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Full-Text Articles in Law

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider Apr 1994

Marriage, Morals, And The Law: No-Fault Divorce And Moral Discourse, Carl E. Schneider

Articles

In this Essay, I want to reflect on no fault-divorce and the social attitudes that underlie it. In particular, I want to consider that reform in light of an article I wrote some years ago entitled Moral Discourse and the Transformation of American Family Law. There I argued that in recent years the language of American family law has changed notably: today family law issues are decreasingly discussed in the language of morality. In other words, legal institutions have decreasingly talked about those issues in moral terms. Rather, they have tended to avoid handling some moral issues altogether-often by …


Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam Apr 1994

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …


Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby Jan 1994

Everyman's Fourth Amendment: Privacy Or Mutual Trust Between Government And Citizen, Scott E. Sundby

Articles

No abstract provided.


Practicing Community (Book Review), Anthony V. Alfieri Jan 1994

Practicing Community (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Gay Men, Aids, And The Code Of The Condom, David L. Chambers Jan 1994

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

Articles

The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.


Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer Jan 1994

Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer

Articles

No abstract provided.


A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave Jan 1994

A Nation At Prayer, A Nation In Hate: Apartheid In South Africa, Tamara Rice Lave

Articles

No abstract provided.


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.