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Full-Text Articles in Law
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …
Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan
Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan
Law Faculty Scholarly Articles
E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …
Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan
Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan
James M. Donovan
E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …
Straw Polls, Daniel B. Rodriguez
Straw Polls, Daniel B. Rodriguez
University of San Diego Public Law and Legal Theory Research Paper Series
A key measure of the democratic quality of a political community is how its members vote. The design and implementation of voting arrangements can illuminate the nature, purposes, and even potential of a community of citizens. Voting is, at the very least, used to sort out and implement preferences. Voting processes help in sorting out winners from losers and thereby provide a presumptively fair method for the implementation of public policy. At the same time, voting in a democratic policy is a coercive act. Voters are not merely expressing preferences; they are acting in order to transform their preferences into …