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Series

Arts and Humanities

2007

Institution
Keyword
Publication

Articles 91 - 99 of 99

Full-Text Articles in Law

Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman Jan 2007

Originalism And Its Discontents (Plus A Thought Or Two About Abortion), Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat Jan 2007

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …


Traditionalism, Pluralism, And Same-Sex Marriage, Amy L. Wax Jan 2007

Traditionalism, Pluralism, And Same-Sex Marriage, Amy L. Wax

All Faculty Scholarship

No abstract provided.


Authority And Reality, Joseph Vining Jan 2007

Authority And Reality, Joseph Vining

Book Chapters

Imagination has been introduced as a term of art in discussion of the social and political world. Some years ago James Boyd White turned to it in The Legal Imagination, his monumental work on the foundations of secular law and legal practice. A prominent example of its use today is Charles Taylor's Modern Social Imaginaries, tracing changes in the common mind leading to what we now call modernity. The term can have a large scope and at the same time a rather definite meaning. "Imagination" is at the center of Mark Massa's comments on the contrarian position of the Catholic …


The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman Jan 2007

The Uneasy Entente Between Legal Insanity And Mens Rea: Beyond Clark V. Arizona, Stephen J. Morse, Morris B. Hoffman

All Faculty Scholarship

There is uneasy tension in the criminal law between the doctrines of mens rea and the defense of legal insanity. Last term, the Supreme Court addressed both these issues, but failed to clarify the relation between them. Using a wide range of interdisciplinary materials, this article discusses the broad doctrinal, theoretical, and normative issues concerning responsibility that arise in this context. We clarify the meaning of mental disorder, mens rea and legal insanity, the justification for and the relation between the latter two, and the relation among all three. Next we consider the reasoning in Clark, and for the most …


The Paradoxes Of Cultural Property, Naomi Mezey Jan 2007

The Paradoxes Of Cultural Property, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Many current cultural disputes sound in the legal language and logic of discrimination or hate speech. The focus of this essay is on the claims made explicitly or implicitly on the basis of cultural property. The problem with using ideas of cultural property to resolve cultural disputes is that cultural property encourages an anemic theory of culture so that it can make sense as a form of property. Cultural property is a paradox because it places special value and legal protection on cultural products and artifacts but does so based on a sanitized and domesticated view of cultural production and …


There Is A Land In The Far Off West, Michael Maben Jan 2007

There Is A Land In The Far Off West, Michael Maben

Articles by Maurer Faculty

No abstract provided.


Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo Jan 2007

Same-Sex Marriage And Public School Curricula: Preserving Parental Rights To Direct The Education Of Their Children, Charles J. Russo

Educational Leadership Faculty Publications

No abstract provided.


Ennobling Direct Democracy, Sherman J. Clark Jan 2007

Ennobling Direct Democracy, Sherman J. Clark

Articles

In this essay, Professor Clark argues that we should be attentive to the effect that direct democracy might have on our public character. Building upon earlier work, Clark suggests that the initiative in particular threatens to debase us by undercutting a crucial character trait which might best be called "responsibility-taking." The bulk of this essay is devoted to explaining what this means, and why it matters. Why should we care about the effect of political processes on public character? Why is this particular trait important and worth preserving? How is it threatened by direct democracy? In conclusion, and by way …