Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 10 of 10
Full-Text Articles in Legal History
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine
St. Mary's Journal on Legal Malpractice & Ethics
A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
The Aba Rule Of Law Initiative Celebrating 25 Years Of Global Initiatives, M. Margaret Mckeown
Michigan Journal of International Law
Relying on extensive reports, program documentation, and interviews with important actors in the rule of law movement, this article will explore how one key player in the international-development field—the ABA—has furthered rule of law values through its global programs. The first half of the article surveys the ABA’s involvement in rule of law initiatives. Part I explores the origins of the ABA’s work in this field, which date back to the organization’s founding and took shape after the demise of the former Soviet Union. Part II surveys the expansion of the ABA’s programs beyond Eastern Europe to other regions—a growth …
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso
Pepperdine Law Review
No abstract provided.
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
The Limits Of Process, Robin West
The Limits Of Process, Robin West
Georgetown Law Faculty Publications and Other Works
This article presents four major objections to Jeremy Waldron’s claim that for “Rule of Law” to exist it we must move beyond basic formal requirements that laws be general and knowable rules we can all comply with, towards substantive requirements that when the law imposes its censorial and punitive will upon us, it is applied in a way that acknowledges our intelligence and respects our individual dignity. After challenging Waldron’s claim, the author suggests that if Rule of Law theorizing is intended to capture our ideals of law, then the three paradigms of Rule of Law scholarship that Waldron has …
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng
Sinkwan Cheng
This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …
Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett
Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Lawyers help ameliorate a particular instance of what the author calls the problem of interest--the partiality problem. For he believes that it falls to law professors to imbue in their students an understanding of the important role that lawyers play in society, if for no other reason than they will need some emotional armament from the slings and arrows of incessant lawyer jokes and worse. In explaining how the existence of lawyers helps address the problem of partiality, the author also explains how adherence to property rights, freedom of contract, and the rule of law--concepts long disparaged by law professors--help …
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
University of Michigan Journal of Law Reform
Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Michigan Law Review
A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell