Digital Commons Network^™

Imagining Lesbian Legal Theory, Kendall Thomas

City University of New York Law Review

No abstract provided.

Book Review, Deborah B. Luyster

Journal of Legal Education

No abstract provided.

Book Review, Ángel R. Oquendo

Journal of Legal Education

No abstract provided.

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

ExpressO

No abstract provided.

Fighting Fraud On Faith: Federal Securities Regulation And The Limits Of Disclosure, Shannon R. Selden

ExpressO

In the past ten years, Congress passed three major reform acts to address two diametrically opposed concerns: It first restrained what it believed was an excess of securities fraud litigation, then responded to an explosion of securities fraud. This Article contends that despite the competing provocations and ambitions of the reforms, they share an unwarranted adherence to the principle of disclosure as the best means to attack market malfeasance: The Article examines the basis for and consequences of that undeserved legislative fidelity. Applying behavioral economics and cultural theory to the recent legislation and its underpinnings, the Article concludes that a …

Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether

Washington and Lee Law Review

No abstract provided.

Who's Afraid Of Polygamous Marriage? Lessons For Same-Sex Marriage Advocacy From The History Of Polygamy, Cheshire Calhoun

San Diego Law Review

Attention to polygamy can strengthen the case for same-sex marriage. Both the historical debate on polygamy and the current debate on same-sex marriage concentrate on finding the best social response for the failure of conventional marriage to serve its purpose. The argument for traditional marriage conflicts with the Judeo-Christian tradition and a liberal democracy. Contrary to traditionalist arguments, polygamy and pluralistic relationships are a part of the Judeo-Christian tradition. Additionally, a liberal democracy is designed to protect an individual?s right to pursue a pluralistic way of life. Under a liberal theory, the state should remain neutral and allow individuals to …

From International Law To Law And Globalization, Paul Schiff Berman

ExpressO

International law’s traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important – though sometimes inchoate – processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that “international law” is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

Back To Government?: The Pluralistic Deficit In The Decisionmaking Process And Before The Courts, Fulvio Cortese, Marco Dani, Francesco Palermo

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Progess And Justification In American Criminal Law, John T. Parry

Tulsa Law Review

No abstract provided.

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Cornell Law Faculty Publications

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Buffalo Law Review

No abstract provided.

Adr Through A Cultural Lens: How Cultural Values Shape Our Disputing Processes, Julia Ann Gold

Journal of Dispute Resolution

I arrived for my second Nepali language class on time, but the teacher kept chatting about inconsequential things. I was paying by the hour, and we had already spent 25 minutes talking about nothing! A week later, I received an invitation to an art exhibit. The location was "Royal Museum," so that is where I went, only to find an empty building and no people. What had I missed? In my first meeting with the Dean of the Law Campus, we talked about trekking, the upcoming religious holidays, his visit to Seattle two years ago, relatives in the United States, …

State Ex Rel. Martinez V. City Of Las Vegas: The Misuse Of History And Precedent In Overruling The Pueblo Water Rights Doctrine In New Mexico, Martha Mulvany

Student Thesis Honors (1996-2008)

In State ex rel. Martinez v. City of Las Vegas, the Supreme Court of New Mexico struck the pueblo water rights doctrine from New Mexico law. State ex rel. Martinezs discussion of the pueblo water rights doctrine is primarily notable for its unprincipled use of history and the inconsistent application of the doctrine of stare decisis. This paper looks at the internal workings of the court's opinion rather than to the consequences it will have in the external world. There are several obvious lines of analysis that this paper might follow, but which it does not: This is not a …

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether

Cardozo Law Review

No abstract provided.

Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada

Saint Louis University Law Journal

No abstract provided.

Book Review, Oscar G. Chase

Journal of Legal Education

No abstract provided.

Reopening The Emmett Till Case: Lessons And Challenges For Critical Race Practice, Margaret M. Russell

Faculty Publications

As part of the symposium panel on "Re- Trying Racial Injustices," I devote this Essay to an expansion of themes addressed in my earlier work on the reopening of civil rights era prosecutions. I draw upon this work, as well as upon the insights of my co-panelists Anthony Alfieri and Sherrilyn Ifill, to examine the reopening of the Emmett Till case and its critical race practice possibilities.

