Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (7)
- University of Miami Law School (5)
- Cornell University Law School (3)
- New York Law School (3)
- University at Buffalo School of Law (3)
-
- Boston University School of Law (2)
- Georgetown University Law Center (2)
- Maurer School of Law: Indiana University (2)
- Notre Dame Law School (2)
- Seattle University School of Law (2)
- Singapore Management University (2)
- University of Colorado Law School (2)
- University of Georgia School of Law (2)
- University of Michigan Law School (2)
- University of Pittsburgh School of Law (2)
- Brigham Young University Law School (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Fordham Law School (1)
- Pace University (1)
- St. Thomas University College of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Maine School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- West Virginia University (1)
- Keyword
-
- Litigation (3)
- Canada (2)
- Capital punishment (2)
- Civil Procedure (2)
- Community (2)
-
- Constitutional law (2)
- Critical race theory (2)
- Environmental Law (2)
- Federal Courts (2)
- Homosexuality (2)
- Public opinion (2)
- Rape (2)
- Sexual harassment (2)
- "Round Table talks (1)
- ADA (1)
- Academy of Law Alumni Fellows (1)
- Access to the courts (1)
- Accountability (1)
- Administrative Law (1)
- Administrative law (1)
- Alliance 90 (1)
- Alumni (1)
- Ambiguity (1)
- American culture (1)
- American society (1)
- Americans with Disabilities Act (1)
- Antidiscrimination statutes (1)
- Arbitration (1)
- Article V (1)
- Assaultive penetration (1)
- Publication
-
- Articles (9)
- All Faculty Scholarship (7)
- Faculty Scholarship (5)
- Articles & Chapters (3)
- Cornell Law Faculty Publications (3)
-
- Faculty Articles (3)
- Journal Articles (3)
- Scholarly Works (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Publications (2)
- Research Collection Yong Pung How School Of Law (2)
- Academy of Law Alumni Fellows (1)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- Book Reviews (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty & Staff Scholarship (1)
- Faculty Publications (1)
- Faculty Works (1)
- Law Faculty Articles and Essays (1)
Articles 1 - 30 of 51
Full-Text Articles in Law
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation
1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation
Academy of Law Alumni Fellows
No abstract provided.
Police Authority, Respect And Shaming, Mark Findlay
Police Authority, Respect And Shaming, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout
Cornell Law Faculty Publications
No abstract provided.
Post-Totalitarian Politics, Guyora Binder
Post-Totalitarian Politics, Guyora Binder
Journal Articles
This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …
Mindlessness And Nondurable Precautions, Paul J. Heald
Mindlessness And Nondurable Precautions, Paul J. Heald
Scholarly Works
Assuming initially that negligence law does not make the distinction between durable and nondurable precautions, this Article will first explain in economic terms why the failure of courts to take into account the cost of remembering may nonetheless be efficient. A substantial body of research on the phenomenon of mindless decisionmaking ("scripting") suggests that most remembering is automatic--a nonconscious response to frequently encountered patterns of stimuli. Script theory suggests that once the behavioral script is in place, an automatic response operates at a very low cost. If so, the failure of courts to account for the cost of remembering would …
Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez
Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez
Faculty Articles
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
All Faculty Scholarship
No abstract provided.
Farmers And Ranchers, Roger A. Lohmann
Farmers And Ranchers, Roger A. Lohmann
Faculty & Staff Scholarship
This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.
A Tasty Tidbit (Review Essay), John Henry Schlegel
A Tasty Tidbit (Review Essay), John Henry Schlegel
Book Reviews
Reviewing Martin J. Horwitz, The Transformation of American Law 1870-1960: The Crisis of Legal Orthodoxy (1992).
A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico
A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico
Articles & Chapters
No abstract provided.
European Integration: Beyond 1992, Lloyd Bonfield
European Integration: Beyond 1992, Lloyd Bonfield
Articles & Chapters
No abstract provided.
Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman
Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
Artifactions: The Battle Over The National Endowment For The Arts, Michael C. Dorf
Artifactions: The Battle Over The National Endowment For The Arts, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
Race, Riots And The Rule Of Law, Deborah Waire Post
Race, Riots And The Rule Of Law, Deborah Waire Post
Scholarly Works
No abstract provided.
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser
Publications
No abstract provided.
The Government Of Germany, Donald P. Kommers
The Government Of Germany, Donald P. Kommers
Book Chapters
Chapter Outline: A. Political Development B. Political Processes and Institutions C. Public Policy 3rd ed. HarperCollins College Publishers c1993
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham
Articles
No abstract provided.
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Articles
No abstract provided.
Sex Stories: A Review Of Sex And Reason, Margaret Chon
Sex Stories: A Review Of Sex And Reason, Margaret Chon
Faculty Articles
In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories that …
Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang
Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang
Faculty Articles
As Asian Americans join the legal academy in growing numbers, they change the face of the academy and challenge its traditional legal doctrines. The author announces an "'Asian American Moment" in the legal academy and an opportunity to reverse the pattern of discrimination against Asian Americans. Traditional civil rights work and current critical race scholarship fail to address the unique issues for Asian Americans, including nativistic racism and the model minority myth. Space must be made in the legal academy for an Asian American Legal Scholarship and the narratives of Asian Americans. The author asserts that the rational-empirical mode is …
Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel
Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel
Journal Articles
Origin stories are a distinctive form of narrative. In their account of how something "began to be," such stories connect past and present, clarify the meanings of important events, reaffirm core norms and values, and assert particular understandings of social order and individual identity. The parents of children with disabilities tell strikingly similar origin stories about the day their child was first diagnosed. Such stories not only explore the meanings of a transformative event but also draw implicit connections between past encounters with medical specialists and present encounters with educational specialists as mandated by an important federal statute. This article, …
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley
Articles
Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …
Making America Competitive, Mark J. Loewenstein
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson
Scholarly Works
This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff
Faculty Publications
Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …
Impoverished Practices, Anthony V. Alfieri
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
Articles
No abstract provided.