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Articles 1 - 18 of 18
Full-Text Articles in Law
The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips
The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips
Journal Articles
No abstract provided.
Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua
Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua
Journal Articles
This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms, and models.
Specifically, it asks: What group should be at the center of a given study or enterprise? Whose faces are at the bottom of the well and What model shall we use to analyze a given situation? The questions are complex, but LatCrit is attempting to address these complexities, not only in theory but in practice. Institutionally, …
Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner
Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner
Journal Articles
No abstract provided.
The African Human Rights Court: A Two-Legged Stool?, Makau Mutua
The African Human Rights Court: A Two-Legged Stool?, Makau Mutua
Journal Articles
This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.
Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook
Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook
Journal Articles
No abstract provided.
Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent
Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent
Journal Articles
No abstract provided.
The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright
The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright
Journal Articles
No abstract provided.
Langdell's Auto-Da-Fé, John Henry Schlegel
Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold
Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold
Journal Articles
No abstract provided.
African Women In France: Immigration, Family And Work, Judy Scales-Trent
African Women In France: Immigration, Family And Work, Judy Scales-Trent
Journal Articles
No abstract provided.
Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley
Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley
Journal Articles
The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.
Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner
Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner
Journal Articles
No abstract provided.
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French
Journal Articles
No abstract provided.
"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger
"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger
Journal Articles
Private organizations have recently established numerous programs aimed at improving the environmental performance of industry. Many of the new programs seek to define and enforce standards for environmental management, and to make it difficult for producers not to participate in them. They claim, explicitly and implicitly, to promote the public interest. They take on functions generally performed by government regulatory programs, and may change or even displace government programs. Private programs thus have the potential to significantly reshape domestic and international policy institutions.
This paper describes three major private environmental regulatory programs applicable to forestry and discusses their implications for …
The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas
The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas
Journal Articles
No abstract provided.
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Journal Articles
The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …
1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel
1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel
Journal Articles
This essay explores the theme of the 1998 annual meeting of the Law and Society Association: "Making Connections across Disciplines, Theories, and Methods," focusing in particular on the connections between researcher and subject and between researcher and researcher. The essay discusses three recent articles, by Joseph Sanders and V. Lee Hamilton, by Barbara Yngvesson, and by Margaret Montoya. These articles illustrate recent creative efforts by law and society researchers to forge new kinds of connections to their subjects. The articles also illustrate fundamentally different conceptions of the role of the researcher and of the methodologies on which sociolegal studies might …
Ingos As Political Actors, Makau Mutua