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Full-Text Articles in Law
50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher
50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher
Faculty Scholarship
In this paper I describe my experience as one of the early members of the Haile Selassie I University (H.S.I.U.), Law Faculty, and share my reflections on developments in the ensuing years.
The Freedom Of Health, Abigail Moncrieff
The Freedom Of Health, Abigail Moncrieff
Faculty Scholarship
What would have happened if the Patient Protection and Affordable Care Act (PPACA) really had authorized government “death panels” that would decide whether an elderly patient could get treatment? Leaving aside commerce clause and other constraints particular to Congress, would that kind of direct healthcare rationing be a constitutional exercise of governmental power in the United States? I think not. I argue here that an emergent substantive due process constraint would invalidate such an exercise; direct rationing of that kind would violate a constitutional “freedom of health” that is nascent in Supreme Court jurisprudence. Based on that logic, I argue …
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Publications
Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Chapter 2 - Anticlericalism And Antistatism, Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
Note: This is the first draft of the second chapter of a manuscript which through the lens of abolitionism and women's rights, traces the transformation of the ideology of individual rights over the course of the nineteenth century as it expanded to encompass, not just rights in the civil sphere, but rights of the person in private life. Part I of this paper examines nineteenth-century intellectual movements that located moral authority in the individual; Part II outlines the attack on authority within liberal Protestantism; Part III traces the extension of that critique to the state; and Part IV discusses the …
Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark
Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …
"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark
"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark
Publications
In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …
Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Note On The Four Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Scholarship Chronologically
Any overall theory must first be capable of describing what it seeks to theorize about. This article will now do that. In giving a taxonomy, the article may be making its greatest contribution. Lockean theory will hardly be the last word in i/p unification theory. But I will have at least set the terms for debate so we can finally speak clearly to each other, articulate the issues, see their implications.
Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Note On The Three Faces Of The "Sharing Benefits" Issue - 1985, Wendy J. Gordon
Scholarship Chronologically
The legal treatment of the sharing-benefits issue runs along the following Hohfeldian continuum.
The Case For Medical Licensure, George J. Annas
The Case For Medical Licensure, George J. Annas
Faculty Scholarship
Locke et al. argue elsewhere in this issue that medical licensure should be abolished. Their reasoning is direct and seductive - but their free market cure is worse than the disease they describe. Their major premise, for example, is simply wrong: "Any governmental action that violates individual rights is improper." For this notion they cite the ultraconservative novelist Ayn Rand who talks about things that are "right" for humans to do. But there are two confusions: (I) rights do not exist in a vacuum; in an interdependent society the rights of individuals must sometimes be balanced against the rights of …
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.