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When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo Jan 2009

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.


The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen Jan 2009

The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen

Faculty Publications

"The Shortest Article in Law Review History" appeared in 2 to a mixture of acclaim ("Brilliant!"), horror ("Don't you have anything better not to do?"), and indifference ("Huh?"). Since then, many have asked how the article came into being and what its effect on legal scholarship has been. (Well, the author's mother and sister did once raise those questions, or one of them anyway.) This new article provides readers with just about everything needed to understand a twenty-first century development in the life of the mind.


Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen Jan 2009

Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen

Faculty Publications

This essay considers a time-dishonored question: What, if anything, do judges have on under their robes? After serious research and thought, the author concludes that judges are-or, in an economically rational world, should be-minimalists.


Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo Jan 2009

Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo

Faculty Publications

Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.