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Articles 1 - 5 of 5

Full-Text Articles in Law

The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod Jan 1997

The Restructuring Of Narrative And Empathy In Section 1983 Cases (Symposium), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod Jan 1997

Introduction, Symposium On Section 1983 (Symposium Editor), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Relativism, Reflective Equilibrium, And Justice, Justin Schwartz Jan 1997

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …


Democracy And The Intersection Of Prisons, Racism, And Capital, David S. Cohen Jan 1997

Democracy And The Intersection Of Prisons, Racism, And Capital, David S. Cohen

David S Cohen

No abstract provided.


Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds Jan 1997

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …