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Toward A Multidimensional Model Of Social Interaction As Related To Conflict Resolution Theory, S. Michael Hare

ILSA Journal of International & Comparative Law

One of the themes in the study of social theory, throughout its history, has been the examination of the social forces of agency and structure.

Bibliography Of Hate Materials, Elizabeth Thweatt

Journal of Hate Studies

Interest in working on this bibliography stems from involvement with the Collection Development Committee of the Institute for Action Against Hate at Gonzaga University as we sought to create a collection of materials to support study and research. Not being able to find a bibliography in print suggested that an annotated one would be valuable. Defining hate is problematic. Its scope is so broad that it touches almost all aspects of life and it dwells within the hearts and minds of each one of us. Although many of us cling subconsciously to it, hate harms and sometimes kills its victims. …

The Globalization Of Jurisdiction, Paul Schiff Berman

GW Law Faculty Publications & Other Works

This Article begins by surveying the myriad ways that increasing globalization of communication, travel, and trade, and in particular the rise of the Internet, have forced judges and legal scholars to "adapt" traditional rules for legal jurisdiction to the new economic and social environment. For example, if a person posts content online that is legal where posted but illegal in some place where it is viewed, can that person be subject to suit in the far-off location? How should the International Shoe "minimum contacts" test account for online contacts? Is online activity sufficient to make one "present" in a jurisdiction …

The Cultural Life Of Capital Punishment: Surveying The Benefits Of A Cultural Analysis Of Law, Reviewing Austin Sarat, 'When The State Kills: Capital Punishment And The American Condition', Paul Schiff Berman

GW Law Faculty Publications & Other Works

Austin Sarat's 'When the State Kills' seeks to explore the interrelationship between capital punishment and American culture. Utilizing scholarly approaches drawn from sociology, literary criticism, cultural studies, and political science, Sarat illuminates the ways in which the official legal regime of capital punishment creates, reflects, and reinforces broader cultural attitudes about crime and punishment. Moreover, he argues that the destructive long-term cultural consequences of the death penalty provide a reason for abolition over and above any criminological or doctrinal arguments against the practice.

Thus, 'When the State Kills' not only offers a powerful intervention in the ongoing death penalty debate, …

What Do We Do When We Do Law And Popular Culture, Jessica Silbey

Faculty Scholarship

"What We Do When We Do Law and Popular Culture" establishes a theoretical framework for analyzing legal popular culture, taking as its point of departure Richard Sherwin's book "When Law Goes Pop." The article stresses what Professor Silbey considers to be three major stumbling blocks in the growing interdiscipline of law and popular culture. She argues that if we are to advance our understanding of the relationship between law and popular culture, we must follow at least three simple charges: (1) demarcate our beginning concepts, such as law or culture, so that amidst the vast phenomena that may be called …

Suppose It's Not True: Challenging Mediation Ideology, Deborah R. Hensler

Journal of Dispute Resolution

Across the country, people who file lawsuits are being diverted from adjudication to mediation. Whereas once mediation was seen as the preferred means of resolving family disputes (especially those involving child custody), now it is mandated for a broad range of civil disputes. Whereas once citizens were called upon to volunteer as mediators in community justice centers outside the courts, now mediation is a line of business for lawyers whose customers are sent to them by the courts. Whereas once dispute resolution theorists called on courts to provide a variety of procedural choices for civil disputants, now courts order litigants …

Ngos, Transgenic Food, Globalization, And Conservation, Thomas R. Degregori

Colorado Environmental Law Journal

No abstract provided.

“Democratizing” Globalization: Practicing The Policies Of Cultural Inclusion, 10 Cardozo J. Int'l & Comp. L. 217 (2002), Doris E. Long

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Villanova Law Review (1956 - )

No abstract provided.

Introduction: Theorizing The Connections Among Systems Of Subordination, Nancy Levit

Faculty Works

Theorizing the Connections Among Systems of Subordination introduces a symposium that addresses issues on the leading edge of identity theory, race theory, and critical social theory. It explains the concepts of anti-essentialism, intersectionality, multiple consciousness, multi-dimensionality, and post-intersectionality. It investigates the ways specific types of oppression - such as racism, sexism, classism, and homophobia - support and feed off of one another. It explores the dynamics of subordination that make different forms of subordination connected to each other - the mechanisms by which subordinating systems buttress each other. Where one sees sexism, one frequently can find racism; where classism exists, …

Collateral Damage In The War On Drugs, Graham Boyd

Villanova Law Review (1956 - )

No abstract provided.

