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Jury Verdict & Damages Research, Cleveland-Marshall College of Law Library 2020 Cleveland State University

Jury Verdict & Damages Research, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong 2019 University of Pittsburgh

The Politics Of Pity Versus Piety: The Poetics And Politics Behind Different Feminist Accounts On The Muslim Woman, Wei Mei Wong

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This article analyzes two books that utilize the construct of “The Muslim Woman” as a symbol for public consumption across a global and conceptual scale: Saba Mahmood’s book, 'Politics of Piety', and Malala Yousafzai’s and Christina Lamb’s 'I am Malala'. The motivation behind the analysis is to situate the texts within debates on essentialism within accounts of Muslim women. While essentialism and the critique of it in such discussions are not a novelty, the books demonstrate a physical manifestation of essentialism and a reductionist reaction toward this brand of essentialism. Through analysis of the content, poetics, and ...


The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson 2019 University of San Diego

The Unreasonableness Of Catholic Integralism, Micah Schwartzman, Jocelyn Wilson

San Diego Law Review

In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting the freedom and equality of citizens who hold a wide—but not unlimited—range of religious, ethical, and philosophical conceptions of the good. In arguing that Catholic integralism conflicts with this understanding of reasonableness, it might seem that we are begging the question against integralists. But our purpose here is not to engage integralists on their own terms. So far, the debate about integralism has been conducted mostly among Catholics and Christian conservatives ...


Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline 2019 Notre Dame Law School

Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline

Notre Dame Law Review

This Note does not attempt to claim that religion and conscience are not moral equivalents, that they are not equally important, or that they do not require equal legal treatment. Nor does it attempt to claim the converse. Simply put, it argues that a consideration of the different foundations underlying conscience protections and religious protections should give pause to anyone arguing that the two are equivalent. This Note concludes that the rationales behind protecting religion and conscience are different enough to merit consideration in the debate. For if religion and conscience are treated as equivalents under the law, they will ...


Pepperdine University School Of Law Legal Summaries, Analise Nuxoll 2019 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri 2019 Institute for Middle East Studies, Canada

New Bottles, Old Wine: The Contemporary Palestinian Political Division, Abdalhadi Alijla, Aziz Al Masri

Journal of Islamic and Middle Eastern Multidisciplinary Studies

This study examines the prolonged Palestinian division. Its essential focus is to explore the various stages that the Palestinian political system has gone through and track its development from the British mandate up to the ongoing division between Fatah and Hamas. It aims to uncover the roles of regional and foreign actors which have destabilized the Palestinian national movement. Moreover, it demonstrates the role of the United Kingdom and Israel in inciting the divide and conquer principle during the British mandate, as well as the way the Palestine Liberation Organisation managed to maintain national unity from the 1960s. Finally, this ...


Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers 2019 Cleveland-Marshall College of Law, Cleveland State University

Book Review: Postmodern Legal Movements: Law And Jurisprudence At Century's End By Gary Minda, Chris Sagers

Chris Sagers

Postmodem Legal Movements does two things. First, the bulk of the book provides an overview of American jurisprudence, from Christopher Columbus Langdell to the present. This overview is necessary because, in order to understand "postmodem forms of jurisprudence, we must first explore what came before postmodernism, that is, modernism" (p. 5). Second, the relatively short latter portion of the book presents an argument about the current state of American legal scholarship and its future. Minda's picture of contemporary legal thought is that of a paradigm shift in the making.

Postmodern Legal Movements will prove useful to those in search ...


Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson 2019 Norton Rose Fulbright US LLP

Standards Of Review In Texas, W. Wendell Hall, Ryan G. Anderson

St. Mary's Law Journal

Abstract forthcoming


Understanding The Recurrent Crisis In Legal Romanticism: Two Criteria For Coherent Doubt, Chris Sagers 2019 Cleveland-Marshall College of Law, Cleveland State University

Understanding The Recurrent Crisis In Legal Romanticism: Two Criteria For Coherent Doubt, Chris Sagers

Chris Sagers

Broadly skeptical or relativistic criticisms of law and legal discourse, of the kind prevalent in the last generation in American legal scholarship, pose an inherent logic problem: they tend to impugn normativity itself just as much as they do their intended target. What seems amiss is that the act of critique is itself normative. However it is stated, and notwithstanding efforts by the critic to say otherwise, it is hard to see how the normativity implied in the very act of critique—indeed, in the very act of having purposes at all—is not at odds with the criticism itself ...


