Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal History (3)
- Equality (2)
- Law and Society (2)
- Adaptive management (1)
- Administrative Law (1)
-
- Allocative system (1)
- Analysis (1)
- Art (1)
- Artistic Expression (1)
- Arts and Entertainment (1)
- Bureaucracy (1)
- Citizenship (1)
- Common law environmentalism (1)
- Community property (1)
- Compensatory remedies (1)
- Constitutional Law (1)
- Deception (1)
- EU external trade (1)
- Ecology (1)
- Economics-based environmentalism (1)
- Environmental law (1)
- Environmentalism (1)
- Family law (1)
- First Amendment (1)
- France (1)
- Fred Schauer (1)
- Free market environmentalism (1)
- Gender (1)
- Germany (1)
- Global constitutionalism (1)
- Publication
- File Type
Articles 1 - 18 of 18
Full-Text Articles in Law and Society
Oliver Wendell Holmes, Jr., And The American Civil War, Catharine P. Wells
Oliver Wendell Holmes, Jr., And The American Civil War, Catharine P. Wells
Catharine P. Wells
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Daniel M Katz
No abstract provided.
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Susan Ayres
This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng
Michael P. Seng
No abstract provided.
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
Peter L. Lindseth
No abstract provided.
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Emily L Sherwin
No abstract provided.
Compensation And Revenge, Emily Sherwin
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Stewart J Schwab
In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Gerald Torres
No abstract provided.
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Felice J Batlan
No abstract provided.
Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani
Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani
Karen M. Tani
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
Elizabeth R. Carter
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …