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Articles 1 - 30 of 42
Full-Text Articles in Law
Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder
Representing Nazism: Advocacy And Identity At The Trial Of Klaus Barbie, Guyora Binder
Journal Articles
Noting the enormous media interest in the war crimes trial of Klaus Barbie, and the surprising emphasis of this coverage on its cultural significance, this essay provides a literary reading of the trial as a contest over identity. More specifically, it treats the trial and its coverage as a struggle among competing groups - including the French state, various strands of the French left, the French right, resistance veterans, holocaust survivors, Zionists, Arabs, anti-colonialists - for the power to represent Nazism. All of these groups sought to define Nazism so as to claim a privileged identity as essential victims or …
Mastery, Slavery, And Emancipation, Guyora Binder
Mastery, Slavery, And Emancipation, Guyora Binder
Journal Articles
Hegel's dialectic of master and slave in the Phenomenology of Mind portrays a master unable to win genuine recognition from a slave because unwilling to confer it. The dialectic implies that freedom has to be conceived as association based on mutual respect, rather than independence. This article offers a communitarian interpretation of emancipation inspired by Hegel's dialectic of master and slave. It proceeds from an account of slave society which, like Hegel's dialectic, equates slavery with the denial of social recognition. This account argues that the experience of slave society led both the masters and the slaves to conceive of …
Property And Suffrage In The Early American Republic, Robert J. Steinfeld
Property And Suffrage In The Early American Republic, Robert J. Steinfeld
Journal Articles
No abstract provided.
Confrontation As Rejoinder To Compromise: Reflections On The Little Rock Desegregation Crisis, Raymond T. Diamond
Confrontation As Rejoinder To Compromise: Reflections On The Little Rock Desegregation Crisis, Raymond T. Diamond
Journal Articles
No abstract provided.
No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond
No Call To Glory: Thurgood Marshall's Thesis On The Intent Of A Pro-Slavery Constitution, Raymond T. Diamond
Journal Articles
No abstract provided.
Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade
Looking Toward The Future: Feminism And Reproductive Technologies, Isabel Marcus, Rhonda Copelon, Ruth Hubbard, Barbara Katz Rothman, Barbara Omolade
Journal Articles
No abstract provided.
Womens' Experience In Legal Education: Silencing And Alienation, Lucinda M. Finley
Womens' Experience In Legal Education: Silencing And Alienation, Lucinda M. Finley
Journal Articles
No abstract provided.
Report Of The State Bar Of Arizona Corporate, Banking, And Business Law Section Subcommittee On Rendering Legal Opinions In Business Transactions, February 1, 1989, N. Gregory Smith, Robert T. Bailes, Stephen A. Benson, Marcia J. Busching, Jon Cohen, Douglas R. Chandler, Fred Fathe, Diane K. Geimer, Michael J. Ivens, Richard Lieberman, Michelle M. Matiski, Jared Mchatton, James Mcmahon, John M. Mcvey, Kevin L. Olson, E. Elizabeth Perlman, Robert P. Robinson, Morton Scult, Jeffrey H. Verbin, Matthew J. Yingling
Report Of The State Bar Of Arizona Corporate, Banking, And Business Law Section Subcommittee On Rendering Legal Opinions In Business Transactions, February 1, 1989, N. Gregory Smith, Robert T. Bailes, Stephen A. Benson, Marcia J. Busching, Jon Cohen, Douglas R. Chandler, Fred Fathe, Diane K. Geimer, Michael J. Ivens, Richard Lieberman, Michelle M. Matiski, Jared Mchatton, James Mcmahon, John M. Mcvey, Kevin L. Olson, E. Elizabeth Perlman, Robert P. Robinson, Morton Scult, Jeffrey H. Verbin, Matthew J. Yingling
Journal Articles
No abstract provided.
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards
Journal Articles
No abstract provided.
Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley
Book Review - A Guide To Legal Research In Virginia (Edited By John D. Eure), Steven D. Hinckley
Journal Articles
Review of A Guide to Legal Research in Virginia, edited by John D. Eure. Charlottesville, VA: Committee on Continuing Legal Education, Virginia Law Foundation, 1989.
Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports
Qualified Immunity In Section 1983 Cases: The Unanswered Questions, Kit Kinports
Journal Articles
Part I of this Article describes the general policies underlying qualified immunity and the Court's decisions defining the scope of the defense. Part II then addresses two answered questions concerning Harlow v. Fitzgerald's impact on the substantive content of the qualified immunity defense: Is immunity available to the defendant who actually knows that her conduct is infringing the plaintiff's constitutional rights, even if the law governing those rights is not yet clearly established? And should a court take into account the nature of the defendant's governmental responsibilities and other circumstances surrounding her conduct in determining whether the right she …
Reaganist Realism Comes To Detriot, Stephen F. Ross
Reaganist Realism Comes To Detriot, Stephen F. Ross
Journal Articles
Part I of this article discusses Detroit Newspapers and explains how in deferring to the Attorney General's interpretation of the Newspaper Preservation Act, Judge Silberman disregarded every applicable technique of statutory interpretation typically used to resolve the issue. Indeed, each of these techniques suggests that Attorney General Meese's interpretation of the Act was incorrect. This part of the article also demonstrates why deference to Meese was particularly inappropriate in light of the generally accepted justifications for judicial deference to administrative interpretations of statutes.
Part II explains that Detroit Newspapers is one of several opinions by conservative Reagan judicial appointees that …
Monopoly Sports Leagues, Stephen F. Ross
Monopoly Sports Leagues, Stephen F. Ross
Journal Articles
This Article argues that the government should break up both Major League Baseball and the NFL to provide for competing economic entities in each sport. Part I details the harm monopoly sports leagues cause in several different markets and explains why a competitive league structure can correct such harms. Part II discusses why regulatory solutions are poor substitutes for competition as a means of redressing these harms. Part III explains why neither baseball nor football is a "natural monopoly" and argues that no persuasive evidence suggests that rival leagues cannot exist in those sports. Part IV examines how the antitrust …
Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus
Locked In And Locked Out: Reflections In The History Of Divorce Law Reform In New York State, Isabel Marcus
Journal Articles
No abstract provided.
Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn
Removing Nonconforming Child Support Payments From The Shadow Of The Rule Against Retroactive Modification: A Proposal For Judicial Discretion, John Eric Smithburn
Journal Articles
Whether and under what circumstances a parent who is ordered to pay child support is entitled to credit against a child support arrearage is one of the most vexing problems for the family court. Some courts consistently demand strict adherence to a child support order and do not permit retroactive modification. Other courts have allowed retroactive modification of support decrees when equity dictates. A recent amendment to the Social Security Act, however, prohibits retroactive modification of child support orders, leaving a number of unanswered questions concerning credit requests for nonconforming support payments.
This Article explores the problems created by nonconforming …
"As Best To Subserve Their Own Interests": Lemuel Shaw, Labor Conspiracy, And Fellow Servants, Alfred S. Konefsky
"As Best To Subserve Their Own Interests": Lemuel Shaw, Labor Conspiracy, And Fellow Servants, Alfred S. Konefsky
Journal Articles
No abstract provided.
A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent
A Judge Shapes And Manages Institutional Reform: School Desegregation In Buffalo, Judy Scales-Trent
Journal Articles
No abstract provided.
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Journal Articles
When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Who Pays The Piper If You Cut Into The Dance? An Analysis Of Independent Federation Of Flight Attendants V. Zipes, Barbara J. Fick
Journal Articles
This article previews the Supreme Court case Indpendent Federation of Flight Attendants v. Zipes, 491 U.S. 754 (1989). The author expected the Court to address what standard the courts should apply in deciding whether to assess attorney's fees against an unsuccessful intervenor in federal employment discrimination cases.
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Breaking Women's Silence In Law: The Dilemma Of The Gendered Nature Of Legal Reasoning, Lucinda M. Finley
Journal Articles
No abstract provided.
A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman
A Republican Agenda For Hobbesian America?, Elizabeth B. Mensch, Alan Freeman
Journal Articles
No abstract provided.
The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson
The Legal Community And The Transformation Of Disputes: The Settlement Of Injunction Actions, James B. Atleson
Journal Articles
Lawyers in cases involving injunctions against picketing represent clients in situations of great immediacy. A significant number of injunction actions are settled with reductions in picketing despite a seemingly restrictive statute and a highly organized workforce. This study of legal culture examines the role of lawyers in striving to create predictability, especially in regard to judges and the police, and in transforming conflicts of value into disputes over interests that can be resolved without resort to formal adjudication.
Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent
Black Women And The Constitution: Finding Our Place, Asserting Our Rights, Judy Scales-Trent
Journal Articles
No abstract provided.
Partial Performance Of Employment Contracts, Geoffrey J. Bennett
Partial Performance Of Employment Contracts, Geoffrey J. Bennett
Journal Articles
Commentary on
Wiluszynski v. Tower Hamlets London Borough Council (The Times, 28.4.89)
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Journal Articles
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Cultivating Democracy: Community Organizing In Haiti, Paolo G. Carozza
Journal Articles
Upon reflection, I gained a new realization of the role of human rights activism in Haiti, a more complete understanding of what needs to be done. I came to Haiti thinking that human rights work meant counting violations and reporting them internationally. Monitoring human rights abuses does serve a purpose; it helps bring attention and support to the work of indigenous activists and can help expose the illegitimacy of an abusive regime. But as I realized in the weeks following the rally at St. Jean Bosco, these activities are only instrumental to a larger end, that of remaking political life. …
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
A Break In The Silence: Including Women's Issues In A Torts Course, Lucinda M. Finley
Journal Articles
No abstract provided.
Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery
Federal Labor Rights And Access To Private Property: The Nlrb And The Right To Exclude, Dianne Avery
Journal Articles
No abstract provided.
Aspects Of The English Legal System, Geoffrey J. Bennett
Aspects Of The English Legal System, Geoffrey J. Bennett
Journal Articles
The object of this article is to point out some of the more obvious features of the English legal system for the benefit of people with no legal training. Teachers, school governors, and parents are all increasingly called upon to have some insight into the way the law affects their activities, but the natural tendency is perhaps to concentrate only on those discrete areas that are of immediate concern. Sometimes, however, a broader perspective on how the parts articulate with the whole is essential to understanding what can be done with the system or why a certain result or procedure …