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The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.

“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips

Cardozo Law Review

Several good reasons must have led Michael Craton to choose the title for his very useful work, Searching for the Invisible Man: Slaves and Plantation Life in Jamaica. In the area of slavery and criminal sanctions, however, there is great difficulty with the idea of the "invisibility" of black people. Blacks were, in fact, "evervisible." Indeed, in view of their numbers and ubiquity, the slaves were at the forefront of the minds and concerns of all white people. This was especially true for the dominant political elite who made the laws and controlled the system of the administration of …

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris

Cardozo Law Review

Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the First Judicial District Court in New Orleans) that were not appealed to the state supreme court after 1846, when appeals were allowed in criminal cases. Professor Schafer, our leading student of nineteenth-century Louisiana slave law, has covered the criminal cases that were appealed …

As The World (Or Dare I Say Globe?) Turns: Feminism And Transnationalism, Fedwa Malti-Douglas

Indiana Journal of Global Legal Studies

No abstract provided.

Strategic Sisterhood Or Sisters In Solidarity? Questions Of Communitarianism And Citizenship In Asia, Aihwa Ong

Indiana Journal of Global Legal Studies

The Fourth World Conference on Women (Beijing 1995) has spawned a

Triumphant sense among Western/Northern feminists that they are forging a

strategic sisterhood with less privileged women in the South. Feminists from

metropolitan countries seek a new North-South alliance whereby they make

strategic interventions on behalf of third world women by putting pressure on

their governments. Professor Ong critiques strategic sisterhood on the

following grounds:

First, strategic sisterhood is based on individualistic notions of

transnational feminine citizenship, ignoring the historical and cultural

differences between women from the first and third worlds. In particular, the

concept ignores geopolitical inequalities whereby postcolonial …

Toward A Feminist Analytics Of The Global Economy, Saskia Sassen

Indiana Journal of Global Legal Studies

Economic globalization has reconfigured fundamental properties of the

nation-state, notably territoriality and sovereignty. There is an incipient

unbundling of the exclusive territoriality we have lcing associated with the

nation-state. The most strategic instantiation of this unbundling is probably

the global city, which operates as a partly denationalized plaform for global

capital. Sovereignty is being unbundled by these economic and other noneconomic

practices and new legal regimes. At the limit this means that the

State is no longer the only site for sovereignty and the normativity that comes

with it, and further, that the State is no longer the exclusive subject …

Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon

Faculty Articles

Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

William & Mary Law Review

No abstract provided.

The Polyphonic Courtroom: Expanding The Possibilities Of Judicial Discourse, Robert Rubinson

All Faculty Scholarship

This Article draws upon the ideas of Mikhail Bakhtin to critique judicial discourse as embodied in written opinions. Judicial opinions are typically monologues which reject exploration of complex issues of meaning in favor of simply justifying a result. Opinions should instead be part of a continuing dialogue whose hallmark is exploration, not simplification - what the Article characterizes as "polyphonic," Polyphonic opinions should embrace dialogue and complexity and recognize the validity of multiple perspectives. This goal can not simply be willed, however, because cognition by necessity simplifies. To meet this challenges, the Article concludes with recommendations for "judicial calisthenics," including …

Implications Of Global Polarization For Feminist Work, Gracia Clark

Indiana Journal of Global Legal Studies

No abstract provided.

Vol. 47, No. 1, September 9, 1996, University Of Michigan Law School

Res Gestae

•Campbell Chapter of Phi Alpha Delta Wins International Awards •The New Career Services •An Insider's Guide to NYC •FYI Program •The Nature of Diversity •Reviewing the Selection Process •Blanks' Culture Corner •Hey, Third Year

Cultural Relativity And Universalism: Reevaluating Gender Rights In A Multicultural Context, Elene G. Mountis

Penn State International Law Review (1982 - 2011)

No abstract provided.

Ethics At The End Of The Century: A Mosaic Form Genesis To Genetics, David H. Smith

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

The Ethics Center: Tenth Anniversary, Wmu Center For The Study Of Ethics In Society

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society, September 28, 1995.

Brief Of Amicus Curiae State Of Oregon In Support Of Appellant - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Opening Brief Of Intervenor-Defendants/Appellants Puget Sound Shellfish Growers - United States V. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.

Corporate Sponsorship In Transactional Perspective: General Principles And Special Cases In The Law Of Tax Exempt Organizations, Frances R. Hill

University of Miami Entertainment & Sports Law Review

No abstract provided.

A Researcher’S Privilege: Does Any Hope Remain?, Robert M. O'Neil

Law and Contemporary Problems

No abstract provided.

Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna

Law and Contemporary Problems

Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.

Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff

Law and Contemporary Problems

Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.

Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou

Law and Contemporary Problems

Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.

Finding A True Story Of American Religion: Comments On L.H. Larue's Constitutional Law As Fiction: Narrative In The Rhetoric Of Authority, Winnifred Fallers Sullivan

Washington and Lee Law Review

No abstract provided.

Europe's Consultative Commission On Racism And Xenophobia And The Slow Progress Towards A European Antiracism Observatory, Johan Leman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Affidavit Of Elizabeth A. Brandt, Ph.D. (With Resume), Elizabeth A. Brandt

Sandia Pueblo Mountain Claim

No abstract provided.

Religious Tolerance And Its Limits In Early America, George Dargo

Northern Illinois University Law Review

This article posits that religious toleration in early America was rooted in practical considerations amid the necessities of settlement. The British colonies in North America achieved an unparalleled degree of religious liberty. Even groups that were on the social margins of American life--e.g., Roman Catholics, Jews, African Americans--gained a measure of social recognition and religious toleration because they found a role or served certain necessary functions in a developing society. Native Americans were not similarly treated because they were never able to establish equivalent functional utility. Philosophical advocates of Religious Toleration and Freedom of Conscience--principally Roger Williams and John Locke--envisaged …

Stories About Property, William W. Fisher Iii

Michigan Law Review

A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership

Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder

Articles

The article critiques the incoherence of takings jurisprudence under the Fifth and Fourteenth Amendments, arguing that property rights cannot be understood as absolute or natural but must be viewed through the lens of Hegelian dialectics. It contends that property is a socially constructed concept requiring pragmatic reasoning to balance individual rights and communitarian limits. The analysis emphasizes that the determination of when regulation constitutes a taking cannot be resolved through rigid legal frameworks but demands a pragmatic approach, as the balance between individualistic and communitarian interests is inherently empirical and subjective.

Volume 19, Issue 1 (Spring 1996)

Transcript

No abstract provided.

Swimming The New Stream: The Disjunctions Between And Within Popular And Academic International Law, Jason Mark Anderman

Duke Journal of Comparative & International Law

No abstract provided.

Resource Law Notes Newsletter, No. 37, Spring Issue, Apr. 1996, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.