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Law and Society

Series

1994

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Articles 31 - 46 of 46

Full-Text Articles in Law

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin Jan 1994

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

All Faculty Scholarship

No abstract provided.


"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin Jan 1994

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

All Faculty Scholarship

No abstract provided.


Deviance, Resistance, And Love, Dorothy E. Roberts Jan 1994

Deviance, Resistance, And Love, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


On A New Theory Of Justice, William Ewald Jan 1994

On A New Theory Of Justice, William Ewald

All Faculty Scholarship

No abstract provided.


Building Bridges - Latinas And Latinos At The Crossroads: Realities, Rhetoric And Replacement, Berta E. Hernández-Truyol Jan 1994

Building Bridges - Latinas And Latinos At The Crossroads: Realities, Rhetoric And Replacement, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay uses the narrative form to share experiences from one latina's perspective. The author aspires to show how latinas/os, a magnificently diverse group, can be a critical factor in building the bridges that can move the stubborn, static oppositionality (normative) perspective towards a "true universalist" approach. I suggest latinas/os can do this because our diverse backgrounds have equipped us with a multiple perspective viewpoint.


Secular Fundamentalism, Paul F. Campos Jan 1994

Secular Fundamentalism, Paul F. Campos

Publications

No abstract provided.


The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown Jan 1994

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Human Organ Transplantation: The Role Of Law, Fred H. Cate Jan 1994

Human Organ Transplantation: The Role Of Law, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Abortion Rights In America, Joan R. Bullock Jan 1994

Abortion Rights In America, Joan R. Bullock

Journal Publications

The purpose of this Article is to raise the question of whether abortion is an answer to the numerous inequalities that confront many women when there is an unwanted pregnancy, or whether abortion exacerbates the inequalities by encouraging the subordination of women to men. There is the additional question of whether the judicial system is the appropriate forum for deciding the abortion issue-an issue that invokes high emotions and one that is fraught with deeply held and divergent moral convictions. It is my opinion that abortion has provided women with only an illusion of choice rather than meaningful choice because …


The Word On Trial, Robin West Jan 1994

The Word On Trial, Robin West

Georgetown Law Faculty Publications and Other Works

Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …


The Constitution Of Reasons, Robin West Jan 1994

The Constitution Of Reasons, Robin West

Georgetown Law Faculty Publications and Other Works

Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …


On Public Reason, Kent Greenawalt Jan 1994

On Public Reason, Kent Greenawalt

Faculty Scholarship

Since the publication of A Theory of Justice in 1971, John Rawls has refined, qualified, and enriched his political philosophy, responding generously and with patient analytical care to difficulties posed by critics. Political Liberalism embodies the major developments in Rawls's thought during those two decades. Rawls continues to be a strong defender of political liberalism, but in various respects his philosophical claims are more modest than those he offered in 1971, and the political life he recommends involves more accommodation to the diverse perspectives and ways of life one expects to find in liberal democracies. In most of the chapters …


The Church And The Law, Thomas L. Shaffer Jan 1994

The Church And The Law, Thomas L. Shaffer

Journal Articles

The image I want to use to talk about the church in the state, from a Christian lawyer's point of view, is in two of the novels of the late theological storyteller Walker Percy. We Percy readers first saw the image in Love in the Ruins. Percy's sub-title for that novel was "The Adventures of a Bad Catholic at a Time Near the End of the World." His setting is the not-too-distant future in North America. Social climate and civil discourse are even worse than they are now. Percy's central figure, Dr. Thomas More, the bad Catholic, and a few …


Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth Jan 1994

Deciding To Kill: Revealing The Gender In The Task Handed To Capital Jurors, Joan W. Howarth

Scholarly Works

Day after day, across this country, ordinary people are summoned to court for a selection process that ultimately leaves them in a room deciding, with other jurors, whether a criminal defendant should be killed. The task handed to these jurors is an awesome, personal, moral decision, encased within the complex legal standards and procedures that constitute modern capital jurisprudence. The doctrine that created and sustains this moment of conscience reflects an ongoing struggle of rule against uncertainty, reason against emotion, justice against mercy, and thus, at one level, male against female. Capital jurisprudence -- the law for deciding whether to …


Asking The Right Question: A Comment On Constable, Frank W. Munger Jan 1994

Asking The Right Question: A Comment On Constable, Frank W. Munger

Articles & Chapters

No abstract provided.


Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin Jan 1994

Therapeutic Jurisprudence: Understanding The Sanist And Pretextual Bases Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

Symposium: Therapeutic Jurisprudence: From Idea to Application