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Articles 1591 - 1620 of 1852
Full-Text Articles in Entire DC Network
A Conversation With Mr. Dysart, Richard Dysart, Paul Joseph
A Conversation With Mr. Dysart, Richard Dysart, Paul Joseph
Nova Law Review
No abstract provided.
Bad Lawyers In The Movies, Michael Asimow
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner
Articles
Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.
Languages Of A Divided Kingdom: Logic And Literacy In The Writing Curriculum, 34 J. Marshall L. Rev. 49 (2000), Joel R. Cornwell
Languages Of A Divided Kingdom: Logic And Literacy In The Writing Curriculum, 34 J. Marshall L. Rev. 49 (2000), Joel R. Cornwell
UIC Law Review
No abstract provided.
An Observation And A Strange But True 'Tale': What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture?, Paul Schiff Berman
An Observation And A Strange But True 'Tale': What Might The Historical Trials Of Animals Tell Us About The Transformative Potential Of Law In American Culture?, Paul Schiff Berman
GW Law Faculty Publications & Other Works
Few would dispute that law and legal procedures lie at the core of American self-identity and are woven deeply into the fabric of our culture. Indeed, our nation's faith in law has frequently been the subject of criticism. Most recently, self-proclaimed "communitarian" commentators have warned that our insistence on legal solutions is encouraging us to become a society of litigants whose attachment to "rights talk" and legal battles is thwarting our ability to reach consensus on social issues or instill shared values in our communities. While there are many possible responses to such a critique, this Essay offers one that …
Cultural Resistance To Global Governance, Joel Richard Paul
Cultural Resistance To Global Governance, Joel Richard Paul
Michigan Journal of International Law
This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …
The Trial Of President William Jefferson Clinton: "Impartial Justice," The Court Of Impeachment And Ranked Vignettes Of Praiseworthy Senatorial Rhetoric, Robert F. Blomquist
The Trial Of President William Jefferson Clinton: "Impartial Justice," The Court Of Impeachment And Ranked Vignettes Of Praiseworthy Senatorial Rhetoric, Robert F. Blomquist
Marquette Law Review
No abstract provided.
Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert
Knowledge, Identity, And The Politics Of Law, Margaret Davies, Nan Seuffert
UC Law SF Journal on Gender and Justice
As indicated by the title, our primary question concerns the relationship of situated knowledges, identity politics and the political dimension of law. The term "situated knowledges" refers broadly to issues raised in feminist epistemology: how do oppressed groups experience the world differently to the dominant perspective, what is the relationship between different knowledge bases and what is the epistemological significance of "the view from below?" "Identity politics" is a term which has been used to describe political coalitions formed primarily around politically-charged identities. It has been used to indicate, for instance, that identification as a "feminist" or as a "lesbian" …
Retelling Good Governance Narratives On Africa's Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James Thuo Gathii
Retelling Good Governance Narratives On Africa's Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James Thuo Gathii
Villanova Law Review (1956 - )
No abstract provided.
Globalization Of Culture, Gary Minda
Globalization Of Culture, Gary Minda
University of Colorado Law Review
No abstract provided.
Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth
Women Defenders On Television: Representing Suspects And The Racial Politics Of Retribution, Joan W. Howarth
Scholarly Works
This Essay is about Ellenor Frutt, Annie Dornell, Joyce Davenport, and other women criminal defense attorneys of prime time television. It examines how high-stakes network television presents sympathetic stories about women working as criminal defense attorneys while simultaneously supporting the popular thirst for the harshest criminal penalties. Real women who choose to represent criminal defendants are fundamentally out of step with angry and unforgiving attitudes toward crime and criminals. Indeed, women defenders have chosen work that puts them in direct opposition to the widespread public willingness to incarcerate record numbers of Americans, often young African-American and Latino men, for longer …
Reflections On Blackcrit Theory: Human Rights, Hope Lewis
Reflections On Blackcrit Theory: Human Rights, Hope Lewis
Villanova Law Review (1956 - )
No abstract provided.
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Cleveland State Law Review
This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
Fordham Urban Law Journal
The article begins by exploring America's current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia's opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then …
Theory Minimalism, Stanley Fish
Theory Minimalism, Stanley Fish
San Diego Law Review
We must begin with a sense of what theory is, and I shall derive mine from a question Herbert Wechsler often put to his students. "Ask yourself," he would say, "'Would I reach the same result if the substantive interests were otherwise?"" The challenge of the question is to the student who has determined where the right lies in a disputed matter, and who now must demonstrate that, even if every circumstantial particular of the case were varied-if the plaintiff were a woman instead of a man, if the object of hate speech was a descendant of someone who came …
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
All Faculty Publications
This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …
The Importance Of Being Biased, Anthony M. Dillof
The Importance Of Being Biased, Anthony M. Dillof
Michigan Law Review
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of biascrime law. Even the federal government, which may consider itself without power to enact a general bias-crime law, has made bias a sentence-aggravating factor for the range of federal criminal offenses. Bias-crime laws thus are an established feature of the legal landscape. Against this background, Frederick …
Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan
Rational Recreation And The Law: The Transformation Of Popular Urban Leisure In Victorian England , Rachel Vorspan
Faculty Scholarship
In this article, Rachel Vorspan investigates the complex role played by the courts in the social and cultural transformation of Victorian England. Through focusing on judicial rulings in the recreational as well as political and industrial contexts she explains how the English judiciary played an important function in "rationalizing" the major institutions and practices of urban leisure
Orwell Versus Huxley: Economics, Technology, Privacy, And Satire, Richard A. Posner
Orwell Versus Huxley: Economics, Technology, Privacy, And Satire, Richard A. Posner
Coase-Sandor Institute for Law & Economics Research Paper Series
Orwell's novel Nineteen Eighty-Four and Huxley's novel Brave New World have often been thought prophetic commentaries on economic, political, and social matters. I argue, with particular reference to the supposed applicability of these novels to issues of technology and privacy, that the novels are best understood as literary works of art, rather than as social science or commentary, and that when so viewed Orwell's novel in particular reflects a dissatisfaction with everyday life and a nostalgia for Romantic values.
Role Of Culture In Psychology: A Look At Mental Illness And The Cultural Defense, The, Nicole A. King
Role Of Culture In Psychology: A Look At Mental Illness And The Cultural Defense, The, Nicole A. King
Tulsa Journal of Comparative and International Law
No abstract provided.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry
Indiana Law Journal
No abstract provided.
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald L. Beschle
Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, Donald L. Beschle
Notre Dame Law Review
No abstract provided.
Some Critical Thoughts On Critical Race Theory, Douglas E. Litowitz
Some Critical Thoughts On Critical Race Theory, Douglas E. Litowitz
Notre Dame Law Review
No abstract provided.
Advising Clients To Apologize, Jonathan R. Cohen
Advising Clients To Apologize, Jonathan R. Cohen
UF Law Faculty Publications
The article argues that lawyers should consider the possibility of advising clients to apologize for harms they commit, as in some cases apology may best serve their client's interests. The articles discusses some of the pros and cons to apology in the legal setting, as well as barriers that may inhibit apologies.
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Modes Of Law: Music And Legal Theory - An Interdisciplinary Workshop Introduction, Desmond Manderson, David Caudill
Cardozo Law Review
No abstract provided.
Vol. 16, No. 13 (April 19, 1999)
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recenlty received by Michigan Law Review.
Conventional Wisdom: The Courtroom Trial In American Popular Culture, David Ray Papke
Conventional Wisdom: The Courtroom Trial In American Popular Culture, David Ray Papke
Marquette Law Review
No abstract provided.
Note, A Birthright Rearticulated: The Politics Of Bilingual Education, Nirej S. Sekhon
Note, A Birthright Rearticulated: The Politics Of Bilingual Education, Nirej S. Sekhon
Faculty Publications By Year
This Note addresses Proposition 227, California's recently enacted voter initiative banning bilingual education in public schools. Nirej Sekhon argues that the proposition functions rhetorically as a racially inflected exhortation to nonwhite peoples in the United States. The proposition equates American identity with white identity by claiming English as the birthright privilege of white Americans. As such, the proposition is continuous with the history of language and education politics in the United States. The author concludes by sketching the broad challenge that his analysis poses to current legal mechanisms.