Law Commons^™

Correspondence: Isms And Schisms: Culturalism Versus Realism In Security Studies, Theo G. Farrell

Faculty of Law, Humanities and the Arts - Papers (Archive)

In "Culture Clash," Michael Desch offers a dismissive assessment of the new culturalist wave in security studies.1 Desch ªnds cultural variables hard to deªne and operationalize, culturalists reluctant to generalize across cases, and inconsistencies within culturalism in security studies such that some cultural theories have more in common with realist theories than with other cultural ones. I deal with each of these criticisms in turn. I then focus on Desch's call for culturalists to subject their theories to "crucial tests." I propose an alternative method, more favored by social scientists and accepted by realists, of comparing realism and culturalism as …

Threats And Preemptive Practices, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Writing And Reading In Philosophy, Law, And Poetry, James Boyd White

Book Chapters

In this paper I will treat a very general question, the nature of writing and what can be achieved by it, pursuing it in the three distinct contexts provided by philosophy, law, and poetry.

My starting-point will be Plato's Phaedrus, where, in a wellknown passage, Socrates attacks writing itself: he says that true philosophy requires the living engagement of mind with mind of a kind that writing cannot attain. Yet this is obviously a paradox, for Socrates' position is articulated and recorded by Plato in writing. How then can we make sense of what Plato is saying and doing? What …

Celebrity And The Media, Frances Bonner, Rebecca Farley, Philip Marshall, Graeme Turner

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper presents the results of a survey of stories dealing with celebrities in a sample of newspapers, magazines, and television programming. Aimed at testing anecdotal accounts of an increase in the volume of such material within the media generally, the survey provides detailed evidence for the view that this now constitutes a significant portion of media output. The paper discusses these findings in the context of attempting to better understand the cultural function of such stories for their audience.

The Fiction Of Public Life, Philip Marshall

Faculty of Law, Humanities and the Arts - Papers (Archive)

One of Woody Allen's first jobs was as a gag/joke writer indirectly for New York gossip columnists. To coordinate with the appearance of famous people at grand openings, Allen would write appropriately witty lines that a star's press agent would work hard to get placed in a newspaper column like Walter Winchell's. The lines would be treated as authentic quotes as the star entered the premiere, club or ceremony (Lax 71). His reputation grew from this ability to see what would be humorous to say in a very public setting, or just generally what would make a particular star look …

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Preempting Oneself: The Right And The Duty To Forestall One's Own Wrongdoing, Leo Katz

All Faculty Scholarship

Economists and philosophers working on problems of rational choice have for some time been concerned with various puzzles raised by so-called "Ullysean" configurations: actors who rationally cause themselves to act irrationally. (e.g., the person who swallows Thomas Schelling's famous irrationality pill to preempt an attempted robbery). What has attracted less attention is that these configurations present fascinating problems for morality, most especially for non-consequentialist morality. This article undertakes the exploration of some of these problems and the implications they hold for the morality of preemptive detention, preemptive self-defense, the creation of prophylactic crimes (like our drug laws) and a variety …

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

All Faculty Scholarship

No abstract provided.

Neither Desert Nor Disease, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer

Journal Articles

In The Practice of Justice, Professor William H. Simon describes justice in a way that differs from the way the Bible describes justice. The big difference is not so much what justice requires (although there is some difference there) as (i) how people decide what justice requires, and (ii) who the "people" are who decide what justice requires. Some of us Christians claim to understand "justice" as the Bible understands it. It may make a difference that, for biblical people, "justice" is righteousness, and righteousness, the Torah teaches, and Rabbi Hillel teaches, and Rabbi Jesus teaches, is practice following upon …

Social Contract Theory In American Case Law, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Privacy And The Public Official: Talking About Sex As A Dilemma For Democracy, Anita L. Allen

All Faculty Scholarship

No abstract provided.

Crazy Reasons, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Face-Ing The Other: An Ethics Of Encounter And Solidarity In Legal Services Practice, Marie Failinger

Faculty Scholarship

In this article, the author proposes that those who work in any capacity with impoverished clients and embattled minority communities imagine practice from within Levinas' key images. First, that ethics is first philosophy - that knowledge of the self, the Other and the context in which ethical action is possible does not precede ethical understanding, decision-making and action, but that rather that we become human in the ethical encounter with the incommensurable Other. Second, that representing a client is in each moment an encounter with the face of the Other. We look up into the face of the Other calling …

The Disability Kaleidoscope, Mary Crossley

Articles

The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Due Process, Community, And The Prince In The Evolution Of The Ordo Iudiciarius, Kenneth Pennington

Scholarly Articles

No abstract provided.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

On Hate And Equality, Alon Harel, Gideon Parchomovsky

All Faculty Scholarship

Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …

Law And Economics Of English Only, William W. Bratton

All Faculty Scholarship

No abstract provided.

Deadweight Costs And Intrinsic Wrongs Of Nativism: Economics, Freedom, And Legal Suppression Of Spanish, William W. Bratton, Drucilla L. Cornell

All Faculty Scholarship

No abstract provided.

The New Etiquette Of Federalism: New York, Printz, And Yeskey, Matthew D. Adler, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.