Law Commons^™

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

China's Post-Modern Legal Research And Its Prospects（中国的后现代法学研究及其前景）, Meng Hou

Hou Meng

No abstract provided.

Dialectics And Domestic Abuse (Reviewing Elizabeth M. Schneider, Battered Women And Feminist Lawmaking (2000)), Katharine K. Baker

Katharine K. Baker

No abstract provided.

Why Legal Scholars Get Daubert Wrong: A Contextualist Explanation Of Law's Epistemology, Alani Golanski

Alani Golanski

Daubert requires the court to make judgments about scientific evidence. But judges, like jurors, are lay persons in relation to such evidence. So Daubert has been criticized as requiring too much of the court, and such alternatives as blue ribbon panels have been proposed. This article shows that, notwithstanding any problems that Daubert itself might have, the Daubert scholarship is significantly hampered by the way legal scholars categorize knowledge. A "contextualist" (as opposed to "invariantist") theory of knowledge is both philosophically best, and makes sense of law's relation to science.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen Durden

Stephen Durden

No abstract provided.

Nude Entertainment Zoning, Stephen Durden

Stephen Durden

Local government regulation, as opposed to prohibition, of nude entertainment began in earnest in the 1970's. These regulations generally fell into four categories: (1) zoning; (2) prohibiting nude entertainment in conjunction with the service of alcohol; (3) licensing; and (4) regulating conduct, e.g., hours of operation, distance from customers, prohibition of private booths. The proliferation of these many and varied approaches began soon after the Supreme Court in California v. LaRue held that nude dancing is, or at least might be, protected by the First Amendment. Prior to LaRue, states regularly prohibited nude entertainment via general prohibitions on lewd and …

Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella

Gianluigi Palombella

The article suggests a relational concept of fundamental rights. This concept

enhances the «functional» rôle played by some of the rights in the system of a state

governed by the rule of law, rather than an ethical universality or a substantial content

coinciding with any list of «human» rights. Fundamental rights belong to the fundamental

(ideal, substantice and normative) criteria of recognition/selection of actions and norms in

the institutional/normative practice of a legal order. Given this premise, the work analyses

some relevant issues: universal-fundamental nexus, property rights, liberty rights, social

rights. Fundamental rights refuse any rigid classification which identifies and …

'Descriptive Normativity': Kelsen's Sollsatz In The Light Of Some Later Theories, Uta Bindreiter

Uta Bindreiter

No abstract provided.

Rättspositivism, Uta Bindreiter

Uta Bindreiter

Course literature

Presupposing The Basic Norm, Uta Bindreiter

Uta Bindreiter

No abstract provided.

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.

Sati, Louise Harmon

Louise Harmon

No abstract provided.

"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Nancy Levit

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

A Era Pós-Napster, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo analisa questões referentes à divugação não autorizada de obras artísticas pela internet e os problemas enfrentados pela indústria fonográfica, contrastando o direito ao acesso à informação, controle e seu papel fundamental na construção de uma democracia. The article examines issues relating to unauthorized disclosure of artistic works on the Internet and the problems faced by the music industry, opposed by the access to information rights, control and its fundamental role in the building of a democracy.