Digital Commons Network^™

Jurors' Perceptions Of Gender-Biased Linguistic Differences, Monica Hersh Khetarpal Sholar

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

No abstract provided.

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

Buffalo Law Review

No abstract provided.

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

ExpressO

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. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

Comparative Constitutionalism In A New Key, Paul W. Kahn

Michigan Law Review

Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …

Lacan And The Discourse Of Science In Law, David S. Caudill

Cardozo Law Review

No abstract provided.

Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng

Cardozo Law Review

No abstract provided.

Reflections On The Traditional Knowledge Debate, Shubha Ghosh

Cardozo Journal of International and Comparative Law

The article argues that the traditional knowledge debate is a continuation of historical tensions between the Global North and South, centered on ownership and control of resources. These tensions manifest in intellectual property (IP) law, particularly in the clash between market culture and communitarian, gift-based cultures. The author emphasizes that while IP law is often seen as a tool for commodification, it can also serve strategic purposes, such as fostering domestic industry and promoting sovereignty, especially through the flexible framework provided by the TRIPS Agreement.

Law And Cultural Conflict, Robert Post

Chicago-Kent Law Review

The relationship between law and cultural conflict is a subject that is relevant to numerous contemporary disagreements about the substance of rights. The Article does not attempt to intervene into these disagreements, but instead to construct a common framework of analysis that might facilitate constructive dialogue among those who would otherwise disagree. The framework offers three dimensions in which the relationship of law to cultural conflict might be assessed.

The first dimension concerns the sociological relationship between law and culture. The simplest model of this relationship, which the Article calls the "Devlin model," assumes that law is the expression of …

Afterword: Toward Stable Principles And Useful Hegemonies, Gregory C. Pingree

Chicago-Kent Law Review

No abstract provided.

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

Inside Unlv, Gian Galassi, Richard Morgan, Carol C. Harter

Inside UNLV

No abstract provided.

Retrying Race, Anthony V. Alfieri

Michigan Law Review

This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal meaning of that resurgent prosecution. My hope in pursuing this inquiry is to better understand, and perhaps begin to refashion, the prosecutor's redemptive role in cases of racial violence. Both descriptive and prescriptive in nature, the inquiry addresses race in relation to law and community. Grappling with …

Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng

Cardozo Law Review

No abstract provided.

Law Without Law, Or Is "Chinese Law" An Oxymoron?, Teemu Ruskola

William & Mary Bill of Rights Journal

No abstract provided.

Reflections On The Killing State: A Cultural Study Of The Death Penalty In The Twentieth Century United States, Dwight Aarons

Scholarly Works

No abstract provided.

The Postwar Consumer As Feminized Legal Subject, Andrea Mcardle

Publications and Research

No abstract provided.

Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

Recent Supreme Court decisions such as Atkins v. Virginia and Lawrence v. Texas specifically address the linkages between shifting cultural attitudes and the evolution of law. In this Article, I examine the mutually constitutive relationship between legal and cultural developments from a historical perspective and illustrate the necessity of looking to sources that I define as outlaw texts in order to access invaluable information about the process of legal change.

To demonstrate how a study of outlaw texts can enrich our understanding and critical consideration of law and legal history, this Article presents detailed analyses of specific examples of nineteenth-century …

Volume 70

Tennessee Law Review

No abstract provided.

Declaring War On The Japanese Constitution: Japan's Right To Military Sovereignty And The United States' Right To Military Presence In Japan, Derek Van Hoften

UC Law SF International Law Review

An analysis of the Japanese military and its relationship with the United States military necessarily involves an analysis of historical events, legal issues and international law. Specifically, it involves a detailed examination of the United States' post-war occupation of Japan and the new U.S.-drafted Japanese constitution that followed; of the intricacies of that constitution, including its renunciation of the right to belligerency or to maintenance of armed forces; of internal and external pressures to amend or reinterpret that constitution; of practical realities such as diplomacy, self defense and economic growth; of the legitimacy of a document called a constitution, for …

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Scholarly Works

This Article investigates why the enforcement of a given legal doctrine may vary with changes in the cultural context in which it is applied. It argues that officials apply the law along an "enforcement practices continuum" in accord with changes in the prevailing articulations of the meaning of cultural identity norms associating particular groups with crime.

Terry v. Ohio doctrine allows police officers to make "stops" and "frisks" of limited scope upon reasonable suspicion of crime rather than requiring the higher standard of probable cause. The Article contends the officer discretion resulting from this "scope continuum" approach permits cultural identity …

Bête Noire: How Race-Based Policing Threatens National Security, Lenese C. Herbert

Michigan Journal of Race and Law

This Article asserts that race-based policing, enabled and exacerbated by race-blind judicial review, creates an ire with a purpose that promises, especially after September 11, to make us all less safe. The illegitimate marginalization of American citizens aggravates an already alienated population and primes them for cooperation with those who seek to harm the United States. Race-based policing guts the expectation of fair-dealing, legitimacy, and justice in the criminal justice system, creating marginalized populations, especially of African Americans. Lack of judicial redress in the face of such policing irrevocably stains already beleaguered African Americans (and others so policed) as inferior …

Towards A New Scholarship For Equal Justice, James S. Liebman

William Mitchell Law Review

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice--as distinguished from scholarship about that topic--I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own work and that of …

Retrying Race, Anthony V. Alfieri

Articles

No abstract provided.

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

Norms And Criminal Law, And The Norms Of Criminal Law Scholarship, Robert Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

United States V. Arvizu: Investigatory Stops And The Fourth Amendment, Jennifer Pelic

Journal of Criminal Law and Criminology

No abstract provided.

Defending The First In The Ninth: Judge Alex Kozinski And The Freedoms Of Speech And Press, Clay Calvert, Robert D. Richards

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Resisting Culture, Joel R. Paul

Faculty Scholarship

No abstract provided.

Class And Status In American Law: Race, Interest, And The Anti-Transformation Cases, Martha R. Mahoney

Articles

No abstract provided.

Bringing Cultural Practice Into Law: Ritual And Social Norms Jurisprudence, Andrew J. Cappel

Santa Clara Law Review

No abstract provided.