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Full-Text Articles in Law and Society

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer Jan 2015

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer

David Barnhizer

In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …


#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi Dec 2011

#Ict4hr—Information And Communication Technologies For Human Rights, Molly Land, Patrick Meier, Mark Belinsky, Emily Jacobi

Molly K. Land

No abstract provided.


Sexual Politics And Social Change, Darren L. Hutchinson May 2010

Sexual Politics And Social Change, Darren L. Hutchinson

Darren L Hutchinson

The Article examines the impact of social movement activity upon the advancement of GLBT rights. It analyzes the state and local strategy that GLBT social movements utilized to alter the legal status of sexual orientation and sexuality following the Supreme Court’s ruling in Bowers v. Hardwick. Successful advocacy before state and local courts, human rights commissions, and legislatures fundamentally shifted public opinion and laws regarding sexual orientation and sexuality between Bowers and the Supreme Court’s ruling in Lawrence v. Texas. This altered landscape created the “political opportunity” for the Lawrence ruling and made the opinion relatively “safe.” Currently, GLBT rights …


Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit Jan 2009

Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit

Nancy Levit

This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …


Peer Producing Human Rights, Molly Land Dec 2008

Peer Producing Human Rights, Molly Land

Molly K. Land

Can there be a Wikipedia for human rights? The growth of collaborative technologies has spurred the development of projects such as Wikipedia, in which large groups of volunteers contribute to production in a decentralized and open format. The author analyzes how these methods of peer-based production can be applied to advance international human rights as well as the limitations of such a model in this field. An underlying characteristic of peer-based production, amateurism, increases capacity and participation. However, the involvement of ordinary individuals in the production of human rights reporting is also its greatest disadvantage, since human rights reports generated …


Protecting Rights Online, Molly Land Dec 2008

Protecting Rights Online, Molly Land

Molly K. Land

Although the human rights and access to knowledge (A2K) movements share many of the same goals, their legal and regulatory agendas have little in common. While state censorship online is a central concern for human rights advocates, this issue has been largely ignored by the A2K movement. Likewise, human rights advocates have failed to examine the cumulative effect of expanding copyright protections on education and culture. These disparate agendas reflect fundamentally different views about what states should regulate and the role of international institutions. Overcoming this divide is critical to ensuring the movements can draw on their respective strengths to …