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1999

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Articles 1 - 30 of 88

Full-Text Articles in Law and Society

A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson Nov 1999

A Peculiar People: The Mystical And Pragmatic Appeal Of Mormonism, Kenneth Anderson

Book Reviews

This 1999 Los Angeles Times Book Review essay examines Richard and Joan Ostling's account of contemporary Mormonism in the United States. Richard Ostling, a reporter for Time Magazine, obtained extensive access to Mormon Church officials in the course of researching the book, and it gives the fullest account available currently of Mormon life in America. The review finds the book to be very evenhanded and objective, and perhaps the best introduction to the Mormon faith extant today, whether by Mormon church members or non-members.


Corruption And Legitimation Crises In Latin America, Ángel Oquendo Oct 1999

Corruption And Legitimation Crises In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.


Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson Oct 1999

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …


The Globalisation Of Crime, Mark Findlay Jul 1999

The Globalisation Of Crime, Mark Findlay

Research Collection Yong Pung How School Of Law

As with many emergent themes in today's society, globalisation is simple and complex. Put simply, it is the collapsing of time and space; the process whereby through mass communication, multi-national commerce, internationalised politics, and transnational regulation we seem to be moving inexorably towards a single culture. The more complex interpretation of globalisation is as paradox - wherein there are as many pressures driving us in the direction of the common culture as those keeping us apart.


Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol Jul 1999

Latina Multidimensionality And Latcrit Possibilities: Culture, Gender, And Sex©, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay explores the multiple margins that Latinas inhabit both within majority society and their comunidad Latina because of their compounded outsider status in all their possible communities. Exploring the concept and theme of "Between/Beyond Colors: Outsiders Within Latina/o Communities" elucidates both the challenges and the possibilities the young LatCrit movement presents for Latinas.

From its inception, LatCrit has broadened and sought to reconstruct the race discourse beyond the normalized binary black/white paradigm -- an underinclusive model that effects the erasure of the Latina/o, Native, and Asian experiences as well as the realities of other racial and ethnic groups in …


The Erotics Of Virtue, Kenneth Anderson Jun 1999

The Erotics Of Virtue, Kenneth Anderson

Book Reviews

(Obituary Essay on Dominique Aury/Pauline Reage, Author of Story of O)This essay originally appeared in the LA Times book review as an obituary essay on Dominique Aury, author (under the name Pauline Reage) of the pornographic classic Story of O. The essay argues that Story of O is a fairy tale in which the heroine, O, seeks to escape from modernity's enforced virtues of equality, freedom, and choice into a world of the virtues of hierarchy - the eroticized analogues of religious submission. The novel is driven forward by a downward spiral in which O seeks to surrender herself to …


The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts Jun 1999

The Hazards Of Legal Fine Tuning: Confronting The Free Will Problem In Election Law Scholarship, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Family Law In The Age Of Distrust, Carl E. Scheider Jun 1999

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …


Comment On Steve Lubet: Reconstructing Atticus Finch, Rob Atkinson May 1999

Comment On Steve Lubet: Reconstructing Atticus Finch, Rob Atkinson

Scholarly Publications

No abstract provided.


Legal Rules And Social Reform, Emily Sherwin Apr 1999

Legal Rules And Social Reform, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Youthbuild, Dorothy Stoneman, Fatma Marouf Apr 1999

Youthbuild, Dorothy Stoneman, Fatma Marouf

Faculty Scholarship

YouthBuild is a comprehensive youth and community development program that simultaneously addresses several core issues facing lowincome communities: education, housing, jobs, and leadership development. It is based on the conviction that the energy and intelligence of young people need to be liberated and enlisted in solving the problems facing our society, and that low income young people are an untapped resource for solving the problems facing their own communities.

YouthBuild engages disconnected young men and women who have no apparent path to a productive future by teaching them basic academic, life, leadership, and employability skills through work on community housing …


Is Progressive Constitutionalism Possible?, Robin West Apr 1999

Is Progressive Constitutionalism Possible?, Robin West

Georgetown Law Faculty Publications and Other Works

Progressivism is in part a particular moral and political response to the sadness of lesser lives, lives unnecessarily diminished by economic, psychic and physical insecurity in the midst of a society or world that offers plenty. This insecurity is unjust and should end; the suffering should be alleviated, and those lives should be enriched. To do so must be one of the goals of a morally just or justifiable state. Not all suffering and not all lesser lives, of course, give rise to such a response. The suffering attendant to accident, disease, war and happenstance is neither entirely chargeable to …


The Future Of Governmental Ethics: Law And Morality, Jon L. Mills Apr 1999

The Future Of Governmental Ethics: Law And Morality, Jon L. Mills

UF Law Faculty Publications

Based on a speech presented at the 16th International Symposium on Economic Crime, Cambridge University, England September 13-19, 1998.


Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock Mar 1999

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Coercing Privacy, Anita L. Allen Mar 1999

Coercing Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Feb 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

All Faculty Scholarship

No abstract provided.


The Myth Of The Nullifying Jury, Nancy S. Marder Feb 1999

The Myth Of The Nullifying Jury, Nancy S. Marder

All Faculty Scholarship

Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled …


Minority Preferences Reconsidered, Terrance Sandalow Jan 1999

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.


Failure And Forgiveness: A Review, James J. White Jan 1999

Failure And Forgiveness: A Review, James J. White

Reviews

In Failure and Forgiveness, Professor Karen Gross has written two books about bankruptcy. The first book, found in the first nine chapters, describes the bankruptcy law, the bankruptcy system, its operation, and the policies that support that law and system. This first book is written for a lay audience, and it is an admirable exposition of the law and policy. The second book, chapters ten to fifteen, contains several proposals for change in the bankruptcy law and states arguments to justify those proposals. The second book shows Professor Gross to be a kindly socialist, deeply suspicious of free markets and …


Langdell's Auto-Da-Fé, John Henry Schlegel Jan 1999

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.


Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.


African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.


Crazy Reasons, Stephen J. Morse Jan 1999

Crazy Reasons, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


Who Authors Trademarks, Steven Wilf Jan 1999

Who Authors Trademarks, Steven Wilf

Faculty Articles and Papers

No abstract provided.


The Limits Of Social Norms, Jeffrey J. Rachlinski Jan 1999

The Limits Of Social Norms, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin Jan 1999

Of False Teeth And Biting Critiques: Jones V. Fisher In Context, Regina Austin

All Faculty Scholarship

No abstract provided.


Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy Jan 1999

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Scholarly Works

No abstract provided.


Calling To Account, Stephen Ellmann Jan 1999

Calling To Account, Stephen Ellmann

Other Publications

No abstract provided.


Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers Jan 1999

Family Law And Gay And Lesbian Family Issues In The Twentieth Century, Nancy Polikoff, David Chambers

Articles in Law Reviews & Other Academic Journals

Over the past thirty years, lesbians and gay men have increasingly challenged conventional definitions of marriage and the family. In this brief article, the authors tell the story of gay people and family law in the United States across this period. They divide their discussion into two sections: issues regarding the recognition of the same-sex couple relationship and issues regarding gay men and lesbians as parents. These issues overlap, of course, but since family law discussions commonly treat adult-adult issues of all sorts separately from parent-child issues, the authors believe it convenient and helpful to do so as well.


Lying To Protect Privacy, Anita L. Allen Jan 1999

Lying To Protect Privacy, Anita L. Allen

All Faculty Scholarship

No abstract provided.