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Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs

Articles

In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …

Treating Sexual Harassment With Respect, Anita Bernstein

Faculty Scholarship

No abstract provided.

Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker

Duke Law Journal

No abstract provided.

Identifying Law's Unconscious: Disciplinary And Rhetorical Contexts, David S. Caudill

Washington and Lee Law Review

No abstract provided.

We Are Family: Valuing Associationalism In Disputes Over Children's Surnames, Merle H. Weiner

North Carolina Law Review

No abstract provided.

Law As A Eurocentric Enterprise, Kenneth B. Nunn

Minnesota Journal of Law & Inequality

No abstract provided.

Does Law Need An Analyst? Prospects For Lacanian Psychoanalysis In Law, Richard E. Redding

Washington and Lee Law Review

No abstract provided.

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

How The World Dreams Itself To Be American: Reflections On The Relationship Between The Expanding Scope Of Trademark Protection And Free Speech Norms, Keith Aoki

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Legal Fictions: Copyright, Fan Fiction, And A New Common Law, Rebecca Tushnet

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Existing Indian Family Exception: Denying Tribal Rights Protected By The Indian Child Welfare Act, Wendy Therese Parnell

San Diego Law Review

The Indian Child Welfare Act (ICWA), the author argues, was designed to prevent the removal of Indian children from their tribal culture. This was accomplished by providing minimum standards for removing Indian children from their homes, and by placing removal decisions within tribal jurisdiction. Courts, however, have applied an "existing Indian family" exception to the ICWA. This exception limits the application of the ICWA to cases where the Indian child is to be removed from an "existing Indian family," which excludes many removal cases, such as those where the child does not have a sufficient bond with an Indian parent. …

Where No Man Has Gone Before: Star Trek And The Death Of Cultural Relativism In America, Kenneth Anderson

Book Reviews

This 1997 Times Literary Supplement (London) essay reviews the 1996 Star Trek (Next Generation) film First Contact, along with a book of essays in cultural studies about Star Trek (Taylor Harrison, et al., Enterprise Zones: Critical Positions on Star Trek). Of greatest long term interest in the moral and political philosophy of Star Trek is the so-called Prime Directive - non interference in local culture on local planets. This Vietnam era ethic of cultural relativism was prominent in the original 1960s Star Trek series as much for its assertion as for being regularly violated by Captain Kirk and his crew. …

The Nova Southeastern Lawyer, 1997, Volume 10, Number 2, Nova Southeastern University - Shepard Broad College Of Law

Nova Lawyer

No abstract provided.

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.

Science And International Regulatory Convergence, Jeffery Atik

Northwestern Journal of International Law & Business

National regulation is frequently premised on scientific assump- tions; much of regulatory design is based on scientific findings. Con- sumer product, food and drug and workplace safety standards all depend on a scientific assessment of the risks faced by the public and of the efficacy of an adopted measure in addressing these risks. Build- ing codes, waste disposal protocols and mandated immunization of school children all proceed from the technical recommendations of the scientific community. In current Western society, a regulatory measure lacking a scien- tific basis will be subject to criticism and perhaps ridicule; it may be struck down …

The American Legal Faith: Traditions, Contradictions And Possibilities, David Ray Papke

Faculty Publications

No abstract provided.

Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco

University of Miami Inter-American Law Review

No abstract provided.

Romer V. Hardwick, Janet E. Halley

University of Colorado Law Review

No abstract provided.

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …

Rethinking Equality In The Global Society, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Authors And Users In Copyright, Jane C. Ginsburg

Faculty Scholarship

It has become fashionable, among some thinkers and activists in copyright and related fields, to disparage or to deplore copyright protection. For one drawn to copyright both for its intellectual fascination and its inspiring goals of fostering creativity and protecting authorship, I am distressed to learn that I am among the defenders of a fallen faith, that authors' rights are misguided (if not pernicious) impediments to technological progress, and, worst of all, that copyright blocks freedom of thought and speech in cyberspace. Digital agendas notwithstanding, some of this derogatory discourse is not new; infringers have long found eloquent, if somewhat …

Legislating Virtue: How Segregationists Disguised Racial Discrimination As Moral Reform Following Brown V. Board Of Education, Anders Walker

All Faculty Scholarship

Shortly after the Supreme Court of the United States invalidated school segregation in Brown v. Board of Education,[1] Mississippi Circuit Judge Tom P. Brady [2] delivered a speech to a chapter of the Sons of the American Revolution on the decision’s consequences. Brady’s speech, later published and popularized throughout the South,[3] declared that the ruling’s ultimate goal was not educational equality, but racial amalgamation:[4]

Let’s get one thing unmistakably clear, the leaders of the three million block-voting negroes of the North and East and of California, together with segments of the Communist-front organizations of our population, have set as their …

Migration, Identity & The Colonial Encounter, Tayyab Mahmud

Faculty Articles

The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of identity - the key ideologies of the nation. This article explores these issues by locating them in spatial and temporal sites removed from the common foci of current immigration debates. Using three stories of migration from colonial and postcolonial South Asia, the first part of the article demonstrates that within the general context of empire and imperialism, the determinants and processes of …

The Racialization Of Genomic Knowledge, Lisa C. Ikemoto

Seton Hall Law Review

No abstract provided.

Toward Respectful Representation: Some Thoughts On Selling Same-Sex Marriage, Marc A. Fajer

Articles

No abstract provided.

Legal Fictions: Copyright, Fan Fiction, And A New Common Law, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

A girl owns a number of Barbie dolls. She makes outfits for them and constructs elaborate scenarios in which they play starring roles. She enacts her dramas in her front yard, where passers-by can easily see. Does she violate the law? What if the girl writes down her stories starring Barbie? What happens when she lets her friends read them? What if she e-mails those stories to a Barbie mailing list? What if she posts those stories and a picture of Barbie in her new outfit on her Web page?

Copyright law has long been a concern more for corporations …

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …