Digital Commons Network^™

A Deweyan Perspective On The Economic Theory Of Democracy, Margaret Jane Radin

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Deep Inner Lives, Individualism And People Of Honour, William I. Miller

Articles

With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …

Beauty And The Beast: Physical Appearance Discrimination In American Criminal Trials Comment., David L. Wiley

St. Mary's Law Journal

This Comment considers physical appearance discrimination by jurors in criminal trials. It proposes remedial measures to eliminate discrimination and effectuate the underlying purposes of jury trials. Part II of this Comment examines the psychological process of corporeal attribution and discusses the underlying philosophic dichotomy of image and substance. It surveys the role modern American culture plays in discrimination in the American criminal law system and discusses parallel relationships between race, sex, and physical appearance discrimination. Part IV explores constitutional ramifications of fostering and promoting physical appearance discrimination in criminal trials. Finally, Part V presents remedies designed to ensure criminal defendants …

In Pursuit Of Better Myth: Lawyers' Histories And Histories Of Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the mythologies contemporary lawyers generate in defence of existing professional structures. Drawing on the history of legal professions, the paper engages critically with professional apologetics, from a perspective influenced by diverse contemporary writings on legal professions including those associated with Richard Abel, Terrence Halliday, and others.

Before The Law There Stands A Woman: In Re Taylor V. Butler (With Court-Appointed Yiddish Translator), Jonathan Boyarin

Cardozo Law Review

I begin with a story I heard from my Lower East Side rabbi, Rabbi Singer (because relating Torah in the name of the one who said it is said to help bring redemption), about an Eastern European sage known as the Lemberger Gaon.

Responsible Republicanism: Educating For Citizenship, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The United States Supreme Court has long recognized what none of us can doubt: education is vital to citizenship in a democratic republic. Moreover, because the Court has left open the question whether there might be a constitutional right to a minimally adequate education,3 scholarly commentary has speculated for at least the last decade on possible constitutional bases for such a right. No one, however, has much explored the possible content of a right to education. In particular, there has been little examination of the concrete relationship between education and citizenship. What are the appropriate contours of an education for …

Lacanian Ethics And The Desire For Law, David S. Caudill

Cardozo Law Review

American Critical Legal Studies has its own antinomies, its own indeterminacies, such that it is difficult to talk as though it is a unified position or movement, or even a single methodology or strategy. Generally, however, those who are suspicious of Critical Legal Studies have, from the beginning, aSked how the critical theorist explains his or her own ideology, and the answer is often that ideology is inescapable. Thus the critical project is about disclosure of ideology, not about the claim to know the truth outside ideology.

Toward Gender Equality: The Promise Of Paradoxes Of Gender To Promote Structural Change, Andrea Giampetro-Meyer

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

No abstract provided.

Vol. 44, No. 11, April 4, 1994, University Of Michigan Law School

Res Gestae

•Permanent Public Interest Funding in Doubt •BLSA to Hold Symposium on Civil Rights •First-Year Student Arrested in Dean's Office for Protest •Student Groups Condemn Poster Vandals •LSSS Urges Continued Public Interest Funding •An Open Letter to the Class of 1994 •Soundgarden, NIN: Knights in Black Satin •The Docket •The Wyoming Connection: A Job-Hunting Fiction •Casino Night and Other Sundry Matters •Law in the Raw

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

North Carolina Law Review

No abstract provided.

"Reading At The Limit", Elizabeth Weed

Cardozo Law Review

In the future, when we reflect upon the phenomenon of "postmodernity," we may be most surprised by its permissiveness. Accustomed as we are to the blurring of genres and disciplinary boundaries, we can forget that the disciplinary gates have been open only a few decades and that they may well close again. Of course, philosophers have always moved freely within the discipline of the law; historians and sociologists have had their place; and now, literary critics and feminist theorists move there as well, through Critical Legal Studies (PoL pp. 100-05), feminist studies (PoL pp. 100-03), critical race theory, …

Legal Classics: After Deconstructing The Legal Canon, Francis J. Mootz Iii

Scholarly Works

The debate over the canon has gripped the University in recent years. Defenders of the canon argue that canonical texts embody timeless and universal themes, but critics argue that the process of canonization subordinates certain people and viewpoints within society in order to assert the existence of a univocal tradition. Originating primarily in the field of literary criticism, the canon debate recently has emerged in legal theory.

Professor Francis J. Mootz argues that the issues raised by the canon debate are relevant to legal scholarship, teaching and practice. After reviewing the extensive commentary on the literary canon, Professor Mootz criticizes …

Defining The Scope Of The Constitutional Right To Marry: More Than Tradition, Less Than Unlimited Autonomy, 70 Notre Dame L. Rev. 39 (1994), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws, Peter Siegelman

Faculty Articles and Papers

Reviewing: Richard Epstein, Forbidden Grounds: The Case against Employment Discrimination Laws. Cambridge, Mass.: Harvard University Press, 1991.

Should A U.S. Company Doing Business In The European Union Hire A Cross-Cultural Expert?, Patrick Henning

Graduate Student Dissertations, Theses, Capstones, and Portfolios

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Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this essay will introduce the queer theories underlying my critique and will outline the discrete positioning of lesbian and gay identity and community which labels these cases “victories.” The intersectionality of queer identity is the key blind spot in the litigation model. The queer continuum, a re-conceptualization of Adrienne Rich's lesbian continuum, delineates the spectrum of queer identity. Part II will explore the facts, issues and holdings of these four cases. My examination of these cases will reveal how they grant some rights to “but-for” queers, who, “but-for” their being lesbian or gay, would be “perfect citizens.” …

Wouldn’T You Like To Be An Expert, Too?, Michael S. Ariens

Faculty Articles

It was once an open secret among lawyers that finding an expert to testify on your client’s behalf was one of the easiest aspects of litigating. Lawyers not in possession of private lists of experts easily located persons willing and able to sell their expertise in the back pages of the state bar journal, in advertisements in legal newspapers, and in direct mail appeals from companies whose business is selling expertise. One consequence was that the phrase “a battle of the experts” came about, and people began referring to both lawyers and experts as “hired guns.” Another consequence was a …

Thoughts And Lives. Book Reviews Of Justice Oliver Wendell Holmes: Law And The Inner Self, By G. Edward White; And Learned Hand: The Man And The Judge, By Gerald Gunther, William P. Lapiana

Other Publications

Oliver Wendell Holmes, Jr. and Learned Hand shared a number of characteristics. Both well-known judges, they had uncommonly long careers on the bench and in old age attained a remarkable degree of public prominence. It is not too much to say that the legal profession idolized them both, and certain of their opinions remain staples of law school teaching. Both men even looked the part: Holmes' dramatic moustache and Hand's bushy eyebrows lent credence to the adjective "distinguished." 1 Now they both are the subjects of monumental biographies.

Finite Horizons: The American Family, Margaret F. Brinig

Journal Articles

In the summer of 1992, while I was reading and thinking about Martha Minow's latest book, I was struck with my double role as a responsible adult. Vacationing in the north woods of Wisconsin with my mother, I suddenly needed to care for her as well as my own small children. Generational connections, important before, swelled hugely in crisis. As I caught my breath between hospital runs and kids' activities, I was thankful that I had received so much from my parents during my childhood. And I resolved to rethink the relationships between parents and children, adults and elderly.

Policy …

Reading Poethics, Robert Weisberg

Cardozo Law Review

The advent of law-and-literature scholarship, or at least the pronouncement of Law and Literature as a major new scholarly enterprise, reflects a general tendency in our culture to look to literature as a source of spiritual renewal, as a means of reclaiming a vaguely defined but emotionally evocative legacy. Such a turn to literature for renewal is ironic, since, as Richard Poirier points out, it is literature itself whose internal troubles seem to best reflect the various types of alienation, malaise, and disbelief which are said to distress modern culture. In that regard, it may be more appropriate to look …

The Untermensch As Ubermensch, Paul Campos

Publications

No abstract provided.

Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill

Cardozo Law Review

Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …

Sociology Of Law For A Postliberal Society, Frank Munger

Loyola of Los Angeles Law Review

No abstract provided.

Feminism And Disciplinarity: The Curl Of The Petals, Carol Sanger

Loyola of Los Angeles Law Review

No abstract provided.

The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining

University of Miami Law Review

No abstract provided.

Paradise Lost, Paradox Revisited: The Implications Of Familial Ideology For Feminist, Lesbian, And Gay Engagement To Law, Shelley A. M. Gavigan

Osgoode Hall Law Journal

In this article the author addresses the theoretical and political challenges issued to feminists and feminist scholarship by recent debates and litigation concerning "family" and "family-based" benefits. The argument proceeds in four parts: first, the discussion is relocated within socialist feminist theory. The implications of the qualified pro-family stance in the critiques advanced or influenced by women of colour is considered next, followed by an examination of some proposals to extend the definition of "spouse" and "family" to lesbian and gay relationships. The author is critical of both "critiques" and illustrates with reference to Canadian welfare and immigration law that …

Vol. 43, No. 10, April 5, 1993, University Of Michigan Law School

Res Gestae

•Hungry for Justice, Hungry for Peace •Pro Bono Could Become More than an Option •Page: Tackle Inner City Educational Barriers •Could we Have Been More Diligent? •Gender Journal Responds to RG Article •Rodney King Verdict: Future Legal Repercussions? •Law Students Seek to Add Women to the Walls •Haitian Refugee Problem: A Real-Life Drama •Judge Promotes Equal Rights for Children •Shaw to Attend Conference in South Africa •New Section Grateful for Program •The Docket •In the Line of Fire: A Clerkship •Summer Starters Dominate Moot Court •And Now, a Word on Our Faculty •Law in the Raw

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle

Seattle University Law Review

Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …

The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver

University of Richmond Law Review

The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …