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Articles 481 - 497 of 497
Full-Text Articles in Law
Natural Rights To Welfare, Siegfried Van Duffel
Natural Rights To Welfare, Siegfried Van Duffel
Siegfried Van Duffel
No abstract provided.
Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli
Carlo A. Pedrioli
Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo
Nick J. Sciullo
Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
On The Language Of (Counter)Terrorism And The Legal Geography Of Terror, Nick J. Sciullo
Nick J. Sciullo
In this paper, I will discuss the difficulties in defining a place for the global war on terror and the implications this lack of terrestrial bounds has for the law. I will then discuss the way language impacts not only the idea of terrorism, but also the politics of place. On our journey will be philosophers Martin Heidegger and Jacques Derrida, discussed extensively below, who help flesh out the important politics of language and place. Ultimately, I will urge for a deconstructive approach to the global war on terror, which I hope will encourage a more thoughtful consideration of the …
Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall
Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall
Amy J. Sepinwall
As a result of the Supreme Court’s decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on ads supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises as well under a regime that allows wealthy individuals to do so. If we are not prepared to limit individuals’ expenditures on political speech, we will have to find a way to distinguish individuals’ and corporations’ free speech …
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and inmanymodern settings.Wedemonstrate thatwecan support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We …
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris
Carmen G. Gonzalez
Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …
Operation Ajax; Roots Of A Tree Grown In Distrust, Carter Matherly
Operation Ajax; Roots Of A Tree Grown In Distrust, Carter Matherly
Carter Matherly PhD
No abstract provided.
Americas And Caribbean Islands Union, Ruben B. Botello Jd
Americas And Caribbean Islands Union, Ruben B. Botello Jd
Ruben B Botello JD
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Repensar A Teoria Do Estado Entre Pluralismo Ético E Globalização, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Não pode deixar de haver uma relação entre Estado e valores. Sem alguns valores partilhados, o Estado tem dificuldades. Há sempre, de um modo ou de outro, uma Ética no Estado. Ou várias. Como lidar com as éticas e as morais em sociedades pluralista como as nossas? Esta dificuldade obriga-nos também a repensar o próprio Estado, também desafiado por tempos de globalização. Foram estas algumas das interrogações que desejamos colocar neste estudo, elaborado para corresponder ao honroso convite para colaborar no portentoso volume que homenageia o grande constitucionalista brasileiro, e Vice-Presidente da República Federativa do Brasil, Prof. Michel Temer.
Model Penal Code, No-Knock Search Warrants, And Robbery, Jennifer Allison
Model Penal Code, No-Knock Search Warrants, And Robbery, Jennifer Allison
Jennifer Allison
No abstract provided.
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
Allen Mendenhall
This essay considers the implications of the Seasteading Institute upon notions of law and sovereignty and argues that seasteading could make possible the implementation or ordering of polycentric legal systems while providing evidence for the viability of private-property anarchism or anarchocapitalism, at least in their nascent forms. This essay follows in the wake of Edward P. Stringham’s edition Anarchy and the Law and treats seasteading and polycentric law as concrete realities that lend credence to certain anarchist theories. Polycentric law in particular allows for institutional diversity that enables a multiplicity of rules to coexist and even compete in the open …
Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny
Hauerwas And The Law: Is There A Basis For Conversation?, M. Cathleen Kaveny
M. Cathleen Kaveny
No abstract provided.
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Nancy J. Knauer
The law occupies a prominent place in the everyday lives of LGBT individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of “legal consciousness” within the LGBT community. Given the importance of law in LGBT lives, it is …
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …