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Articles 1 - 12 of 12
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Feminist Spiritualities: A Brief Overview, Marilyn R. Pukkila
Feminist Spiritualities: A Brief Overview, Marilyn R. Pukkila
Faculty Scholarship
A bibliographic essay on the early beginnings of feminist spirituality literature, from the 1960s to 1998.
The Literature Of Contemporary Witchcraft: Formalists, Femininsts, And Free Spirits, Marilyn R. Pukkila
The Literature Of Contemporary Witchcraft: Formalists, Femininsts, And Free Spirits, Marilyn R. Pukkila
Faculty Scholarship
A bibliographic essay on the writings of contemporary Witchcraft, from the late 1890s to 1998.
Libraries Face Internet Filter Question, Pat Newcombe
Libraries Face Internet Filter Question, Pat Newcombe
Faculty Scholarship
The Author describes how libraries electronically bar access to objectionable Internet sites and the legal trouble encountered with this policy by free-speech advocates. The ALA, the American Civil Liberties Union, and other free-speech advocates have strongly resisted having libraries play the role of lnternet censor. But parents and patrons who use the libraries on a regular basis have pressured libraries in a growing number of communities to devise some kind of barrier to viewing sexually explicit material from the Internet on library PCs.
Lassoing Legal Software, Pat Newcombe
Lassoing Legal Software, Pat Newcombe
Faculty Scholarship
In Texas, a statute prohibiting the unlicensed practice of law dates back to the Depression. Overseeing this statute is the Unauthorized Practice of Law (UPL) Committee, a state judicial panel formed to investigate and prosecute companies and individuals who practice law without a license. In 1998, the panel brought charges against Iowa-based Parsons Technology Inc., publisher of Quicken Family Lawyer. The committee claimed the software was designed in a manner that crossed the line of practicing without a license. They alleged that the software program, which features Harvard University law professor Arthur Miller guiding users through the steps to produce …
Web Regulation Battles Heat Up, Pat Newcombe
Web Regulation Battles Heat Up, Pat Newcombe
Faculty Scholarship
This Article discusses the implications for publishers, libraries, and the public regarding a ruling issued in June by a judge who ruled that a federal agency's attempt to regulate publishers of online newsletters and software was unconstitutional. That same month in Texas, Governor George W. Bush signed legislation that overturned a ban on self-help legal software in the state. In both cases, the forces in favor of deregulation and freedom of speech on the Internet prevailed against those in favor of government regulation and licensing. Federal regulators were told they could not force publishers and software producers--in this case, of …
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan
Faculty Scholarship
Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Context And Culpability In Adolescent Crime, Jeffrey A. Fagan
Faculty Scholarship
This Essay merges the perspectives of context and decision-making to assess the role of contextual factors in the unfolding of violent events by adolescents. The framework for decision-making assumes that context is a dynamic rather than a static feature of the cognitive landscape. Decisions by adolescents to engage in crime or violence are shaped through interactions with features of their environments, are contingent on responses emanating from that context, and are filtered through the unique lens of adolescence. Rather than assuming discrete and independent components in a decision framework, this Essay assumes that decisions are the product of interactions across …
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Rethinking Cost-Benefit Analysis, Matthew D. Adler, Eric A. Posner
Faculty Scholarship
This paper analyzes cost-benefit analysis from legal, economic, and philosophical perspectives. The traditional defense of cost-benefit analysis is that it maximizes a social welfare function that aggregates unweighted and unrestricted preferences. We follow many economists and philosophers who conclude that this defense is not persuasive. Cost-benefit analysis unavoidably depends on controversial distributive judgments; and the view that the government should maximize the satisfaction of unrestricted preferences is not plausible. However, we disagree with critics who argue that cost-benefit analysis produces morally irrelevant evaluations of projects and should be abandoned. On the contrary, cost-benefit analysis, suitably constrained, is consistent with a …
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Abdication Or Delegation? Congress, The Bureaucracy, And The Delegation Dilemma, Mathew D. Mccubbins
Faculty Scholarship
No abstract provided.
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Faculty Scholarship
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
Book Review, Matthew D. Adler
Book Review, Matthew D. Adler
Faculty Scholarship
Reviewing, Incommensurability, Incomparability and Practical Reason (Ruth Chang ed., 1997)
Three Limitations Of Deliberative Democracy: Identity Politics, Bad Faith, And Indeterminancy, William H. Simon
Three Limitations Of Deliberative Democracy: Identity Politics, Bad Faith, And Indeterminancy, William H. Simon
Faculty Scholarship
In Democracy and Disagreement, Amy Gutmann and Dennis Thompson elaborate a liberal political style designed to complement the substantive liberalism they and others have developed in recent years. The style they portray is deliberative, and its essence is the appeal to principle.