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Articles 1 - 30 of 74
Full-Text Articles in Jurisprudence
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
Victoria Phillips
No abstract provided.
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
The Radical Feminist Defense Of Individualism, Cynthia V. Ward
Cynthia V. Ward
No abstract provided.
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker
Katharine K. Baker
A Trilogy Of Essays On Scholarship, David Barnhizer
A Trilogy Of Essays On Scholarship, David Barnhizer
David Barnhizer
At the beginning it is helpful to realize that the five versions of the scholarly ideal produce different forms of intellectual work with distinct goals and motivations. The scholar engaging in such activity can vary dramatically in terms of what the individual is seeking to achieve through his or her research output and actions that might be taken related to the findings reflected in that product. Similarly, there is a diverse set of targets at which the work is directed. These targets include communicating ideas and knowledge to other scholars who are invested in a specific sub-discipline. They also include …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Masculinity And Title Ix: Bullying And Sexual Harassment Of Boys In The American Liberal State, Nancy C. Cantalupo
Nancy C Cantalupo
This article examines two recent “hot topics” related to Title IX of the Educational Amendments of 1972 (“Title IX”): sex-segregated schooling and gender-based violence including sexual harassment and bullying. First, in 2006, the Department of Education suspended Title IX’s prohibition of sex-segregated education in K-12 public schools amidst some sex segregation advocates’ claims that a “feminized” educational system causes sex discrimination against boys. Second, over the last decade an increasing number of boys have sued or complained against their schools for sex discrimination in the form of gender-based violence (including same-sex bullying, sexual harassment, hazing, and sexual violence).
This article …
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller
Russell A. Miller
Politics' and pathology have converged to heighten speculation that Justice Ruth Bader Ginsburg's tenure on the Supreme Court is nearing its end. Even if the imminence of her retirement is greatly exaggerated, the time to reflect on Justice Ginsburg's lasting contribution to American constitutional law has arrived. Justice Ginsburg is best known for her long campaign to promote gender equality. Her successful advocacy on that issue before the Supreme Court throughout the 1970s led President Clinton to conclude, when announcing her nomination to fill Justice Byron White's vacated seat on the high court, that she is to the women's movement …
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Liberty, Equality, Diversity: States, Cultures And International Law, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
This chapter explores how culture is addressed by contemporary international law, with particular reference to human rights law norms. The first part covering freedom focuses on the rise of the modern state and its conscious reimagining of ties with its citizens through the promotion of tolerance and a secular, national identity. The shift is explored through the prisms of the freedom of religion, the right to participate in (national) cultural life, and the limitations on freedom of expression including prohibition of hate speech and domestic blasphemy laws. The second part on equality centres on the relationship between the state, the …
The Three Waves Of Married Women’S Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joe Custer
Joe Custer
Paper starts with a brief section on early America and social reform that provides a background on why married women's property acts (MWPA's) passed when they did in nineteenth century America. After laying the foundation, the paper delves into the three waves in which the MWPA's were passed in the nineteenth century focusing for the first time in the literature on one specific state for each wave. The three states; Mississippi, New York and Oregon, are examined leading up to passage. Next, the paper will look into the judicial reaction of each State’s highest court. Were the courts supportive of …
Snopa And The Ppa: Do You Know What It Means For You? If Snopa (Social Networking Online Protection Act) Or Ppa (Password Protection Act) Do Not Pass, The Snooping Could Cause You Trouble, Angela Goodrum
Angela Goodrum
No abstract provided.
Deadly Dicta: Roe’S “Unwanted Motherhood”, Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Deadly Dicta: Roe’S “Unwanted Motherhood”, Gonzales’S “Women’S Regret” And The Shifting Narrative Of Abortion Jurisprudence, Stacy A. Scaldo
Stacy A Scaldo
For thirty-four years, the narrative of Supreme Court jurisprudence on the issue of abortion was firmly focused on the pregnant woman. From the initial finding that the right to an abortion stemmed from a constitutional right to privacy[1], through the test applied and refined to determine when that right was abridged[2], to the striking of statutes found to over-regulate that right[3], the conversation from the Court’s perspective maintained a singular focus. Pro-life arguments focusing on the fetus as the equal or greater party of interest were systematically pushed aside by the Court.[4] The consequences of an unwanted pregnancy, or as …
Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz
Legislative Regulation Of Surrogacy And Reproductive Technology, Marjorie Maguire Shultz
Marjorie M. Shultz
No abstract provided.
