Law Commons^™

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Kenneth Anderson

Access To Justice In India: Exploring Grassroots Perspectives, Maurya Vijay Chandra

Maurya Vijay Chandra

Measurement of access to justice has acquired increased significance in South Asia, especially as many national initiatives on access to justice are being funded by international agencies. However, the perspectives of the people at the grassroots nave not sufficiently been explored in either conceptualising access to justice or developing indicators for measuring it. It was with the hope that discussion of these issues mignt provide a fresh insight into measuring access to justice that I conducted 18 focus-group discussions in six towns and cities in India.

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron

Charles H. Baron

Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.

La Transición A La Economía Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En el curso de una investigación, tropezamos con un reciente estudio de Nueva Zelanda denominado La economía del conocimiento , con un capítulo inicial cuyo título, por razones obvias, nos llamó la atención: "Venciendo la enfermedad argentina".

Article Reviewed: "Kündigungsschutz In Deutschland Und Den Usa", Thomas Kohler

Thomas C. Kohler

No abstract provided.

Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner

Thomas C. Kohler

No abstract provided.

Hacia Una Argentina Digital, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

"... En opinión de muchos especialistas respetados en el mundo, la Argentina no tiene futuro si no exporta. Pero exportar en este nuevo siglo no es lo mismo que hacerlo hacia el 1900: los precios de los productos primarios argentinos cayeron ocho veces en el siglo, lo que nos bajó del quinto puesto en el ránking de países al lugar número 50...".

Biology For Feminists, Katharine K. Baker

Katharine K. Baker

No abstract provided.

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest …

A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Principles In Gay Legal Theory And Constitutional Doctrine, Nancy Levit

Nancy Levit

Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as …

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the …

Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson

Trisha Olson

No abstract provided.

Conditioning Expectations: The Protection Of The Employment Bond In German And American Law, Thomas Kohler, Michael Kittner

Thomas C. Kohler

According to many observers, one of the critical factors accounting for the unprecedented economic growth that the United States enjoyed during the past decade is a regulatory regime that places few restrictions on an employer's ability to shed unwanted employees. Similarly, the slower economic growth that Germany and Europe experienced during this period often is attributed to elaborate employment protection schemes that restrict the ability of employers to discharge undesired workers. These protections are blamed for making countries like Germany less attractive places for foreign investment. This piece examines in comparative perspective the restrictions the American and German regulatory schemes …

The Integrity Of Unrestricted Desire: Community, Values, And The Problem Of Personhood, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Globalization And The U.S. Market In Legal Services – Shifting Identities, Carole Silver

Carole Silver

No abstract provided.

The Reform Of Ethics Rules In Arkansas Government, Robert B. Leflar

Robert B Leflar

This essay outlines existing conflict-of-interest rules in Arkansas government, particularly for state agencies, boards and commissions. The essay identifies weaknesses in the rules, and suggests disclosure requirements and certain restrictions on voting by board members with conflicts.

[The Accidental Crit I:] Literature And Arts As Antisubordination Praxis Latcrit Theory And Cultural Production: The Confessions Of An Accidental Crit, Pedro A. Malavet

Pedro A. Malavet

This short article: (1) explains the development the Arts Panel at the LatCrit IV Conference and provides an account of its substantive content; (2) it gives the author's reactions to the presentations, while placing them within the planned description and written questions, locating them within the contemporary debate over the use of narrative in legal scholarship and in postmodern philosophical discourse more generally; and (3) the author gives a narrative about his own reluctant, difficult, and ultimately accidental gravitation towards LatCrit theory.

Malexandertalet: Ett Tal - Två Situationer, Matilda Arvidsson

Dr Matilda Arvidsson

In this article the court speech delivered by the "Malexander widow", Anneli Ljungberg, is analysed in terms of Lloyd Bitzers "rhetorical situation" and found to work within two different and simultaneous rhetorical situations. Thus, the article shows how a court speech might break with rhetorical conventions of one rhetorical situation because of the conventions governing the other and simultaneously ongoing rhetorical situation.

Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet

Pedro A. Malavet

A study of Puerto Rico's century-old legal relationship with the United States, and how it constructs Puerto Ricans as legal and social second-class citizens because of their cultural nationhood. The discriminatory treatment conflicts with contemporary notions of justice and morality in postmodern political and legal philosophy. The article articulates a framework for legal reform that is consistent with a new progressive theoretical construct of a pluralistic and communitarian form of liberalism. I further developed the material that I discuss in this article in my book: America's Colony: The Political and Cultural Conflict Between the United States and Puerto Rico (NYU …

Revisiting Gay Rights Coalition Of Georgetown Law Center V. Georgetown University A Decade Later: Free Exercise Challenges And The Nondiscrimination Laws Protecting Homosexuals, Matthew J. Parlow

Matthew Parlow

[The Accidental Crit I:] Literature And Arts As Antisubordination Praxis Latcrit Theory And Cultural Production: The Confessions Of An Accidental Crit, Pedro A. Malavet

Pedro A. Malavet

This short article: (1) explains the development the Arts Panel at the LatCrit IV Conference and provides an account of its substantive content; (2) it gives the author's reactions to the presentations, while placing them within the planned description and written questions, locating them within the contemporary debate over the use of narrative in legal scholarship and in postmodern philosophical discourse more generally; and (3) the author gives a narrative about his own reluctant, difficult, and ultimately accidental gravitation towards LatCrit theory.