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Articles

1997

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Institution
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Articles 1 - 30 of 47

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The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Nov 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


Testing Testing, Carl E. Schneider Jul 1997

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and …


Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Should There Be Homosexual Marriage? Is So, Who Should Decide? (Reviewing William N. Eskridge, Jr., The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner May 1997

Book Review (Reviewing William N. Eskridge, The Case For Same-Sex Marriage: From Sexual Liberty To Civilized Commitment (1996)), Richard A. Posner

Articles

No abstract provided.


Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg May 1997

Book Review (Reviewing Neal Devins, Shaping Constitutional Values: Elected Government, The Supreme Court, And The Abortion Debate (1996)), Tom Ginsburg

Articles

No abstract provided.


Toward Respectful Representation: Some Thoughts On Selling Same-Sex Marriage, Marc A. Fajer Jan 1997

Toward Respectful Representation: Some Thoughts On Selling Same-Sex Marriage, Marc A. Fajer

Articles

No abstract provided.


Rational Choice, Behavioral Economics, And The Law, Richard A. Posner Jan 1997

Rational Choice, Behavioral Economics, And The Law, Richard A. Posner

Articles

No abstract provided.


How Law Constructs Preferences, Cass R. Sunstein Jan 1997

How Law Constructs Preferences, Cass R. Sunstein

Articles

No abstract provided.


Comment: Accounting For Norms, Richard H. Mcadams Jan 1997

Comment: Accounting For Norms, Richard H. Mcadams

Articles

No abstract provided.


The Origin, Development, And Regulation Of Norms, Richard H. Mcadams Jan 1997

The Origin, Development, And Regulation Of Norms, Richard H. Mcadams

Articles

No abstract provided.


Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter Jan 1997

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.


Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore Jan 1997

Judges And Economics: Normative, Positive, And Experimental Perspectives, Saul Levmore

Articles

No abstract provided.


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos Jan 1997

The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos

Articles

Professor Aiken, in her article Striving to Teach "Justice,Fairness, and Morality," recognizes the importance of integrating the "analysis of difference into traditional courses to ensure that students begin the life-long process of examining their exercise of privilege and develop an appreciation of the professional value of striving for justice, fair- ness, and morality."1 Her article sets out a pedagogical approach to legal education with the goal of constructing a learning experience that maximizes reflection and unmasks privilege. Aiken's article raises important issues for all of us concerned with legal education and the competent representation of clients.


Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel Jan 1997

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

Articles

Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all …


Black And White (Book Review), Anthony V. Alfieri Jan 1997

Black And White (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes Jan 1997

Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes

Articles

No abstract provided.


Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri Jan 1997

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

Articles

No abstract provided.


Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry Jan 1997

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

Articles

No abstract provided.


Abuse Excuse And Patriarchal Narratives, Mary E. Becker Jan 1997

Abuse Excuse And Patriarchal Narratives, Mary E. Becker

Articles

No abstract provided.


Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein Jan 1997

Which Risks First Rethinking Environmental Protection For The 21st Century, Cass R. Sunstein

Articles

No abstract provided.


Foreword: Holmes, Richard A. Posner Jan 1997

Foreword: Holmes, Richard A. Posner

Articles

No abstract provided.


Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell Jan 1997

Institutions And Interpretation: A Critique Of City Of Boerne V. Flores, Michael W. Mcconnell

Articles

No abstract provided.


New Textualism In Constitutional Law, David A. Strauss Jan 1997

New Textualism In Constitutional Law, David A. Strauss

Articles

No abstract provided.


Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker Jan 1997

Simple Games In A Complex World: A Generative Approach To The Adoption Of Norms, Randal C. Picker

Articles

No abstract provided.


The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley Jan 1997

The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley

Articles

No abstract provided.


Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns Jan 1997

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

Articles

No abstract provided.


The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh Jan 1997

The Fearful Symmetry Of Gay Rights, Religious Freedom, And Racial Equality, Walter J. Walsh

Articles

A decade has now passed since Julia Cooper Mack authored her most controversial judicial opinion, Gay Rights Coalition of Georgetown University Law Center v. Georgetown University. That opinion provoked two acts of Congress aimed at its reversal, newspaper editorials from coast to coast, and over one hundred scholarly authors debating its wisdom. In this short essay, I shall suggest that this extended hermeneutic debate has yet to touch upon the deepest implications of Judge Mack's Georgetown opinion. While recent scholarship on this story praises Judge Mack's unusual ability to reconcile clashing interest groups, a more accurate account might be …


Rodrigo's Book Of Manners: How To Conduct A Conversation On Race - Standing, Imperial Scholarship, And Beyond Chronicle, Richard Delgado Jan 1997

Rodrigo's Book Of Manners: How To Conduct A Conversation On Race - Standing, Imperial Scholarship, And Beyond Chronicle, Richard Delgado

Articles

No abstract provided.


The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill Jan 1997

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

Articles

The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …