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Articles 1 - 13 of 13
Full-Text Articles in Law
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Law, Culture, And Family: The Transformative Power Of Culture And The Limits Of Law, Nancy E. Dowd
Nancy Dowd
Law inevitably is involved in the resolution of cultural conflicts. Nonintervention acts as powerfully as intervention; in either case, law is a powerful actor in its role as a part of cultural dialogue, as well as in its role as a coercive force. Law is never neutral in my view. If it “stays out” of a situation, then it is complicit in the status quo or in permitting the conflict to be resolved without legal intervention, which may weight the outcome in a particular direction. If law “comes in,” it similarly “sides” with a particular position because, in part, our …
Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman
Part Of The Solution Rather Than Part Of The Problem: A Role For American Private Elementary And Secondary Schools In The 1990s, Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Daniel A Farber
No abstract provided.
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Foreword To The Conference: The Law: Business Or Profession? The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine
Samuel J. Levine
No abstract provided.
Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver
Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver
Marjorie A. Silver
By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
The Coming Constitutional Yo-Yo? Elite Opinion, Polarization, And The Direction Of Judicial Decision Making, Mark A. Graber
Mark Graber
This Article offers a more sophisticated account of elite theory that incorporates the crucial insights underlying claims that Justices with life tenure will protect minority rights and claims that the Supreme Court follows the election returns. Put simply, the direction of judicial decision making at a given time reflects the views of the most affluent and highly educated members of the dominant national coalition. The values that animate the elite members of the dominant national coalition help explain the direction of judicial decision making for the last eighty years. During the mid-twentieth century, most Republican and Democratic elites held more …
Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr
Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr
Stephen A Gerst
No abstract provided.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Samuel J. Levine
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
East Asia’S Engagement With Cosmopolitan Ideals Under Its Trade Treaty Dispute Provisions, Chin Leng Lim
Chin Leng Lim
An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. This paper argues that democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. This article traces the practices of the Association of Southeast Asian Nations (ASEAN), together with that of China, Korea, Japan, Australia, and New Zealand. We find two …
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
Mary Alice Haddad
How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …
Evangelizing Climate Change, Albert Lin
Evangelizing Climate Change, Albert Lin
Albert C Lin
Any effective response to climate change must address greenhouse gas (GHG) emissions from individuals, who are responsible for nearly one-third of total annual emissions. A leading proposal for doing so, developed by Michael Vandenbergh and Anne Steinemann, advocates the disclosure of information about an individual’s emissions, resulting harms, and steps that can be taken to reduce emissions. Providing information on individuals’ contribution to climate change will be important in countering common misconceptions that individual activities do not matter to the environment. Such proposals, however, give insufficient attention to the role of personal values. Values matter to efforts to change individual …
Values And Lawyering Skills, John J. Capowski
Building A Professional Community, Nancy Schultz
Building A Professional Community, Nancy Schultz
Nancy Schultz
We hear much talk about the lack of professionalism among lawyers and law students, and what should be done about it. This paper posits the idea that a truly professional community needs to be built from the ground up, out of a shared sense of community values.