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Articles 1 - 13 of 13
Full-Text Articles in Law
The Opinion Volume 47 Issue 2 – November 1, 2009, The Opinion
The Opinion Volume 47 Issue 2 – November 1, 2009, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 01, 2009
The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion
The Opinion Volume 47 Issue 1 – October 1, 2009, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October, 1, 2009
From Paradox To Subsidiarity: The United States And Human Rights Treaty Bodies, Tara J. Melish
From Paradox To Subsidiarity: The United States And Human Rights Treaty Bodies, Tara J. Melish
Contributions to Books
Published as Chapter 8 in The Sword and the Scales: The United States and International Courts and Tribunals, Cesare P.R. Romano, ed.
It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise supervisory jurisdiction over the U.S. human rights record. Contrary to popular perception that the U.S. thumbs its nose at these bodies, the U.S. in fact engages quite actively with their human rights procedures.
To untangle …
Suffrage And The Terms Of Labor, Robert J. Steinfeld
Suffrage And The Terms Of Labor, Robert J. Steinfeld
Contributions to Books
Published as Chapter 9 in Human Capital and Institutions: A Long Run View, David Eltis, Frank D. Lewis & Kenneth L. Sokoloff, eds.
Great books often harbor deep tensions, which are one source of their enduring power. Time on the Cross by Robert Fogel and Stanley Engerman is a good example (Fogel and Engerman 1974). On the one hand, Time on the Cross argued that the economic science of Cliometrics was indispensable for a proper understanding of the past. Human beings have always been primarily motivated by the desire for gain, and to understand their behavior it is essential to …
Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey
Razing The Citizen: Economic Inequality, Gender, And Marriage Tax Reform, Martha T. Mccluskey
Contributions to Books
Published as Chapter 12 in Gender Equality: Dimensions of Women's Equal Citizenship, Linda C. McClain & Joanna L. Grossman, eds.
This chapter links the failure of U.S. social citizenship ideals to a broader weakness in U.S. ideas citizenship. To better advance policies of economic equality, U.S. law and politics needs a stronger vision not just of economic equality, but of gender equality and of democracy in general. Feminist scholars have analyzed how ideas about gender help shape the common assumption that the costs of raising and sustaining capable, productive citizens are largely private family responsibilities. But ideas about gender also …
David Engel And "The Oven Bird's Song" (Edited Interview), David M. Engel
David Engel And "The Oven Bird's Song" (Edited Interview), David M. Engel
Contributions to Books
Published as Chapter 8 in Conducting Law and Society Research: Reflections on Methods and Practice, Simon Halliday & Patrick Schmidt, eds.
Understanding litigiousness involves many perspectives on how societies generate, shape, and process disputes. Whereas some may begin the study of disputing with the law and the formal institutions charged with implementing it, or what happens “in court,” a long tradition of Law and Society scholarship has emphasized the importance of seeing how cultural practices give life and meaning to the law. Though some of this scholarship has come from anthropology, much of it has been produced by scholars from …
Sacrifice And Sovereignty, Mateo Taussig-Rubbo
Sacrifice And Sovereignty, Mateo Taussig-Rubbo
Contributions to Books
Published as Chapter 4 in States of Violence: War, Capital Punishment, and Letting Die, Austin Sarat & Jennifer L. Cuthbert, eds.
This Chapter examines a complement to the concept of the state’s monopoly of legitimate violence, what I call a ‘monopoly of sacrifice.’ It describes some of the difficulties the United States government has confronted in authoritatively designating which and whose losses and deaths in the name of the nation are considered transcendent or sacred. Through detailed case studies, it describes a state that uses legal form and policy to construe certain deaths as sacrificial, and others as banal, and …
The Opinion Volume 46 Issue 6 – April 1, 2009, The Opinion
The Opinion Volume 46 Issue 6 – April 1, 2009, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 01, 2009. Missing Page 5.
The Opinion Volume 46 Issue 5 – March 1, 2009, The Opinion
The Opinion Volume 46 Issue 5 – March 1, 2009, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 01, 2009
The Opinion Volume 46 Issue 4 – February 1, 2009, The Opinion
The Opinion Volume 46 Issue 4 – February 1, 2009, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 01, 2009
Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey
Changing, Not Balancing, The Market: Economic Politics And "Social" Programs, Martha T. Mccluskey
Contributions to Books
Published in Progressive Lawyering, Globalization, and Markets: Rethinking Ideology and Strategy, Claire Dalton, ed.
How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey
How Queer Theory Makes Neoliberalism Sexy, Martha T. Mccluskey
Contributions to Books
Published in Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations, Martha Albertson Fineman, Jack E. Jackson & Adam P. Romero, eds.
Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on and reinforces the identity conventions and regulatory constraints it claims to unsettle. The meaningful question for queer theory, for feminism, and for legal economics, is what kind of state and morality to pursue, not whether individual choice and private …
Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger
Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger
Contributions to Books
Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.
This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …