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Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Law and Contemporary Problems
Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Law and Contemporary Problems
Sharafi explores the emergence of legal pluralism during 1970s and 80s and discusses its relation in the cultural defense. Legal pluralism was more than a methodological stance intended to help lawyers and anthropologists talk to each other; it was an ideological commitment. In the 1980s, scholars like Marc Galanter and Sally Merry inaugurated the legal-pluralist sequel to the "what-is-law" debate between legal positivists and natural-law advocate. There are two major changes in the conception of legal pluralism brought about by the works of Galanter and his colleagues. The first was the shift from the understanding of legal pluralism as a …
Women In Combat: Is The Current Policy Obsolete?, Martha Mcsally
Women In Combat: Is The Current Policy Obsolete?, Martha Mcsally
Duke Journal of Gender Law & Policy
No abstract provided.
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson
Duke Environmental Law & Policy Forum
No abstract provided.
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Duke Law Journal
The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
Law and Contemporary Problems
Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
From The Ne’Er-Do-Well To The Criminal History Category: The Refinement Of The Actuarial Model In Criminal Law, Bernard E. Harcourt
Law and Contemporary Problems
Harcourt discusses three developments in 20th century criminal law: the evolution of parole board decision-making in the early 20th century, the development of fixed sentencing guidelines in the late 20th century, and the growth of criminal profiling as a formal law enforcement tool since the 1960s. In each of these case studies, he focuses on the criminal law decision-making.
The Legal Subject In Exile, Kathryn Abrams
The New Deal Constitution In Exile, William E. Forbath
The New Deal Constitution In Exile, William E. Forbath
Duke Law Journal
No abstract provided.
Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis
Citizen Soldiers: The North Carolina Volunteers And The War On Poverty, Robert R. Korstad, James L. Leloudis
Law and Contemporary Problems
During the summers of 1964 and 1965, more than 300 college students fanned out across the state of North Carolina in a bold campaign to defeat poverty and, as they saw it, to uplift the poor. Korstad and Leloudis trace the history of the North Carolina Fund's Volunteers program, provide an analysis of the contribution that those students made to fighting poverty in the state, and evaluate the impact of that experience on the lives of the Volunteers themselves.
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Criminal Trial Juries In Australia: From Penal Colonies To A Federal Democracy, Michael Chesterman
Law and Contemporary Problems
The recent history of juries in Australia reveals an interesting clash between the endeavours of state and territory governments to reduce the costs associated with jury trial by various means and the determination of the High Court of Australia to reassert the traditional values and features of jury trial.
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
The Canadian Criminal Jury: Searching For A Middle Ground, Neil Vidmar
Law and Contemporary Problems
Vidmar discusses the history of the Canadian jury and develops a profile of the Canadian jury today. The law and rationale behind the procedures involved in the "Bernardo" trial are also described.
The American Criminal Jury, Nancy Jean King
The American Criminal Jury, Nancy Jean King
Law and Contemporary Problems
King describes the American criminal jury, focusing on those aspects of the institution that distinguish it from juries in other parts of the world.
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
The Jury System In Contemporary Ireland: In The Shadow Of A Troubled Past, John D. Jackson, Katie Quinn, Tom O'Malley
Law and Contemporary Problems
Jackson et al discuss the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive within modern Ireland and how it also has managed to decline in significance.
A Revolt In The Ranks: The Great Alaska Court-Bar Fight, Pamela Cravez
A Revolt In The Ranks: The Great Alaska Court-Bar Fight, Pamela Cravez
Alaska Law Review
No abstract provided.
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
The Unfolding Tendency In The Federal Relationship To Private Accreditation In Higher Education, Matthew W. Finkin
Law and Contemporary Problems
The government has come to rely on private organizations for accreditation in higher education. It created the Higher Education Amendments of 1992 Act, which provided for state "postsecondary review entities" to contract with the Department of Education.
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Recent Developments Concerning Accrediting Agencies In Postsecondary Education, Jeffrey C. Martin
Law and Contemporary Problems
The relationship between private voluntary postsecondary accrediting agencies and the federal eligibility for student financial aid programs has attracted public scrutiny, due to the magnitude of loan defaults and the insistence of the agencies that accredited higher education institutions become more demographically diverse. The history of Department of Education recognition of such agencies is examined.
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Congress, The Fcc, And The Search For The Public Trustee, Neal Devins
Law and Contemporary Problems
The features of constitutional politics involving independent agencies are discussed through an examination of FCC efforts to repudiate regulatory initiatives designed to facilitate diversity in broadcasting.
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight
Law and Contemporary Problems
A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.
1940 Statement Of Principles On Academic Freedom And Tenure
1940 Statement Of Principles On Academic Freedom And Tenure
Law and Contemporary Problems
No abstract provided.