American Legion V. American Humanist Association, Seth T. Bonilla 2019 Alexander Blewett III School of Law at the University of Montana

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


An Intellectual History Of Mass Incarceration, Alice Ristroph 2019 Brooklyn Law School

An Intellectual History Of Mass Incarceration, Alice Ristroph

Boston College Law Review

There is much criticism of America’s sprawling criminal system, but still insufficient understanding of how it has come to inflict its burdens on so many while seemingly accomplishing so little. This Article asks, as Americans built the carceral state, what were we thinking? The Article examines the ideas about criminal law that informed legal scholarship, legal pedagogy, and professional discourse during the expansion of criminal legal institutions in the second half of the twentieth century. In each of these contexts, criminal law was and still is thought to be fundamentally and categorically different from other forms of law in ...


"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon 2019 Cleveland-Marshall College of Law, Cleveland State University

"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon

Lee Fisher

The authors provide varying opinions on the Second Amendment.


Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir 2019 Cleveland-Marshall College of Law, Cleveland State University

Taking Globalization Seriously: Towards General Jurisprudence (Book Review Of Globalization And Legal Theory, William Twining), Doron M. Kalir

Doron M Kalir

Part II provides an account of the jurisprudence of Globalization and Legal Theory. Due to the novelty of many of the issues discussed in the book, as well as their importance to the understanding of Twining's recommendations, I have provided a longer than usual account of several chapters. Part II touches upon one of the central jurisprudential dichotomies introduced by Twining—the distinction between general and particular jurisprudence. Twining compares different accounts of the distinction using pairs of canonical jurists. In particular, he compares H.L.A Hart's Postscript with Dworkin's Law's Empire. In this part ...


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips 2019 American University Washington College of Law

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

Victoria Phillips

No abstract provided.


The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak 2019 John Marshall Law School

The Human Right To A Healthy Environment: Pushing The Boundaries In The Inter-American System, Sarah Dávila-Ruhaak

Conference: The Social Practice of Human Rights

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the rights to life, highest attainable standard of physical and mental health, adequate standard of living, adequate food, clean water and sanitation, housing, culture, freedom of expression and association, information and education, participation, effective remedies, and the rights of indigenous peoples. Without adequate ...


Marshall As A Judge, Robert Post 2019 Yale Law School

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.


Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington 2019 Penn State Dickinson Law

Bankruptcy’S Class Act: Class Proofs Of Claim In Chapter 11, Tori Remington

Dickinson Law Review

When a business files for protection under Chapter 11 bankruptcy, it must begin to pay off its debt by reorganizing or liquidating its assets. Oftentimes, both processes include terminating employees to reduce the business’s expenditures. As a result of these terminations, former employees might file a “class proof of claim” against the business to preserve any claims of unpaid wages or violations of federal law.

Whether a group may file a class proof of claim against a debtor in bankruptcy remains unclear. The Tenth Circuit has rejected the class proof of claim in bankruptcy. The remaining circuit courts that ...


Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi 2019 Elisabeth Haub School of Law at Pace University

Learning From Feminist Judgments: Lessons In Language And Advocacy, Bridget J. Crawford, Linda L. Berger, Kathryn M. Stanchi

Pace Law Faculty Publications

This essay offers a perspective-shifting approach to meeting some of our pedagogical goals in law school: the study of re-imagined judicial decisions. Our thesis is that exposing students to “alternative judgments”—opinions that have been rewritten by authors who look at the law and the facts differently—will help students develop a more realistic and nuanced view of judicial decision-making: one that is aspirational and based in the real world, and one that allows them to envision their futures as successful advocates. The “alternative judgments” of the feminist judgments projects can enrich the law-school experience in multiple ways. First, seeing ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor 2019 Seattle University School of Law

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose ...


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