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Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
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This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
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U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …
Immigration, Association, And The Family, Matthew J. Lister
Immigration, Association, And The Family, Matthew J. Lister
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In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.
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No abstract provided.
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
A Contractarian Argument Against The Death Penalty, Claire Oakes Finkelstein
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Opponents of the death penalty typically base their opposition on contingent features of its administration, arguing that the death penalty is applied discriminatory, that the innocent are sometimes executed, or that there is insufficient evidence of the death penalty’s deterrent efficacy. Implicit in these arguments is the suggestion that if these contingencies did not obtain, serious moral objections to the death penalty would be misplaced. In this Article, Professor Finkelstein argues that there are grounds for opposing the death penalty even in the absence of such contingent factors. She proceeds by arguing that neither of the two prevailing theories of …
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry
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No abstract provided.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
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The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer
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No abstract provided.
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical Review, Jonathan Klick
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No abstract provided.
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
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No abstract provided.
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang
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No abstract provided.
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin
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No abstract provided.
The Possibility Of A Fair Paretian, Howard F. Chang
The Possibility Of A Fair Paretian, Howard F. Chang
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No abstract provided.
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts
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No abstract provided.
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
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No abstract provided.
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer
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No abstract provided.
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
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No abstract provided.
Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer
Does Pro-Choice Mean Pro-Kevorkian? An Essay On Roe, Casey, And The Right To Die, Seth F. Kreimer
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No abstract provided.
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin
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No abstract provided.
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin
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No abstract provided.
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer
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No abstract provided.
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
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No abstract provided.
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick
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No abstract provided.
Reply To Cornel West, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
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Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George
Gerontology And The Law: A Selected Bibliography, 1948-85 Update, Pauline M. Aranas, Mary Jo Brazil, Paul M. George
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No abstract provided.
Structure Of Labor Relations, Howard Lesnick
Structure Of Labor Relations, Howard Lesnick
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No abstract provided.
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman
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No abstract provided.