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Legal Ethics and Professional Responsibility Commons™
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Articles 1 - 6 of 6
Full-Text Articles in Legal Ethics and Professional Responsibility
On Time, (In)Equality, And Death, Fred O. Smith Jr.
On Time, (In)Equality, And Death, Fred O. Smith Jr.
Michigan Law Review
In recent years, American institutions have inadvertently encountered the bodies of former slaves with increasing frequency. Pledges of respect are common features of these discoveries, accompanied by cultural debates about what “respect” means. Often embedded in these debates is an intuition that there is something special about respecting the dead bodies, burial sites, and images of victims of mass, systemic horrors. This Article employs legal doctrine, philosophical insights, and American history to both interrogate and anchor this intuition.
Law can inform these debates because we regularly turn to legal settings to resolve disputes about the dead. Yet the passage of …
Lessons From Lincoln: A Comment On Levinson, Steven D. Smith
Lessons From Lincoln: A Comment On Levinson, Steven D. Smith
Pepperdine Law Review
No abstract provided.
Compromise And Constitutionalism, Sanford Levinson
Compromise And Constitutionalism, Sanford Levinson
Pepperdine Law Review
Professor Levinson explores compromises (1) that went into the making of the United States Constitution, and (2) that have occurred in the Supreme Court's constitutional interpretation. He explores these compromises in light of Israeli philosopher Avishai Margalit's distinction between bad compromises and rotten compromises. "Rotten compromises" are indefensible except, perhaps, in the most exceptional of conditions. A "rotten political compromise" is one that agrees "to establish or maintain an inhuman regime, a regime of cruelty and humiliation, that is, a regime that does not treat humans as humans." Under this standard, Levinson identifies as rotten compromises the Constitution's protection of …
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
The Cost Of Compromise And The Covenant With Death, Paul Finkelman
Pepperdine Law Review
This article is a rebuttal to the writings of those advocating the view that America was formed through compromise and that compromise in modern constitutional law is, therefore, necessary and beneficial. A recount of the “compromises” at the Constitutional Conventional that eventually led to the approval and protection of slavery begins the analysis establishing the danger of Americans compromising over constitutional protections. The article continues on, discussing the Compromise of 1850 and its drafters whom others have considered “passionately devoted to the Union”, like John Calhoun, who would later assert that the Constitution was expendable. The Compromise of 1850 did …
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
Slavery And The Sudan: Can Good Works Be Good?, Ibpp Editor
International Bulletin of Political Psychology
This article focuses on the consequences of attempts to free slaves and abolish slavery in the Sudan.
Professionalism And The Chains Of Slavery, Redmond J. Barnett
Professionalism And The Chains Of Slavery, Redmond J. Barnett
Michigan Law Review
A Review of Justice Accused: Antislavery and the Judicial Process by Robert M. Cover and The Dred Scott Case: Its Significance in American Law and Politics by Don E. Fehrenbacher