Law Commons^™

Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira

Articles by Maurer Faculty

In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …

Book Review. Governing Through Crime: How The War On Crime Transformed American Democracy And Created A Culture Of Fear By Jonathan Simon, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Scholarly Discourse, Public Perceptions, And The Cementing Of Norms: The Case Of The Indian Supreme Court And A Plea For Research, Jayanth K. Krishnan

Articles by Maurer Faculty

For economic and nuclear reasons, India has received considerable attention over the last decade from observers in the United States. But attuned Americans are well-aware of India's rich culture and status as a shining constitutional democracy for most of its post-1947 independent history. For all that India has accomplished, however, its public has long viewed its government officials with great disdain. At the same time, a fascinating norm exists in this society which holds one institution in exceedingly high regard - the Indian Supreme Court.

In this article, I seek to examine what accounts for this counter-intuitive norm. As opposed …

Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan

Articles by Maurer Faculty

For more than a decade, there has been a steady growth in what is now commonly referred to as the 'cause lawyering' literature. Partly as a response to those who were critical of the legal profession during the 1970s and 1980s, cause lawyering scholars have sought to rebut these critics' charges, as well as more comprehensively illustrate what, why, and how cause lawyers do what they do. While the critics of cause lawyers on the one hand, and cause lawyering scholars on the other, have made enormous contributions to the debate, only recently has the discourse shifted to examining an …

Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole

Articles by Maurer Faculty

When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo (fueled substantially by Justice O'Connor's hyperbolic dissent), as property-rights advocates, legislators (at all levels of government), and media pundits assailed the ruling as a death knell for private property rights in America.

Kelo's combination of relative legal insignificance and high political salience makes it an interesting case study in cross-institutional dynamics, …

Book Review. Affirmative Action And Racial Preference By Carl Cohen And James P. Sterba, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira

Articles by Maurer Faculty

In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …

Book Review. Taking Coase Seriously: Neil Komesar On Law's Limits, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

A Constructed Peace: Narratives Of Suture In The News Media, Jody L. Madeira

Articles by Maurer Faculty

In the aftermath of violent crime, survivors are confronted by questions of comprehension, healing, normalcy, accountability, and restoration. These same issues are communicated to audiences via mass media coverage of the crime and ensuing legal proceedings that focuses upon survivors while they are in the public eye - and while those suspected of the crime are in the defendant's chair. Such stories bring a human face to the innocents most affected by the outcome of the proceedings, relaying their involvement in and response to legal developments from arrest to execution. This paper examines these chronicles through the lens of narrative …

Federalism And The Idea Of Law Practice, Patrick Baude

Articles by Maurer Faculty

No abstract provided.

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Articles by Maurer Faculty

No abstract provided.

"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole

Articles by Maurer Faculty

The late EP Thompson described himself as "a historian in the Marxist tradition." But when he embraced the Rule of Law (in Whigs and Hunters), many of his colleagues on the left ostracized him as an apostate. This essay argues that Thompson's critics have largely misunderstood what he meant by the Rule of Law. His was a minimal and historical conception, which merely sought to distinguish states whose rulers had unfettered discretion from states whose rulers were constrained by legal rules, whatever their source and contents. Also, in contrast to other radical theorists, Thompson recognized that law would be a …

The Return Of The Standard Of Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Book Review. Hate Crimes: Criminal Law And Identity Politics By James Jacobs And Kimberly Potter, Jeannine Bell

Articles by Maurer Faculty

No abstract provided.

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.

Principles Of Internet Privacy, Fred H. Cate

Articles by Maurer Faculty

The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.

But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve …

How To Tell Law Stories, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle

Articles by Maurer Faculty

In this article, I suggest that America's ongoing culture war is a product, in part, of an epistemic crisis that confounds our collective search for truth. In a previous article addressing aspects of this topic, I expressed concerns about religious fundamentalism. Here, I explore the ways in which secular thinking might likewise be described as "fundamentalist." In particular, I discuss secular fundamentalism in textual interpretation, secular fundamentalism in the form of political liberalism, and comprehensive secular fundamentalism, which extends to private questions of truth. I then discuss the various problems - not only political, but also theological - that are …

Book Review. Normative And Going Nowhere, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Dilemma Of Legal Discourse For Public Educational Responses To The "Crisis" Facing African-American Males, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Human Organ Transplantation: The Role Of Law, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Nurturing The Impulse For Justice, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Book Review. Belonging To America, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Book Review. Law's Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

Strategic Research In Law And Society, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Place Of Law And Social Science In The Structure Of Legal Education, Sheldon Jay Plager, David M. Trubek

Articles by Maurer Faculty

No abstract provided.

Access To Justice: Variations And Continuity Of A World-Wide Movement, Bryant Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Science, Society, And The Expert Town Meeting: Some Comments On Asilomar, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.