort, Anita Bernstein
Faculty Scholarship
No abstract provided.
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Lessons From The Past: Revenge Yesterday And Today Symposium, Tamar Frankel
Faculty Scholarship
Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …
Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French
Of Narrative In Law And Anthropology (Reviewing Three Titles), Rebecca Redwood French
Book Reviews
Reviewing Martha Minow et al. eds., Narrative, Violence, and the Law: The Essays of Robert Cover (1992); Robin West, Narrative, Authority, and Law (1993); and Lila Abu-Lughod, Writing Women’s Worlds: Bedouin Stories (1992).
Vagueness And Indecency, Jonathan Weinberg
Vagueness And Indecency, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
Dianne Pothier Collection
On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …
Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein
Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein
Publications
No abstract provided.
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Articles
No abstract provided.
The German Duality Of State And Society, David Abraham
The Trouble With Hairdressers, Donald J. Herzog
The Trouble With Hairdressers, Donald J. Herzog
Articles
Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White
Articles
I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal language; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in legal life.
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Adventures In The Zone Of Twilight: Separation Of Powers And National Economic Security In The Mexican Bailout, Russell D. Covey
Faculty Publications By Year
No abstract provided.
The Nativist's Dream Of Return, Robert S. Chang
The Nativist's Dream Of Return, Robert S. Chang
Faculty Articles
In this address, Professor Robert Chang discusses how the current racial paradigm has become naturalized so that race in America is generally understood to mean black and white. It is this notion of race that limits people understanding and willingness to engage with the history and current state of Asian Americans and Latinos in the United States. Instead of being interested participants, they are seen as interlopers. Yet this status as interloper is precisely why Asian Americans and Latinos are important in discussions of race-our existence disrupts the comfortable binary of the black/white racial paradigm in which the black racial …
Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk
Novel Theories Of Criminal Defense Based Upon The Toxicity Of The Social Environment: Urban Psychosis, Television Intoxication, And Black Rage, Patricia J. Falk
Law Faculty Articles and Essays
In recent years, defendants have proffered a multitude of novel theories of criminal defense in seeking to explain their criminal behavior in terms of internal and external influences beyond their control, including biological processes, chemical reactions, intra-psychic dynamics, social conditions, and cross cultural stresses. This Article focuses on one subset of this burgeoning class of defenses: those based upon the central premise that the defendant's criminal conduct was caused, or significantly influenced, by his exposure to social environmental factors or, if you will, toxins affecting his mental functioning. While a wide panoply of toxins exist within the fabric of our …
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana
LLM Theses and Essays
In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White
A Conversation Between Milner Ball And James Boyd White, Milner S. Ball, James Boyd White
Other Publications
The editors of the Journal invited me to review James Boyd White's Acts of Hope. In response I proposed inviting Professor White to join me in a conversation about his work. First the editors and then he accepted the proposal. Professor White and I agreed that we might call a halt to this experiment at any time because we would not subvert our friendship in the attempt to enact an instance of it in print. The editors accepted the risk that we might at last have no pages for them. - MSB
Libertarianism With A Twist, Heidi Li Feldman
Libertarianism With A Twist, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Review of SIMPLE RULES FOR A COMPLEX WORLD. By Richard A. Epstein. Cambridge: Harvard University Press. 1995. Pp. xiv, 361.
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers
What If? The Legal Consequences Of Marriage And The Legal Needs Of Lesbian And Gay Male Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country - taxation, torts, evidence, social welfare, inheritance, adoption, and on and on. In this article I inquire into the patterns these laws form and the central benefits and obligations that marriage entails, a task few scholars have undertaken in recent years. I have done so because same-sex couples, a large group not previously eligible to marry under the laws of any American jurisdiction, may be on the brink of securing the opportunity to do so in …
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger
Articles & Chapters
This chapter discusses the concept of class in an important subfield, the sociology of law. Class, a pivotal institution of society, was central to the earliest studies of legal institutions and of law and inequality in particular. More recently, class has played a less important role. This chapter argues for the continuing importance of class and provides examples of its potential use in contemporary sociolegal research. The first part reviews early work that employed class and instrumental models of the state. Grounded, anti-formal models of law provided a contrasting view. Following wider trends in the discipline, sociology of law turned …
Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts
Last Writes? Re-Assessing The Law Review In The Age Of Cyberspace, Bernard J. Hibbitts
Articles
This article - the original version of which was published on the author’s website in February 1996, possibly making it the first scholarly article posted online by a law professor before print publication - undertakes a comprehensive re-assessment of the law review from the perspective of the present age of cyberspace. In Part I, I investigate the conditions that initially joined to generate the form, showing how the law review emerged in the late nineteenth and early twentieth centuries as the product of the fortuitous interaction of academic circumstances and improvements in publishing technology. In Part II, I trace the …
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
The Color Of Money, Paul F. Campos
The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang
The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang
Faculty Articles
Stuart Hall, writing in the context of British Cultural Studies, describes the demise of the essential black subject as the end of innocence. We have seen in feminist theory and in critical race theory the debate about essentialism, along with various recuperative proposals such as intersectionality, multiple consciousness, positionality, and strategic essentialism. Rather than revisit those discussions, Professor Chang raises the possibility of constructing new subject positions in an attempt to move us beyond the difference divide, to move us from identity politics as we now know it to political identities. In this essay, Professor Chang asks whether we can …