Digital Commons Network^™

How Equality Became Elitist: The Cultural Politics Of Economics From The Court To The "Nanny Wars", Martha T. Mccluskey

Seton Hall Law Review

No abstract provided.

"Kulturkampf(S)" Or "Fit(S) Of Spite"?: Taking The Academic Culture Wars Seriously, Sylvia R. Lazos Vargas

Seton Hall Law Review

No abstract provided.

Imagining Lesbian Legal Theory, Kendall Thomas

Faculty Scholarship

It’s great to be here for this particular occasion to honor the work of Ruthann Robson, from whom I have, over the course of many years, learned so much.

First, I’ve learned from her the critical importance of doing work that is based on and reflects a set of political and ethical commitments to people who live under regimes of domination and inequality. Her scholarship, to me, is a model of engaged adversary scholarship. She has never fallen into the trap, so common to those of us who are professionalized in the legal academy, of thinking that this work does …

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

Articles & Chapters

Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.

Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Articles

No abstract provided.

Screening The Law: Ideology And Law In American Popular Culture, Naomi Mezey, Mark C. Niles

Georgetown Law Faculty Publications and Other Works

This Article is an attempt to think critically about the pop cultural life of law, to investigate the legal and ideological messages that cultural images of law bear, and to explore how, why and to what extent television and film differ in their portrayals of law. While many legal scholars have addressed the legal content of popular culture in recent years, few have explored the field expansively or interrogated the significant differences in the images of law and legal institutions produced in the different popular media. Some scholars have traced one legal theme through popular culture generally, others have focused …

Prime-Time Lies: Do Portrayals Of Lawyers Influence How People Think About The Legal Profession, Victoria S. Salzmann, Philip T. Dunwoody

SMU Law Review

No abstract provided.

Screening The Law: Ideology And Law In American Popular Culture, Mark Niles, Naomi Mezey

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Online Defamation: A Case Study In Competing Rights, Julie Dare

Theses : Honours

As a consequence of the dominant role the United States has played in its development, the Internet has become synonymous with a liberal interpretation of freedom of expression, heavily imbued with First Amendment free speech principles. This has resulted in an environment that supports an adversarial, aggressive style of interaction; an environment which has become a "defamation prone zone" (Edwards, 1997). However, resolving online defamation disputes is problematic, particularly in cross-jurisdictional cases involving defendants based in the United States. Incongruities in the balance of free speech and reputation between the United States and most other countries, as expressed through defamation …

The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman

Journal of Legal Education

No abstract provided.

Property As Legal Knowledge: Means And Ends, Annelise Riles

Cornell Law Faculty Publications

This article takes anthropologists’ renewed interest in property theory as an opportunity to consider legal theory-making as an ethnographic subject in its own right. My focus is on one particular construct – the instrument, or relation of means to ends, that animates both legal and anthropological theories about property. An analysis of the workings of this construct leads to the conclusion that rather than critique the ends of legal knowledge, the anthropology of property should devote itself to articulating its own means.

Vol. 27, No. 12 (November 22, 2004)

Indiana Law Annotated

No abstract provided.

Vol. 27, No. 11 (November 15, 2004)

Indiana Law Annotated

No abstract provided.

The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui

Buffalo Human Rights Law Review

No abstract provided.

Tale Of International Law In The Heartland: Torres And The Role Of State Courts In Transnational Legal Conversation, A, Janet Koven Levit

Tulsa Journal of Comparative and International Law

No abstract provided.

Adventures In Heteronormativity: The Straight Line From Liberace To Lawrence, Joan W. Howarth

Nevada Law Journal

No abstract provided.

A Third Parallel Primrose Path: The Supreme Court's Repeated, Unexplained, And Still Growing Regulation Of State Courts' Criminal Appeals, Russell M. Coombs

ExpressO

Recently the United States Supreme Court has ruled, in a series of cases beginning with Ornelas v. United States, that decisions of certain mixed questions of federal constitutional law and fact, arising under various amendments, must be reviewed de novo on direct appeal. The Court has not specified that state courts are bound by these rulings, but has used conflicting language relevant to that issue. Faced with this ambiguity, the courts of a number of states have departed from their prior practices by following these rulings, at least some because they consider themselves bound to do so, and have extended …

Embedded Psychology In Mens Rea Determinations: Systematic Differences Between Legal Standards And Reasoning Processes Across Cultures, Justin D. Levinson

ExpressO

The mens rea inquiry asks jurors to determine a defendant’s mental state at a particular moment in time. Social and cultural psychological research, however, suggests that jurors (and people generally) may not understand others’ mental states in ways consistent with legal standards. In this article, the author theoretically and empirically examines (across culture) how jurors understand defendants’ mental states, investigating whether they can apply mental state inquiries in a manner consistent with domestic and international policy goals. After testing several mental state variables, the author finds that the law’s hierarchy of mental states frequently does not match jurors’ psychological processes. …

Textual Harassment: A New Historicist Reappraisal With Gender In Mind, Hila Keren

ExpressO

No abstract provided.

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Cornell Law Faculty Publications

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.

Understanding Tradition, Meir Katz

Cardozo Law Review

No abstract provided.

Textual Harassment: A New Historicist Reappraisal, Hila Keren

ExpressO

This year marks the four hundredth anniversary of the Parol Evidence Rule, the rule that dictates that the interpretation of a written contract should be determined solely according to its text and not influenced by prior contradictory external information. This article uses the occasion to offer a fresh interdisciplinary view of the Rule. The analysis presents a unique contribution to the heated debate regarding the desired levels of formalism and textualism in present-day contract law, by using New-Historicist tools.

Unexplored aspects of the roots of the Rule are illuminated through an in-depth investigation of the first case of the contractual …

Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam

Indiana Journal of Global Legal Studies

No abstract provided.

After Bureaucracy, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

UF Law Faculty Publications

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. This article argues that the Court's suspicions are well founded but that blame for judicial and administrative noncompliance lies with the Court's bifurcated approach to the Takings Clause.

Fearless Speech In The Killing State: The Power Of Capital Crime Victim Speech, Jonathan Simon

North Carolina Law Review

No abstract provided.

Merit And Diversity: The Origins Of The Law School Admissions Test, William P. Lapiana

Saint Louis University Law Journal

No abstract provided.

Vol. 26, No. 13 (April 19, 2004)

Indiana Law Annotated

No abstract provided.

Casablanca: Judgment And Dynamic Enclaves In Law And Cinema, Shulamit Almog, Amnon Reichman

Osgoode Hall Law Journal

By interpreting the narrative and imagery of the film Casablanca, this article seeks to explore the concept of law as enclave. An enclave is a domain-physical, virtual-emotional, conceptual, social or other-defined by certain boundaries and rules of entrance and exit. We argue that Casablanca is about constructing and reconstructing such enclaves. The structure of a pending journey between enclaves organizes the events taking place in Casablanca and constitutes their dynamic nature. Enclaves, we argue, are central to the structure and operation of the law. Recognizing the enclitic nature of law allows us a better grasp of the ethical dimensions of …

Sexual Semiosis, Jane M. Gaines

Duke Journal of Gender Law & Policy

No abstract provided.