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Full-Text Articles in Law
The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker
The Evolution Toward Judicial Independence In The Continuing Quest For Lgbt Equality, Susan J. Becker
Law Faculty Articles and Essays
Judicial decisions that hold same-sex marriage bans unconstitutional, no matter how that conclusion is reached, overturn laws or constitutional provisions that were passed with the support of a democratic majority. This Article takes an in-depth look at judicial activism and judicial independence to determine whether such victories for same-sex litigants were done properly by the judiciary. In the eyes of the Framers, an independent judiciary was to be a crucial check on the other branches’ constitutional limitations. With this in mind, judicial independence—where, in contrast with activism, judges meticulously apply the well-examined facts to controlling precedent without accounting for majority …
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Articles & Chapters
“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
The Freedom To Marry: Politics And Law In 2014 And Beyond, Ari Ezra Waldman
Other Publications
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