Jurisprudence Commons^™

Where Do The Prophets Stand?: Hamdi, Myth And The Master's Tools, Linda H. Edwards

Scholarly Works

No abstract provided.

The Rubber Bands Are Broken; Opening The ‘Punctualized’ European Administration Of Justice, Paul Van Den Hoven

Paul van den Hoven

In this paper the speculative thesis is explored that in our era of digital connectivity, the remarkable capacity of a legal institution to absorb a huge amount of social dynamics as if it is a priori already present in a closed, ‘punctualized’ institution , leads to a serious loss of public legitimacy. The main argument is that such response to alternative, ‘rich’ narratives isolates the institution in an era in which digital technology creates actants that make such isolation untenable.

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 …

Can Two Real Men Eat Quiche Together? Storytelling, Gender-Role Stereotypes, And Legal Protection For Lesbians And Gay Men, Marc A. Fajer

University of Miami Law Review

No abstract provided.

Reflections On The Significance Of The Sex/Gender System: Divorce Law Reform In New York, Isabel Marcus

University of Miami Law Review

No abstract provided.

The Role Of Liberal Political Culture In The Construction Of Middle America, Allen Hunter

University of Miami Law Review

No abstract provided.

Rape As A Legal Symbol: An Essay On Sexual Violence And Racism, Kristin Bumiller

University of Miami Law Review

No abstract provided.

Spirit-Murdering The Messenger: The Discourse Of Fingerpointing As The Law's Response To Racism, Patricia Williams

University of Miami Law Review

No abstract provided.

Excluded Voices: New Voices In The Legal Profession Making New Voices In The Law, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

The Construction Of Social Problems As Buttresses Of Inequalities, Murray Edelman

University of Miami Law Review

No abstract provided.

Legality And Empathy, Lynne N. Henderson

Michigan Law Review

This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …