Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Reading Back, Reading Black, I. Bennett Capers
Reading Back, Reading Black, I. Bennett Capers
Hofstra Law Review
This essay builds on post-colonial theory and black literary theory to pose a pair of questions. If the reading of Western literature can be enriched by examining the great canonical texts through the lens of race, can a similar enrichment obtain from using a similar reading practice to read the law? Stanley Fish has argued that we each belong to interpretive communities, and that members of these communities are guided in their readings of texts by a common consciousness, which produces interpretive "strategies [that] exist prior to the act of reading and therefore determine the shape of what is read." …
The Constitutional Rights Of Non-Custodial Parents, David D. Meyer
The Constitutional Rights Of Non-Custodial Parents, David D. Meyer
Hofstra Law Review
No abstract provided.
Legal Ethics And The Constitution, Alan Dershowitz
Legal Ethics And The Constitution, Alan Dershowitz
Hofstra Law Review
No abstract provided.
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
"Play In The Joints Between The Religion Clauses" And Other Supreme Court Catachreses, Carl H. Esbeck
Hofstra Law Review
Consistent with its fumbling of late when dealing with cases involving religion, the U.S. Supreme Court has taken to reciting the metaphor of play in the joints between the Religion Clauses. This manner of framing the issue before the Court presumes that the Free Exercise and Establishment Clauses run in opposing directions, and indeed will often conflict. It then becomes the Court's task, as it sees it, to determine if the law in question falls safely in the narrows where there is space for legislative action neither compelled by the Free Exercise Clause nor prohibited by the Establishment Clause. The …