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Full-Text Articles in Law
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney
Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney
The Ohio State University Moritz College of Law Working Paper Series
This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …
The Beecher Sisters As Nineteenth-Century Feminist Icons Of The Sameness-Difference Debate, Tracy A. Thomas
The Beecher Sisters As Nineteenth-Century Feminist Icons Of The Sameness-Difference Debate, Tracy A. Thomas
Akron Law Faculty Publications
This essay reviews the recent book, The Beecher Sisters by Barbara White, through the lens of feminist theory. It argues that each of the three great women chronicled in the book – Catharine Beecher, Harriet Beecher Stowe, and Isabella Beecher Hooker – serve as icons for each of the distinct strands of modern feminist thought. Barbara White, a professor emeritus of women’s studies at the University of New Hampshire, has given the field of women’s legal history a boost with her interdisciplinary contribution to the social and legal history of women. In The Beecher Sisters, White introduces us to each …
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.