The Un-Balanced Fourth Amendment: A Cultural Study Of The Drug War, Racial Profiling And Arvizu, Frank Rudy Cooper

Scholarly Works

In this Article, Professor Frank Rudy Cooper provides a cultural studies approach to the encoding and decoding of the drug war that will allow us to draw important conclusions about the effects of the drug war on the Court. In Part I of this Article, he describes how the field of cultural studies reads popular culture through the analytical tools of "encoding" and "decoding." In Part II, he analyzes why and how law enforcement has encoded the drug war as requiring increased prosecution of drug users and drug dealers. In Part III, he considers how the Court's decoding of law …

Understanding "Depolicing": Symbiosis Theory And Critical Cultural Theory, Frank Rudy Cooper

Scholarly Works

Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom.

Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is especially valuable because her symbiosis theory expands identity theory. Ehrenreich turns our attention to the subjectivities of those who are partly subordinated but mostly privileged-those who accept their own oppression in return for the "compensation" of being able to use the law to subordinate others. Nonetheless, symbiosis theory …

New Voices On The War On Drugs - Foreword, Anne Bowen Poulin

Villanova Law Review (1956 - )

No abstract provided.

Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith

Washington and Lee Law Review

No abstract provided.

The Life Of The Law - A Moving Story, Laura Nader

Valparaiso University Law Review

No abstract provided.

Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law

Michigan Journal of Race and Law

Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.

Articles, Notes And Commentary - Law Review Digests

The Journal of Law and Education

No abstract provided.

Brief Amici Curiae Of Thirty-Three Media Scholars In The St. Louis Video Games Case, With Introduction By Marjorie Heins, Marjorie Heins, Joan E. Bertin

Hofstra Law Review

No abstract provided.

Empirical Work In Family Law, Margaret F. Brinig

Journal Articles

Until fairly recently, researchers have not done much theoretical work on the subject of family law. Although the move towards theoretical work is a positive one, unfortunately, most of the latest reforms in family law have been uninformed by empirical studies. Furthermore, the few empirical studies that have been conducted are replete with intractable problems.

In this essay, Margaret Brinig discusses some of the problems researchers have encountered in their attempts to conduct empirical work in the area of family law. For example, most researchers have used state cross-sectional data for their experiments. Reliance on this type of data can …

On Apology And Consilience, Erin O'Connor

Vanderbilt Law School Faculty Publications

This article chimes in on the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

Bicentennial Man - The New Millennium Assimilationism And The Foreigner Among Us, Lolita Buckner Inniss

Faculty Journal Articles and Book Chapters

No abstract provided.

Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender

Faculty Articles

In the days and weeks following the September 11 terrorist attacks, reports emerged of hate crimes, discrimination, and profiling directed at Arab Americans, Arabs, and Muslims in the United States. Although aware that the primary targets of the public and private response against terrorism were those of Arab or Muslim appearance, I realized that the backlash within the United States also affected Latinas/os and certain other subordinated groups. This Article grew out of my concern that while Latinas/os at first might be deemed "safe" by the American public, their negative societal construction made their targeting inevitable as the fervent, amorphous …

Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang

Faculty Articles

This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …

Ethnography And The Idealized Accounts Of Science In Law, David S. Caudill

San Diego Law Review

n Part I, I confirm the idealizations of science in law and their implications for legal scholarship and practice. In Part II, I describe the ethnographic method used by science studies scholars, with reference to my own ethnographic analysis of interviews with three neuroscientists. I conclude Part II by identifying various social aspects of science that comprise a complex picture of scientific activity. In Part ill, I discuss the implications of ethnomethodology for trial practice, including deposition analysis, Daubert-type hearings, cross-examination techniques, and drafting jury instructions. Part IV addresses anticipated criticisms of my arguments.

A Comment On Race And The Law, Zanita E. Fenton

Articles

No abstract provided.

The International And Comparative Criminal Trial Project, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …

Bicentennial Man -- The New Millennium Assimilationism And The Foreigner Among Us, Lolita K. Buckner Inniss

Publications

No abstract provided.

Engendered By Technologies, Anita Bernstein

North Carolina Law Review

No abstract provided.

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

Articles

This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …