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Articles 1 - 15 of 15
Full-Text Articles in Law
Deterrence's Difficulty, Neal Kumar Katyal
Deterrence's Difficulty, Neal Kumar Katyal
Michigan Law Review
We all crave simple elegance. Physicists since Einstein have been searching for a grand unified theory that will tie everything together in a simple model. Law professors have their own grand theories - law and economics's Coase Theorem and constitutional law's Originalism immediately spring to mind. Criminal law is no different, for the analogue is our faith in deterrence - the belief that increasing the penalty on an activity will mean that fewer people will perform it. This theory has much to commend it. After all, economists and shoppers have known for ages that a price increase in a good …
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Response: Between Economics And Sociology: The New Path Of Deterrence, Dan M. Kahan
Michigan Law Review
The explosive collision of economics and sociology has long illuminated the landscape of deterrence theory. It is a debate as hopeless as it is spectacular. Economics is practical but thin. Starting from the simple premise that individuals rationally maximize their utility, economics generates a robust schedule of prescriptions - from the appropriate size of criminal penalties,1 to the optimal form of criminal punishments, to the most efficient mix of private and public investments in deterrence. Yet it is the very economy of economics that ultimately subverts it: its account of human motivations is too simplistic to be believable, and it …
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
Michigan Law Review
For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Legal Narratives, Theraputic Narratives: The Invisibility And Omnipresence Of Race And Gender, Leslie G. Espinoza
Michigan Law Review
My first introduction to Denise Gray was through a form. The intake sheet was dated October 17, 1994. The legal problem was straightforward. My introduction to Denise Gray would come much later. I am a clinical law professor. The clinic, Boston College Legal Assistance Bureau, is known as "LAB." I teach students law by supervising them as they represent, usually for the first time, a real person with real problems.
Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes
Who Is Black Enough For You? An Analysis Of Northwestern University Law School's Struggle Over Minority Faculty Hiring, Leonard M. Baynes
Michigan Journal of Race and Law
This Article considers the factors that should be used in hiring a person of color to a faculty position and raises the following questions: Apart from potential teaching ability and scholarly productivity, should faculty appointments committees look to other criteria for candidates of color? Provided that we can still consider the race and ethnicity of prospective candidates of color at private institutions, should faculty appointments committees be concerned about how closely identified a candidate is to an essentialized conception, for instance, of Black persons? Should a faculty hiring committee focus its efforts to hire African Americans on a Black person …
Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong
Michigan Journal of International Law
Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this discussion and an overview of the history of both Israel and Iran. It explains why each nation has chosen to structure itself as it has and why the imposition of U.S.-style secularism would be an inappropriate method of dealing with the religio-legal conflict in the two societies. Part II compares the fundamental or constitutional laws of the two nations by analyzing the provisions, policies, and practices most influenced by religion. After identifying and analyzing the laws themselves in Part …
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers
Reviews
Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …
Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow
Naming The Grotesque Body In The "Nascent Jurisprudence Of Transsexualism", Richard F. Storrow
Michigan Journal of Gender & Law
After a description of an analytical framework constructed of theories drawn from the writings of Mikhail Bahktin, Roland Barthes, and Sigmund Freud, this Article discusses the discrepancies in courts' use of medical authority in cases considering the rights of transsexuals and then analyzes courts' ultimate refusal to recognize transsexuals' psychological sex. The thrust of this Article is an examination of the forces compelling such inconsistencies. The result is an analysis which interweaves medical, juridical, psychological and mythic perspectives to disclose the underpinnings of courts' antipathy toward transsexuals.
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Understanding "Rights" In Contemporary American Discourse, David Ray Papke
Understanding "Rights" In Contemporary American Discourse, David Ray Papke
Michigan Journal of Race and Law
A review of Legal Rights: Historical and Philosophical Perspectives edited by Austin Sarat and Thomas R. Kearns
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Michigan Journal of Gender & Law
There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
Does Time Make Ancient Good Uncouth?, John W. Reed
Does Time Make Ancient Good Uncouth?, John W. Reed
Other Publications
The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …