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Full-Text Articles in Law

Racism As Subjectification, David Schraub Aug 2016

Racism As Subjectification, David Schraub

David Schraub

Nobody likes to feel used. But everyone likes to feel useful. This paradox has long been overlooked by people examining the parameters of racism in the United States. The classic model of racism focuses on the manner in which Black Americans have been objectified—and for good reason. From chattel slavery to Jim Crow, African Americans have faced a long and sordid history of being regarded as little more than objects—useful tools for White power-brokers, but not independent subjects with their own desires, perspective, and rights. However, following the Civil Rights revolution, this dynamic has shifted. While racial objectification has by …


Daños Punitivos En Mexico. Renacimiento De La Responsabilidad Civil, Jorge E. De Hoyos Walther Aug 2014

Daños Punitivos En Mexico. Renacimiento De La Responsabilidad Civil, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

La Suprema Corte de Justicia reconoce la existencia de los daños punitivos en México. Esta resolución tendrá un impacto importante en las demandas por responsabilidad civil y en los litigios transfronterizos.


Punitive Damages In Mexico, Jorge E. De Hoyos Walther Dec 2013

Punitive Damages In Mexico, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

In July 2014 several Court precedents were published, through which the existence of “Punitive Damages” in Mexico was recognized. This resolution will change the way in which civil liability is perceived in our country, and will have implications for individuals and companies doing business overseas.


Dean’S Message, Lawrence Raful Jun 2013

Dean’S Message, Lawrence Raful

Lawrence Raful

No abstract provided.


Civil And Criminal Contempt In Indiana, Robert Brown Dec 2012

Civil And Criminal Contempt In Indiana, Robert Brown

Dr Robert Brown

No abstract provided.


Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert Dec 2012

Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert

Professor Nan Seuffert

This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-term, committed relationships, warm loving communities for children, and strong …


Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen Subrin, Stephen B. Burbank Feb 2012

Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen Subrin, Stephen B. Burbank

Stephen N. Subrin

In this essay we review some of the evidence confirming, and some of the reasons underlying, the phenomenon of the vanishing trial in federal civil cases and examine some of the costs of that phenomenon for democratic values, including in particular democratic values represented by the right to a jury trial under the Seventh Amendment. We discuss the Supreme Court’s recent pleading decisions in Twombly and Iqbal as examples of procedural attacks on democracy in four dimensions: (1) they put the right to jury trial in jeopardy; (2) they undercut the effectiveness of congressional statutes designed to compensate citizens for …


Event-Triggered Financing Of Civil Claims: Lawyers, Insurers And The Common Law, Adrian Walters, J. Peysner Dec 1998

Event-Triggered Financing Of Civil Claims: Lawyers, Insurers And The Common Law, Adrian Walters, J. Peysner

Adrian J Walters

No abstract provided.