In this Essay, I consider other aspects of these "cleansing moments." Are they illusory? Do they provide a misleading sense of closure at the expense of the ongoing hard work of racial justice …

Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski

Cardozo Law Review

No abstract provided.

The Corporation As God, Douglas Litowitz

ExpressO

No abstract provided.

Legal Realism, Common Courtesy, And Hypocrisy, Keith J. Bybee

College of Law - Faculty Scholarship

In the United States, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted - and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politics, how can one be sure that all the talk of law is not just mummery designed to disguise the pursuit of partisan …

Deconstructing Davis V. United States: Intention And Meaning In Ambiguous Requests For Counsel, David Aram Kaiser, Paul Lufkin

UC Law Constitutional Quarterly

The authors discuss the United States Supreme Court's decision in Davis v. United States, 512 U.S. 452 (1994), arguing that its holding-that police officers do not have to cease questioning a criminal suspect who utters an ambiguous request for counsel during custodial interrogation-depends on concepts of interpretation that have been discredited by the deconstructionist theory of Jacques Derrida and subsequent literary critics.

Derrida criticized theoretical movements, such as structuralism, that ignored the role of ambiguity in language. In turn, reacting to Derrida's emphasis on the indeterminacy of meaning, other literary critics sought criteria for "objective" interpretation, the search for which …

Critical Race Realism: Re-Claiming The Antidiscrimination Principle Through The Doctrine Of Good Faith In Contract Law, Emily Houh

Faculty Articles and Other Publications

This Article employs what it calls "critical race realism" to theorize and propose a common law antidiscrimination claim that incorporates contemporary re-conceptualizations of antidiscrimination jurisprudence and grounds itself doctrinally not in civil rights law but in the contractually implied obligation of good faith. "Critical race realism" refers in part to this Article's explicit goal, in proposing the common law claim, to re-conceive explicitly the private law doctrine of good faith as one that might assist in effecting a public law norm of equality. By employing critical race realism, this Article hopes to help revive the controversy over what constitutes the …

Toward An Ethic Of Teaching: Class, Race And The Promise Of Community Engagement, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

The three articles in this cluster challenge the consumerist, productoriented notion of teaching in American society today. As such, they provide some answers to my dilemma. They suggest that I should follow core ideals of community, caring, teaching and learning. They suggest, especially Darder's article, that the consumerist path fulfills neither the self nor the community ultimately. They all have at their core a notion of teaching more effectively for the challenges of today's society by breaking down artificial classroom walls and barriers and urging a pedagogy of community engagement.

Toward An Ethic Of Teaching: Class, Race And The Promise Of Community Engagement, Roberto L. Corrada

Villanova Law Review (1956 - )

No abstract provided.

From International Law To Law And Globalization, Paul Schiff Berman

GW Law Faculty Publications & Other Works

International law's traditional emphasis on state practice has long been questioned, as scholars have paid increasing attention to other important - though sometimes inchoate - processes of international norm development. Yet, the more recent focus on transnational law, governmental and non-governmental networks, and judicial influence and cooperation across borders, while a step in the right direction, still seems insufficient to describe the complexities of law in an era of globalization. Accordingly, it is becoming clear that "international law" is itself an overly constraining rubric and that we need an expanded framework, one that situates cross-border norm development at the intersection …

Reopening The Emmett Till Case: Lessons And Challenges For Critical Race Practice, Margaret M. Russell

Fordham Law Review

No abstract provided.

Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Villanova Law Review (1956 - )

No abstract provided.

Neotrusteeship In Afghanistan, Melanie Kawano

Human Rights & Human Welfare

Afghanistan is currently under the tentative rule of an international administration, or neotrusteeship, thereby restricting its national sovereignty. However, self-determination and nonintervention have never been persistent features of Afghanistan. Foreign interventions, invasions and great power showdowns on its territory have made a truly autonomous Afghan state a shortlived phenomenon. The outcome at each stage of Afghan history has been an unstable state that seems to invite even more external involvement.