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The Other Side Of Religion, William P. Marshall

UC Law Journal

Religion is subject to both formal and informal constraints in its involvement in the political process.

The formal constraint is the Establishment Clause. It limits the extent to which religion may be benefitted or endorsed by government action. The informal constraint is the rhetorical objection that is often raised against religion when it attempts to enter the political arena and involve itself in public decisionmaking. Whether these constraints are warranted is currently a matter of significant political and academic debate.

In his Essay, Professor Marshall argues that the constraints placed upon religion are justified. Relying on Fyodor Dostoevsky's Grand Inquisitor …

On First Considering Whether Law Binds, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Legal Profession's Rule Against Vouching For Clients: Advocacy And The Manner That Is The Man Himself, Thomas L. Shaffer

Journal Articles

Modem American lawyers impose on one another regulatory rules that speak to the old argument but have not resolved it. One of these requires lawyers to advocate the interests of their clients with zeal; another forbids them from arguing that they believe what they say, or in the merit of what they are asking the government to do. The latter of these is a rule against vouching for clients. Rules that require zeal and forbid vouching seek to prevent both advertent deceit and an "unprofessional" limitation of advocacy to causes lawyers believe in. My claim is that these rules are …

How I Changed My Mind, Thomas L. Shaffer

Journal Articles

My own changes of mind are not unique. I am one of a small group of law teachers who have, over the last thirty years, become clearer in formulating an Hebraic legal ethic. We are a minority who have become bolder. We owe such courage as we have located for that to modern pioneers, most notably Harold Berman, and, more lately, Emily Hartigan. What has changed most for us has been the clarity of our public witness; the substance all along has been old-time religion. When I say "clarity" I mean that we have come to see this substance in …

Organic Goods: Legal Understandings Of Work, Parenthood, And Gender Equality In Comparative Perspective, Paolo G. Carozza

Journal Articles

The United States and Italy have taken quite different approaches toward providing legal protections for working parents. This Article uses a comparative perspective to highlight crucial aspects of the American legal and cultural attitudes towards parental leave. The author demonstrates how deeply rooted beliefs about equality, work, and family life have influenced the development of parental leave law. In particular, the Article describes how Italian law rests on notions of fundamental social equality, as well as on views concerning the importance of the interests of children and the family. As a result of this broad conception of the interests involved, …

Morality And Legal Reasoning, Gerard V. Bradley

Journal Articles

Natural law has been derided by several generations of intellectuals as "nonsense on stilts" (Bentham) or a "brooding omni- presence in the sky" (Holmes). Nevertheless, the idea refuses to go away. For a long time natural law theory was the preserve of neo- Scholastic theologians and philosophers in Roman Catholic universities and seminaries. In a nice bit of irony, however, just as Catholic institutions have begun to secularize by adopting the norms and standards of prominent institutions such as Harvard, Oxford, and Princeton, defenders of natural law theory have suddenly popped up at just these establishments. Fully equipped with the …

Making America Competitive, Mark J. Loewenstein

Publications

No abstract provided.

Clerks In The Maze, Pierre Schlag

Publications

No abstract provided.

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.

In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth

Faculty Articles

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.

Rawls's Excessively Secular Political Conception, Gary C. Leedes

University of Richmond Law Review

In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.

Navajo Dispute Resolution And Promissory Obligations: Continuity And Change In The Largest Native American Nation, Michael D. Lieder

American Indian Law Review

No abstract provided.

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.

Developing A Tribal Common Law Jurisprudence: The Navajo Experience 1969-1992, Daniel L. Lowery

American Indian Law Review

No abstract provided.

The Political Economy Of The Wagner Act: Power, Symbol, And Workplace Cooperation, Mark Barenberg

Faculty Scholarship

To shed light on the legal debate over new forms of workplace collaboration, this Article reexamines the origins of the National Labor Relations Act of 1935. Professor Barenberg concludes that the Wagner Act scheme was profoundly cooperationist, not adversarial as is conventionally assumed. Revisionist historiography shows that, contrary to the claims of public choice theorists, Senator Wagner's network of political entrepreneurs was the decisive force in the conception and enactment of the new labor policy, amidst interest group paralysis and popular unrest. Drawing on original archival materials and oral histories, Professor Barenberg reconstructs the progressive ideology of Wagner and his …

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.

Constitutionalism And Revolution, Stanley N. Katz

Cardozo Law Review

No abstract provided.

Chaos Theory And The Justice Paradox, Robert E. Scott

Faculty Scholarship

"[T]he laws have mistakes, and you can't go writing up a law for everything that you can imagine."

"When you reach an equilibrium in biology you're dead."

As we approach the Twenty-First Century, the signs of social disarray are everywhere. Social critics observe the breakdown of core structures – the nuclear family, schools, neighborhoods, and political groups. As these traditional social institutions have disintegrated, the law has expanded to fill the void. There are more laws, more lawyers, and more use of legal mechanisms to accomplish social goals than at any other time in history. The custodians and interpreters of …

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Euroculture: Communications, Community, And Identity In Europe, Kevin Robins, David Morley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mr. Justice Frankfurter's Iconography Of Judging, Alfred S. Neely

Kentucky Law Journal

No abstract provided.

Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo

Faculty Scholarship

No abstract provided.

Legal Anthropology Comes Home: A Brief History Of The Ethnographic Study Of Law, John M. Conley, William M. O'Barr

Faculty Publications

No abstract provided.

Extinction And The Law: Protection Of Religiously-Motivated Behavior, Fred P. Bosselman

Chicago-Kent Law Review

No abstract provided.

Vol. 15 No. 4 (1992): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

The Opinion Volume 33 Number 8 – December 1, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1992