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
It Ain’T Necessarily So: The Misuse Of “Human Nature” In Law And Social Policy And Bankruptcy Of The “Nature-Nurture” Debate, 21 Tex. J. Women & L. 187 (2012))., Justin Schwartz
Justin Schwartz
Debate about legal and policy reform has been haunted by a pernicious confusion about human nature: and the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what kind of thing a “nature” …
The Right To Be Fat, Yofi Tirosh
The Right To Be Fat, Yofi Tirosh
Yofi Tirosh
Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …
Intersektionella Analyser. Att Begreppsliggöra Ojämlikheter I Och Genom Rätten, Linnéa Wegerstad, Niklas Selberg
Intersektionella Analyser. Att Begreppsliggöra Ojämlikheter I Och Genom Rätten, Linnéa Wegerstad, Niklas Selberg
Niklas Selberg
Inledning till tema intersektionalitet
I inbjudan till detta temanummer skrev den svenska redaktionen att nordisk rättsvetenskaplig forskning under de senaste decennierna allt mer har uppmärksammat olika maktrelationer i förhållande till rätten, men att interaktioner mellan olika maktrelationer inte har analyserats i någon större utsträckning. Däremot har genusvetenskaplig forskning behandlat interaktioner mellan kön, klass, etnicitet, sexualitet, ålder eller funktionshinder inom vad som har kommit att kallas intersektionalitet. I det följande introducerar vi föreliggande nummers intersektionella analyser, och diskuterar det sammanhang de kan placeras i. 1980 hade Retfærd sitt första temanummer om kvinnorätt som fem år senare följdes upp av tema ’kvinderetfærd’. …
Critical Theories Of Race And Racism In World Perspective, Angela P. Harris
Critical Theories Of Race And Racism In World Perspective, Angela P. Harris
Angela P Harris
This introduction to an edited collection on race and equality to be published by Ashgate Press surveys antidiscrimination law in a number of countries from a critical race theory perspective.
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr
Bernard Sama
The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Loving Before And After The Law, Loving Before And After The Law, Angela P. Harris
Angela P Harris
No abstract provided.
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Law In High Heels: Performativity, Alterity, And Aesthetics, Monica Lopez Lerma
Monica Lopez Lerma
Pedro Almodovar's High Heels (the original Spanish title, Tacones Lejanos, literally means "distant heels") is a 1991 postmodern film that celebrates performance, fluidity, and fragmentation as ways of being in and understanding the world. In a generic combination of melodrama, comedy, musical, and film noir, High Heels tells the story of a turbulent mother-daughter relationship, and a judge's criminal investigation following the murder of the daughter's husband (who also happens to be the mother's former lover). In recent years, Almodovar's film has received the attention of Orit Kamir, a law-and-film feminist scholar who opens up a refreshing line of inquiry. …
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Cancun Climate Negotiations, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.
Compassion And Critique, Angela Harris
Compassion And Critique, Angela Harris
Angela P Harris
This piece will appear in a symposium organized by Anthony Paul Farley on Marxism and race, in the Columbia Journal of Race and Law.
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Linnéa Wegerstad
No abstract provided.
Nordisk Workshop I Straffrätt, Helsingfors 2011, Linnéa Wegerstad
Nordisk Workshop I Straffrätt, Helsingfors 2011, Linnéa Wegerstad
Linnéa Wegerstad
Sexualbrottens sexualitet: Hur konstrueras ett ofredande?
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Requirements Of A Valid Islamic Marriage Vis-À-Vis Requirements Of A Valid Customary Marriage In Nigeria, Olanike Sekinat Odewale Mrs
Olanike Sekinat Adelakun
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Interview With Professor Martha Albertson Fineman, Linnéa Wegerstad, Niklas Selberg
Niklas Selberg
No abstract provided.
Comment On James Boyd White's Book "Living Speech" (Princeton 2006), Yofi Tirosh
Comment On James Boyd White's Book "Living Speech" (Princeton 2006), Yofi Tirosh
Yofi Tirosh
Professor White introduces a new way for thinking about speech; a new measure for assessing it. He invites us to use speech carefully and responsibly, in what he calls “living speech.” Caring about the value of speech is not merely an aesthetic endeavor. As meaning making creatures, as “centers of meaning,” we should know how to recognize the speech that is essential to our humanness. Because living speech is “what enables any of us to be a person in the first place” (16).
How can we recognize living speech? The short answer that White gives us, which is indeed poetic …
A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh
A Name Of One's Own: Gender And Symbolic Legal Personhood In The European Court Of Human Rights, Yofi Tirosh
Yofi Tirosh
Legal regulation of surnames provides a fascinating venue for examining how women negotiate their interests of autonomy and of stable personhood vis a vis a patriarchal naming structure. This is a study of 25 years of adjudication of surnames and personal status at the European Court of Human Rights. It explores the intricate ways in which legal norms governing surnames (and their judicial interpretation) sustain, shape, and reify social institutions such as gender, family, and citizenship.
As a pan European court, the adjudication of the ECHR operates within the framework of human rights. The universal characteristics of human rights principles …