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Articles 1 - 30 of 138
Full-Text Articles in Law
Brown And Lawrence (And Goodridge), Michael J. Klarman
Brown And Lawrence (And Goodridge), Michael J. Klarman
Michigan Law Review
One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd
Deterrence Versus Brutalization: Capital Punishment's Differing Impacts Among States, Joanna M. Shepherd
Michigan Law Review
Policymakers' false beliefs about capital punishment's universal deterrent effect may have caused many people to die needlessly. If deterrence is capital punishment's purpose then, in the majority of states where executions do not deter crime, executions kill convicts uselessly. Moreover, in the many states where the brutalization effect outweighs the deterrent effect, executions not only kill convicts needlessly but also induce the additional murders of many innocent people. After Part II discusses capital punishment's recent history in the United States, Part III reviews the conflict in recent studies on capital punishment and deterrence. Part IV explores differences in states' applications …
Culture Or Rights Violation? An Examination Of The Role Of Jamaica's Sociopolitical Culture On Women's Rights, Danielle J. Barrett
Culture Or Rights Violation? An Examination Of The Role Of Jamaica's Sociopolitical Culture On Women's Rights, Danielle J. Barrett
Buffalo Women's Law Journal
No abstract provided.
Moving Beyond The Black/White Paradigm: An Introduction, Dorothy A. Brown
Moving Beyond The Black/White Paradigm: An Introduction, Dorothy A. Brown
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Intergroup Relations Research Can Tell Us About Coalition Building, Robyn K. Mallett, Stacey Sinclair, Jeffrey R. Huntsinger
What Intergroup Relations Research Can Tell Us About Coalition Building, Robyn K. Mallett, Stacey Sinclair, Jeffrey R. Huntsinger
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What If You Were First And No One Cared: The Appointment Of Alberto Gonzales And Coalition Building Between Latinos And Communities Of Color, Reynaldo A. Valencia
What If You Were First And No One Cared: The Appointment Of Alberto Gonzales And Coalition Building Between Latinos And Communities Of Color, Reynaldo A. Valencia
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Paper Daughters, Nancy K. Ota
Paper Daughters, Nancy K. Ota
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
Some Potential Casualties Of Moving Beyond The Black/White Paradigm To Build Racial Coalitions, Rogelio A. Lasso
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Race And The Death Penalty After Mccleskey: A Case Study Of Kentucky's Racial Justice Act, Justin R. Arnold
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Search And Persuasion In Trademark Law, Barton Beebe
Search And Persuasion In Trademark Law, Barton Beebe
Michigan Law Review
The consumer, we are led to believe, is the measure of all things in trademark law. Trademarks exist only to the extent that consumers perceive them as designations of source. Infringement occurs only to the extent that consumers perceive one trademark as referring to the source of another. The most "intellectual" of the intellectual properties, trademarks are a property purely of consumers' minds. The simple idealist ontology underlying trademark law is largely responsible for the law's characteristic instability. Since 1992, the Supreme Court has considered - and in some cases, reconsidered - seven trademark cases. The Court's copyright cases garner …
Giving The Gift Of Public Office, James A. Gardner
Giving The Gift Of Public Office, James A. Gardner
Buffalo Law Review
This interpretive essay, written for the Buffalo Law Review's annual essay issue, identifies an increasingly common pathology of American democracy in which voters treat the election of public officials not as an instrumental act designed to influence public policy, but as an opportunity to present public office as a gift to those who have pleased, entertained, or moved them. The reelection of Strom Thurmond to the Senate at age 93 and the election of nearly forty congressional widows to their late husbands' seats exemplify this trend. Although this behavior bears a passing resemblance to eighteenth-century habits of political deference and …
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Buffalo Law Review
No abstract provided.
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Autonomy And End-Of-Life Decision Making: Reflections Of A Lawyer And A Daughter, Ray D. Madoff
Buffalo Law Review
No abstract provided.
Unfortunately, White-Collar Is The Default Setting: Boys And Higher Education, John Henry Schlegel
Unfortunately, White-Collar Is The Default Setting: Boys And Higher Education, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Law As Communitarian Virtue Ethics, Sherman J. Clark
Law As Communitarian Virtue Ethics, Sherman J. Clark
Buffalo Law Review
No abstract provided.
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Making Sense Of The Sense Of Justice, Markus Dirk Dubber
Buffalo Law Review
No abstract provided.
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Buffalo Law Review
No abstract provided.
Police And Democracy, David Alan Sklansky
Police And Democracy, David Alan Sklansky
Michigan Law Review
Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
San Diego International Law Journal
This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu
University of Richmond Law Review
No abstract provided.
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Michigan Law Review
Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …
Equality, Objectivity, And Neutrality, Alafair S. Burke
Equality, Objectivity, And Neutrality, Alafair S. Burke
Michigan Law Review
When is homicide reasonable? That familiar, yet unanswered question continues to intrigue both courts and criminal law scholars, in large part because any response must first address the question, "reasonable to whom?" The standard story about why that threshold question is both difficult and interesting usually involves a juxtaposition of "objective" and "subjective" standards for judging claims of reasonableness. On the one hand, the story goes, is a "subjective" standard of reasonableness under which jurors evaluate the reasonableness of a criminal defendant's beliefs and actions by comparing them to those of a hypothetical reasonable person sharing all of the individual …
Addressing Imperfections In The Tax System: Procedural Or Substantive Reform?, Leandra Lederman, Stephen W. Mazza
Addressing Imperfections In The Tax System: Procedural Or Substantive Reform?, Leandra Lederman, Stephen W. Mazza
Michigan Law Review
Books about tax administration tend to fall into one of two broad categories: those that paint the Internal Revenue Service ("IRS") as an agency peopled by corrupt, out-of-control bureaucrats who take pleasure in seeing innocent taxpayers suffer, and those that tell readers how to structure their affairs to minimize the risk of incurring an IRS employee's wrath during a tax audit. Perfectly Legal, the full title of which communicates David Cay Johnston's intent to focus on the tax system, does neither of those things. Instead, it is a book much like The Great American Tax Dodge, which explained …
National Identity In A Multicultural Nation: The Challenge Of Immigration Law And Immigrants, Kevin R. Johnson, Bill Ong Hing
National Identity In A Multicultural Nation: The Challenge Of Immigration Law And Immigrants, Kevin R. Johnson, Bill Ong Hing
Michigan Law Review
Samuel Huntington's provocative new book Who Are We?: The Challenges to National Identity is rich with insights about the negative impacts of globalization and the burgeoning estrangement of people and businesses in the United States from a truly American identity. The daunting question posed by the title of the book is well worth asking. After commencing the new millennium with wars in Afghanistan and Iraq, U.S. military torture of Iraqi prisoners, indefinite detentions of U.S. citizens declared by the President to be "enemy combatants," and a massive domestic "war on terror" that has punished and frightened Arab, Muslim, and other …
Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.
Race, Trust, Altruism, And Reciprocity, George W. Dent Jr.
University of Richmond Law Review
No abstract provided.