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Articles 7261 - 7290 of 10448
Full-Text Articles in Entire DC Network
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson
UF Law Faculty Publications
While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …
The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge
The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge
Washington Law Review
A new movement in America espousing a novel doctrine, property-rights absolutism, has gained some popular and political appeal. But the property rights absolutists tend to ignore the societal foundations of property, and especially de-emphasize the responsibilities property owners have to the community in which they live. They fail to consider properly the significance of the police power and its vital role in the American and Washington State constitutional systems. This Article debunks the newly minted mythology of the property-rights absolutists and places the police power and property rights in their proper historical perspective.
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Evaluating Scientific And Forensic Evidence, Richard H. Underwood
Law Faculty Scholarly Articles
Professor Underwood offers a critique of the present state of scientific and forensic evidence. In the context of discussing four challenges to the field, the author arms the practitioner with strategies and tactics for making effective use of scientific and forensic testimony.
Identity, Conflict And Cooperation In International River Basins, Jack V. Kalpakian
Identity, Conflict And Cooperation In International River Basins, Jack V. Kalpakian
Graduate Program in International Studies Theses & Dissertations
This dissertation tests the hypothesis that water disputes cause serious conflict within and between states. It uses a structured case study approach to see whether there is a link between the independent and dependent variables. It also considers the effect of other variables on serious conflict. Specifically it addresses the effects of national identity and the othering process on conflict. The three case studies are built around rivers in the drier parts of the world. This biases the dissertation towards affirming the established mainstream hypothesis which states that water disputes cause serious conflict. In all three cases, historical animosities and …
Points Against Postmodernism, Catharine A. Mackinnon
Points Against Postmodernism, Catharine A. Mackinnon
Chicago-Kent Law Review
In this Essay, MacKinnon pointedly contends with a central tropism in much postmodernism to "de-realize" reality, contrasting it with feminism's epistemic and legal accomplishments and potential in remaking the world for women.
Critical Race Theory And Autobiography: Can A Popular "Hybrid" Genre Reach Across The Racial Divide?, Sylvia R. Lazos Vargas
Critical Race Theory And Autobiography: Can A Popular "Hybrid" Genre Reach Across The Racial Divide?, Sylvia R. Lazos Vargas
Minnesota Journal of Law & Inequality
No abstract provided.
Review Of: Jerry L. Anderson, Environmental Law Practice, Danielle L. Pacik
Review Of: Jerry L. Anderson, Environmental Law Practice, Danielle L. Pacik
RISK: Health, Safety & Environment (1990-2002)
A review of the book Environmental Law Practice: Problems and Exercises for Skills Development by Jerry L. Anderson and Dennis D. Hirsch (Carolina Academic Press 1999). Foreword, acknowledgments, introduction, appendix, index. ISBN 0-89089-657-7 [275 pp. $25.00. Cloth, 700 Kent Street, Durham, NC 27701].
155th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
155th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame
Commencement Programs
155th University of Notre Dame Commencement and Mass Program including Law School awards
Emerging Worldwide Strategies In Internationalizing Legal Education, Louis F. Delduca
Emerging Worldwide Strategies In Internationalizing Legal Education, Louis F. Delduca
Penn State International Law Review (1982 - 2011)
No abstract provided.
How Children And Adolescents Relate To Nature, Patricia Nevers
How Children And Adolescents Relate To Nature, Patricia Nevers
Center for the Study of Ethics in Society Papers
Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 21,1999.
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Michigan Law Review
Because of the thoughtfulness of its arguments, the range and depth of its presentation of specific cases, and the fairness with which it reveals, thinks through, and allows some validity to opposing points of view, Playing Darts with a Rembrandt is a valuable contribution to understanding which parties have, and should have, rights in key objects that comprise our collective heritage. That I am not persuaded by some of the specific arguments in the book in no way reduces my admiration for what it accomplishes.
