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Articles 1 - 18 of 18

Full-Text Articles in Law

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday Sep 2000

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Response: The Values Of Legal Archaeology, Judith Maute Jan 2000

Response: The Values Of Legal Archaeology, Judith Maute

Judith L. Maute

No abstract provided.


La Instrucción Para Gobierno De Los Bajeles Guardacostas De Indias De 1o. De Octubre De 1803 En La Nueva España, Óscar Cruz Jan 2000

La Instrucción Para Gobierno De Los Bajeles Guardacostas De Indias De 1o. De Octubre De 1803 En La Nueva España, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


Notas Sobre Los Medios Alternativos De Solución De Controversias, Óscar Cruz Jan 2000

Notas Sobre Los Medios Alternativos De Solución De Controversias, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


El Arbitraje En México: Notas En Torno A Sus Antecedentes Históricos, Óscar Cruz Jan 2000

El Arbitraje En México: Notas En Torno A Sus Antecedentes Históricos, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail Jan 2000

On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This short essay examines the use of conceptual ‘maps’ in the discourse of private international law. By helping us to conceptualize the choices we are faced with, as well as by providing us with a version of the history of private international law, which is supposed to validate that conceptualization, these ‘maps’ have had a – mostly unacknowledged –normative effect on the very identity and operation they purport to describe. Existing maps have been inaccurate in their portrayal of the PIL field and its development, as a more sophisticated historical overview easily shows. The essay concludes by proposing some new conceptual ...


Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer Jan 2000

Homosexuality As Contagion: From The Well Of Loneliness To The Boy Scouts, Nancy J. Knauer

Nancy J. Knauer

In the political arena, there are currently two central and competing views of homosexuality. Pro-family organizations, working from a contagion model of homosexuality, contend that homosexuality is an immoral, unhealthy, and freely chosen vice. Many pro-gay organizations espouse an identity model of homosexuality under which sexual orientation is an immutable, unchosen, and benign characteristic. Both pro-family and pro-gay organizations believe that to define homosexuality is to control its legal and political status. This sometimes bitter debate regarding the nature of same-sex desire might seem like an exceedingly contemporary development. However, the ex-gay media blitz of 2000 represents only the latest ...


Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel Jan 2000

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as ...


What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel Jan 2000

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the other ...


Self-Defense: The Equalizer, David B. Kopel, Linda Gorman Jan 2000

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.


The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds Jan 2000

The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.


Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson Jan 2000

Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson

Trisha Olson

No abstract provided.


Tussen Vrijheid En Grondrechten. Een Paradigmastrijd Met Blijvende Actualiteitswaarde, Serge Gutwirth, Paul De Hert Jan 2000

Tussen Vrijheid En Grondrechten. Een Paradigmastrijd Met Blijvende Actualiteitswaarde, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Between freedom and rights. A paradigmatic strife of persistant actuality


Restatement Of The Law (Third): The Law Governing Lawyers, Daniel Coquillette Dec 1999

Restatement Of The Law (Third): The Law Governing Lawyers, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield Dec 1999

There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield

Kent Greenfield

This paper was prepared for the University of Georgia School of Law Conference on Teaching Corporate Law, October 16, 1999. The paper argues that the basic corporate law course should focus much more on the questions surrounding the role of the corporation in society. In the typical corporate law course, little attention is given to the broad question of the position of the corporation within society at large or the narrower question of the relationship between the corporation and workers. The lack of consideration of these issues is odd indeed, since corporate law (like all law) is understandable only within ...


Law And Time In Medieval Jurisprudence, Laurent Mayali Dec 1999

Law And Time In Medieval Jurisprudence, Laurent Mayali

Laurent Mayali

No abstract provided.


Fiction Et Pouvoir De Représentation En Droit Canonique Médiéval, Laurent Mayali, Andre Gouron Dec 1999

Fiction Et Pouvoir De Représentation En Droit Canonique Médiéval, Laurent Mayali, Andre Gouron

Laurent Mayali

No abstract provided.