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The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder

Cardozo Law Review

The fasces symbolized the majesty of Roman law. It was an axe attached to a bundle of sticks. Consuls, emperors, and other high-ranking officials were escorted in public by lictors bearing the fasces as the visible representation of the enforcement powers of the state. Offenders could be mercifully flogged with one of the sticks or justly executed with the blade.

Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson

Cardozo Law Review

My aim is to uncover the unconscious emotions characteristically associated with some basic legal institutions. These emotions are ones we invariably have when we follow or enforce rules, fulfill duties, and claim or exercise rights. We know the conscious emotions that we experience-the cruelty of rules and our fear of them, the hopes in rights, security of duties, and so forth. Yet not all the emotions that we encounter in basic legal institutions are conscious. We experience unconscious emotions as well.

Before The Law There Stands A Woman: In Re Taylor V. Butler (With Court-Appointed Yiddish Translator), Jonathan Boyarin

Cardozo Law Review

I begin with a story I heard from my Lower East Side rabbi, Rabbi Singer (because relating Torah in the name of the one who said it is said to help bring redemption), about an Eastern European sage known as the Lemberger Gaon.

Domestic Violence And Tribal Protection Of Indigenous Women In The United States, Christine Zuni Cruz, Gloria Valencia-Weber

Faculty Scholarship

The purpose of this article is to discuss openly the issue of the physical abuse of American Indian women in a manner that reflects the authors' knowledge of how American Indian people live. This article confronts presumptions or pre-existing notions about the indigenous people of the United States that pervade popular culture. Initially, this article will examine the sovereign nature of the tribal nations within the parameters of both international law and United States jurisprudence. This article will also address the way in which some international instruments relate to the rights and protection of indigenous people, including specific provisions for …

Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller

Michigan Law Review

This article is about case theory and its implications for incorporating client narratives in litigation. In seeking to understand the connections between voice, narrative, and case theory, I look not only to theory but to my experience as a clinical teacher and criminal defense attorney. I explore how the practice of lawyering can be reconstructed to embrace a greater role for clients in constructing case theories, both through the images of the client the lawyer presents in the case theory and through active client participation in developing and choosing the case theory. Although one aim of case theory is to …

Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts

Cardozo Law Review

While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Michigan Law Review

Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …

Virgin Territory: Margaret Radin's Imagery Of Personal Property As The Inviolate Feminine Body, Jeanne L. Schroeder

Articles

Margaret Jane Radin's theory of property for personhood posits that certain personal property is deeply intertwined with individual identity, necessitating legal protections that go beyond traditional property rights. While her approach offers a feminist perspective by emphasizing the body and body-like objects as extensions of selfhood, critics argue that her framework lacks an account of community and intersubjectivity, rendering it incomplete. The article suggests that integrating insights from Hegel and Lacan could provide a more comprehensive understanding of property relations, addressing both personal and communal dimensions.

Becoming Gentlemen: Women's Experiences At One Ivy League Law School, Lani Guinier, Michelle Fine, Jane Balin, Ann Bartow, Deborah Lee Stachel

Publications and Research

In this Article we describe preliminary research by and about women law students at the University of Pennsylvania Law School—a typical, if elite, law school stratified deeply along gender lines. Our database draws from students enrolled at the Law School between 1987 and 1992, and includes academic performance data from 981 students, self-reported survey data from 366 students, written narratives from 104 students, and group-level interview data of approximately eighty female and male students.' From these data we conclude that the law school experience of women in the aggregate differs markedly from that of their male peers.

Vol. 45, No. 2, October 13, 1994, University Of Michigan Law School

Res Gestae

•3Ls Cope with Dings •Law Review Admission Criteria Aimed for Diversity •Paper Chase Ends in Computer Lab •Student Arrested in Dean's Office Gets Case Dismissed •Hail from the Chief •MacKinnon Q&A •Crossword •The Four-Headed Beast from the South •Regally Hungover & Fiscally Under Siege

The Opinion Volume 35 Number 4 – October 12, 1994, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1994

Bioethics With A Human Face, Carl E. Schneider

Indiana Law Journal

Symposium: Emerging Paradigms in Bioethics

Changing Sovereignty Games And International Migration, Aristide R. Zolberg

Indiana Journal of Global Legal Studies

In this article, Professor Zolberg argues that today's

immigration issues should be analyzed within their historical bases.