The Universal Grammar Of Criminal Law, Stuart P. Green
The Universal Grammar Of Criminal Law, Stuart P. Green
Michigan Law Review
There is something about the criminal law that invites comparative analysis. The interests it protects are so basic, and its concerns so fundamental, that it is natural to ask whether there are aspects of criminal law that are somehow universal. We want to know whether familiar concepts such as murder and manslaughter, intent and negligence, and insanity and mistake, are characteristic of other systems of criminal law as well, and, if so, what role they play there. In the last generation, no criminal law scholar has made better use of comparative law techniques than George Fletcher, the Cardozo Professor of …
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
Vanderbilt Law School Faculty Publications
This essay discusses the legal implications of bio-behavioral underpinnings to norms, morality, and economic order. It first discusses the recent book "The Great Disruption: Human Nature and the Reconstitution of Social Order," in which Francis Fukuyama explores the importance of evolved human nature to the reconstruction of social order and a thriving economy. It then addresses the extent to which we can usefully view law-relevant norms as products of evolutionary - as well as economic - processes.
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
Michigan Law Review
For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
Cardozo Law Review
No abstract provided.
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
Schmitt And Poststructuralism: A Response, Gayatri Chakravorty Spivak
Schmitt And Poststructuralism: A Response, Gayatri Chakravorty Spivak
Cardozo Law Review
No abstract provided.
Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes - United States V. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))
No abstract provided.
The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts
The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts
Chicago-Kent Law Review
While commending civil society revivalists' commitment to freedom and equality, this Article argues that the revivalists' moral vision is marred by exclusivity. Roberts locates this moral exclusivity in a flawed account of the relationship between social inequality and moral decline. By discounting the importance of social justice for creating civic faith, involvement, and solidarity, the revivalists' proposals tend to benefit society's most privileged families.
Will The Real Civil Society Advocates Please Stand Up?, Jean Bethke Elshtain
Will The Real Civil Society Advocates Please Stand Up?, Jean Bethke Elshtain
Chicago-Kent Law Review
Some critics have charged the Council on Civil Society with longing for a society that excludes entire categories of persons from membership, with being blind to "abuse and violence" within marriage, and being blasé about growing social and economic inequalities. This Article responds to these and other critiques from McClain and Fleming, Fineman, and Roberts by arguing that A Call to Civil Society clearly demonstrates not only a commitment to the morality and dignity of all human persons, but also a prohibition against any institution that promotes "invidious distinctions between men and women." The remainder of this Article argues that …
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
Hegemony, Coercion, And Their Teeth-Gritting Harmony: A Commentary On Power, Culture, And Sexuality In Franco's Spain, Ratna Kapur, Tayyab Mahmud
University of Michigan Journal of Law Reform
Professor Gema Pérez-Sánchez's article, Franco's Spain, Queer Nation? focuses on the last years of Francisco Franco's fascist dictatorship and the early years of the young Spanish democracy, roughly from the late 1960's to the early 1980's. The centerpiece of her article looks at how, through law, Franco's regime sought to define and contain what it considered dangerous social behavior, particularly homosexuality. She traces how the state not only exercised hegemonic control over definitions of gender and sexuality, but also established well-defined roles for women and drew clear lines between what constituted legitimate and illegitimate sexualities, namely, the line between heterosexuality …
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
Indiana Journal of Global Legal Studies
No abstract provided.
Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam
Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam
Indiana Journal of Global Legal Studies
No abstract provided.
The Creed According To The Legal Academy: Nihilistic Musings On Pedagogy And Race Relations, Barbara L. Bernier
The Creed According To The Legal Academy: Nihilistic Musings On Pedagogy And Race Relations, Barbara L. Bernier
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax
Law and Contemporary Problems
No abstract provided.
A Difficult Choice In A Different Voice: Multiple Births, Selective Reduction And Abortion, Stacey Pinchuk
A Difficult Choice In A Different Voice: Multiple Births, Selective Reduction And Abortion, Stacey Pinchuk
Duke Journal of Gender Law & Policy
No abstract provided.
Why Austria Has A Future In The Heart Of Europe, Ibpp Editor
Why Austria Has A Future In The Heart Of Europe, Ibpp Editor
International Bulletin of Political Psychology
Based on the February 3rd Declaration Issued by Wolfgang Schussel and Jorg Haider, this article suggests that Austria already is much more like Europe than one might think and will continue in this vein.
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin
Brigham Young University Education and Law Journal
No abstract provided.