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Articles 61 - 75 of 75
Full-Text Articles in Legal History
Out Of Many, One People; E Pluribus Unum: An Analysis Of Self-Identity In The Context Of Race, Ethnicity, And Context Of Race, Kamille Wolff
Out Of Many, One People; E Pluribus Unum: An Analysis Of Self-Identity In The Context Of Race, Ethnicity, And Context Of Race, Kamille Wolff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Engaged Intellectuals: Comments On The Crisis Of The Latina/O Public Intellectual, Martin Saavedra
Engaged Intellectuals: Comments On The Crisis Of The Latina/O Public Intellectual, Martin Saavedra
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Beautifully Powerful: A Latcrit Reflection On Coming To An Epistemological Consciousness And The Power Of Testimonio, Lindsay Pérez Huber
Beautifully Powerful: A Latcrit Reflection On Coming To An Epistemological Consciousness And The Power Of Testimonio, Lindsay Pérez Huber
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago
The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago
American University Journal of Gender, Social Policy & the Law
No abstract provided.
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig
Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig
UIC Law Review
No abstract provided.
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
UIC Law Review
No abstract provided.
Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook
Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook
Nevada Law Journal
Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the subject …
Ugly American Hermeneutics, Francis J. Mootz Iii
Ugly American Hermeneutics, Francis J. Mootz Iii
Nevada Law Journal
This article will appear in a Symposium on comparative legal hermeneutics that includes four articles by American scholars and four articles by Brazilian scholars. I argue that the "ugly American" hermeneutics exemplified in Justice Scalia's opinion in District of Columbia v. Heller is unfortunate, even if we supplement Justice Scalia's hermeneutical fantasy with the much more careful and balanced philosophical work by Larry Solum, Keith Whittington and other scholars. Nevertheless, the pragmatic work of interpretation by lawyers and judges in the day-to-day world of legal practice shows a plain-faced integrity of which we Americans can be proud.
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Nevada Law Journal
The linguistic-ontological turn has brought uncountable consequences to the interpretation of Law. However, dogmatic-legal knowledge remains hostage to a judicial protagonism, a philosophy of consciousness that, together with legal discretion, represent two sides of the same coin. The criticism of judicial discretion is a matter of democracy: decisions must be coherent, assuring the integrity of Law by reinforcing the normative power of the Constitution from which arises the need for correct answers in Law.
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Nevada Law Journal
It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal interpretation is to conceive of the legal text as translucent, but along the way I will compare the merits also of considering …
Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley
Ada Lois Sipuel Fisher: How A “Skinny Little Girl” Took On The University Of Oklahoma And Helped Pave The Road To Brown V. Board Of Education, Cheryl B. Wattley
Oklahoma Law Review
No abstract provided.
The Vitality Of The American Sovereign, Todd E. Pettys
The Vitality Of The American Sovereign, Todd E. Pettys
Michigan Law Review
The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …