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The Virtual Sociality Of Rights: The Case Of "Women's Rights Are Human Rights", Annelise Riles
The Virtual Sociality Of Rights: The Case Of "Women's Rights Are Human Rights", Annelise Riles
Public Law and Legal Theory Papers
This essay traces the relationship between activists and academics involved in the campaign for "women's rights as human rights" as a case study of the relationship between different classes of what I call "knowledge professionals" self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of "rights" and a reimagination of rights as "rights talk" proved to be such fertile ground for academic scholarship did the same "rights" prove to be an equally fertile ground for activist networking and lobbying activities? The paper …
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
The Public Justification Approach To Statutory Interpretation, Bernard W. Bell
Rutgers Law School (Newark) Faculty Papers
Legislative history seems inextricably intertwined with the concept of legislative intentexamining legislative history makes sense only if one wishes to determine legislative intent. The contestants on both sides of the current battle over using legislative history may agree on little, but they seem to agree on this point. Legislative history’s devotees argue that determining legislative intent is the goal of statutory interpretation, and the legitimacy of referring to legislative history seems to follow without much argument. That is, legislative history merely serves as a tool to find illusive legislative intent, but, in itself, lacks significance. Those who attack legislative history …
Facilitating Scientific Research: Intellectual Property Rights And The Norms Of Science - A Response To Rai And Eisenberg, Scott F. Kieff
Facilitating Scientific Research: Intellectual Property Rights And The Norms Of Science - A Response To Rai And Eisenberg, Scott F. Kieff
Law and Economics Papers
Arti Rai's article in the Fall 1999 issue of the Northwestern University Law Review explores the proper use of both legal rules and prescriptive norms to shape behavior in the basic biological research community. Rai's article builds upon the extensive work in this area by Rebecca Eisenberg, which first attained prominence through Eisenberg's article in the December 1987 issue of the Yale Law Journal. Eisenberg concludes that the use of patents in the area of basic biological research may frustrate central norms of the community. Rai prescribes concerted public and private action as the best tools for avoiding patents and …
Should Parents Be Given Extra Votes On Account Of Their Children?: Toward A Conversational Understanding Of American Democracy, Robert Bennett
Should Parents Be Given Extra Votes On Account Of Their Children?: Toward A Conversational Understanding Of American Democracy, Robert Bennett
Public Law and Legal Theory Papers
The liberal political theory that was used to rationalize the apportionment jurisprudence of the 1960s suggests--with a little republican help from the notion of "virtual representation"--the possibility of extra votes for parents on account of their children. It suggests the notion so clearly that the almost complete absence of the idea from American political discourse is something of a mystery. The mystery is deepened by the fact that apportionment is usually done according to total population. Extra voting power is thus already being cast on account of children, but by the district population as a whole, rather than parents. The …