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2013

Yale Law School

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Cross Dressing And The Criminal, I. Bennett Capers May 2013

Cross Dressing And The Criminal, I. Bennett Capers

Yale Journal of Law & the Humanities

Notwithstanding its title, this Article is only somewhat about transvestites who commit bone-chilling crimes. Those fictional characters we know so well - Norman Bates in Psycho, who dons his dead mother's clothes before offing his female victims; Dr. Robert Elliott in Dressed to Kill, who shares a split personality with a razor wielding transvestite; Buffalo Bill in The Silence of the Lambs, who so desperately wants to inhabit a woman's body that he literally flays his female victims for their skin, "making himself a girl suit out of real girls" - these characters make appearances in this Article, but play ...


What It Is And What It Isn't: Cultural Studies Meets Graduate-Student Labor, Toby Miller May 2013

What It Is And What It Isn't: Cultural Studies Meets Graduate-Student Labor, Toby Miller

Yale Journal of Law & the Humanities

This Essay performs two functions. First, it surveys cultural studies. Second, it takes issue with criticisms of cultural studies for being socially irrelevant by pointing to its capacity to galvanize opposition to exploitation even though many of its operating assumptions are awkward for governmental normativity (such as the law) to accept.

Cultural studies is a tendency across disciplines, rather than a discipline itself. This is evident in practitioners' simultaneously expressed desires to refuse definition, to insist on differentiation, and to sustain conventional departmental credentials (as well as displaying pyrotechnic, polymathematical capacities for reasoning and research). Cultural studies is animated by ...


Reexamining The Prohibition Amendment, W. J. Rorabaugh May 2013

Reexamining The Prohibition Amendment, W. J. Rorabaugh

Yale Journal of Law & the Humanities

Richard E Hamm, Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880-1920. Chapel Hill: University of North Carolina Press, 1995. Pp. x, 341. $49.95.

Richard Hamm's book, Shaping the Eighteenth Amendment, is a welcome addition to the literature on prohibition and the history of drinking in America. The author's most important contribution is to demonstrate the significance of law and the courts, both for prohibition in particular and for progressive politics more generally. He shows how the internal dynamics of legal processes, including the give and take of legislative and judicial bodies, provide the ...


Critical Legal Studies As Radical Politics And World View, Eugene D. Genovese Mar 2013

Critical Legal Studies As Radical Politics And World View, Eugene D. Genovese

Yale Journal of Law & the Humanities

Mark Kelman, A Guide to Critical Legal Studies, Cambridge, MA: Harvard University Press, 1987. Pp. ix, 360. $14.95.

As an act of simple justice to Professor Mark Kelman and his A Guide to Critical Legal Studies, I must begin with a caveat. Every author has the right to expect a reviewer to criticize the book he has written, not the one he might have written. I have tried to meet that obligation but probably failed. Accordingly, Professor Kelman has a right to get sore. Still, the Critical Legal Studies movement entails a good deal more than quarrels over strictly ...


The Justice As Janus-Figure, Allen D. Boyer Mar 2013

The Justice As Janus-Figure, Allen D. Boyer

Yale Journal of Law & the Humanities

Sheldon M. Novick. Honorable Justice: The Life of Oliver Wendell Holmes. New York: Little, Brown & Company, 1989. Pp. 522. $21.95.

June 1, 1862, in the Virginia Tidewater, the 20th Massachusetts Regiment was ordered to prepare for an attack by Confederate cavalry. Fixing their bayonets, the men formed up in a hollow square. Company G, led by Captain Oliver Wendell Holmes, Jr., faced the direction from which the enemy was expected. As Sheldon Novick relates the story, Captain Holmes

"unsheathed his sword and held his pistol ready-a cavalry charge would come right on them, and the men would have to ...