He follows the formation of the modern State, with particularfo cus

on the legal and political meaning of "sovereignty" as understood

in pre-colonial times down to the World War II period. He next

identifies several late twentieth century phenomena in Europe and

elsewhere, many of which pose serious challenges to long-standing

notions of nationhood and citizenship. The author concludes that

despite the recent development of borderless markets and

communication infrastructures, much remains to be done to build a

truly global community.

Global Migration And European Integration, Guy De Lusignan

Indiana Journal of Global Legal Studies

No abstract provided.

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Reservation Geography And The Restoration Of Native Self-Government, Robert White-Harvey

Dalhousie Law Journal

Recognition of the spatial aspects of Indian settlement on reserves is vital to understanding the potential for Native self-government. In particular, the number and size of reserves, as well as the remoteness, accessibility and dispersal of Native land holdings must be considered. They can impact on the viability and cost of Native courts and institutions, the solidarity of bands, and the economic livelihood of reserve residents. As Native self-government is fleshed out in constitutional reform talks and experiments in limited self-government, it is not widely known that all of the reserves in every province of Canada combined would not cover …

Mission Revival Jurisprudence: State Courts And Hispanic Water Law Since 1850, Peter L. Reich

Washington Law Review

In this Article, the author argues that after the United States' annexation of the Southwest, state judges in California, New Mexico, and Texas knowingly distorted the communal nature of applicable Spanish and Mexican water law. While previous scholars have acknowledged that courts misinterpreted municipal and riparian water rights originating in the Southwest's Hispanic period, most historians have attributed the distortion to ignorance rather than design. Using archival sources, the author demonstrates that American judges created an historical fiction of "Spanish" absolute water control, and intentionally disregarded actual law and custom dictating water apportionment. The resulting doctrines of pueblo water rights …

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and …

Democracy And Demography, Carol Greenhouse

Indiana Journal of Global Legal Studies

No abstract provided.

Vol. 45, No. 1, September 29, 1994, University Of Michigan Law School

Res Gestae

•Law Students Start Two New Journals •Job Hunt Resumes •Hail from the Chief •Rare Books Get a Rare Look •Cross Exam •Doctor G's Love Prescription •Prince, Sinead: Nothing Compares 2 Them •Royal Wisdom and Summer Exploits •Law in the Raw

The Record - Vol. 25, Issue 7, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Patients' Rights After Health Care Reform: Who Decides What Is Medically Necessary?, Wendy K. Mariner

Faculty Scholarship

President Clinton's Health Security Act entitles individuals not to unlimited health care, but to a package of defined insurance benefits with specific exclusions and limitations. Like virtually all reform proposals, it would limit covered benefits to services that are medically necessary. If health reform is to control costs, not all medically necessary care can be covered. In the absence of a generally accepted definition of medical necessity, many services will not be guaranteed to all patients unless they are explicitly covered in the federal legislation or regulations. Without a federal definition of medical necessity or regulations listing covered services, health …

Requiem For Indiana Jones: Federal Law, Native Americans, And The Treasure Hunters, David G. Bercaw

Tulsa Law Review

No abstract provided.

Federalism, Regionalism, And Sovereignty In Russia, Alex Dehgan

Seton Hall Constitutional Law Journal

No abstract provided.

Hate Speech In The New South Africa: Constitutional Considerations For A Land Recovering From Decades Of Racial Repression And Violence, Eric Neisser

Seton Hall Constitutional Law Journal

No abstract provided.

The Difficulty In Defining Obscenity Along Feminist Lines: Rethinking Canada's Butler Decision, Kelli Walsh

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Changing Opportunities For Partnership For Men And Women Lawyers During The Transformation Of The Modern Law Firm, Fiona M. Kay, John Hagan

Osgoode Hall Law Journal

Considerable controversy surrounds partnership in law firms, particularly regarding the possibility of systematic gender bias and discrimination. This article contributes to the existing literature by considering explanations of women's under-representation in partnerships within the historical context of changes in the structure of law practice. Such changes include transitions in the organization and scale of contemporary law firms, the emergence of branch offices and international markets, the diversification of recruitment practices and mobility routes through modified firm hierarchies, and rising expectations of billable hours. Using a survey of over 1,000 lawyers in Ontario law firms, the authors examine opportunities for partnership …

A Kinder, Gentler Liberalism? Visions Of Empathy In Feminist And Communitarian Literature, Cynthia V. Ward

Faculty Publications

No abstract provided.

Contributors: Vol 17 No. 2, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 17 (1994): Pacific Studies Full Issue 2

Struggle For The Child: Preserving The Family In Adoption Disputes Between Biological Parents And Third Parties, Kristen Korn

North Carolina Law Review

No abstract provided.