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The Dark Secret Of Progressive Lawyering: A Comment On Poverty Law Scholarship In The Post-Modern, Post-Reagan Era, William H. Simon

Faculty Scholarship

In 1971, Stephen Wexler argued in "Practicing Law for Poor People" that what poverty lawyers should be doing was, in a word, organizing. I Wexler flaunted a tough-minded disdain, not only for individual claim assertion, but also for the purely individual concerns of particular clients. Instead, he advocated efforts to assist the poor to collective power.

In his 1977 diagnosis of the state of poverty practice, Gary Bellow argued that what legal services lawyers should be doing was "focused case pressure." He proposed aggregating small housing or welfare claims in order to generate pressure on institutions engaged in systemic misconduct …

Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …

Rational Choice At The Office Of Legal Counsel, Nelson Lund

Cardozo Law Review

Discussions of the Attorney General's advisory function, indeed most discussions of the Attorney General's role in general, are carried out in the intellectual shadows cast by two contrasting images. At one extreme, we imagine someone like the man Edward Bates conjured when he said that "the office I hold is not properly political, but strictly legal; and it is my duty, above all other ministers of state, to uphold the law and to resist all encroachment, from whatever quarter, of mere will and power.'' At the other extreme, we think of someone like John Mitchell, who went to prison as …

The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher

Washington Law Review

This essay describes the strategies that sometimes allow me to make sense of the answers that people give to the question Why? when it comes up in scholarly accounts of legal outcomes from the past. The essay is constructive, not deconstructive; programmatic, not polemical. I mean to sketch and recommend a way of thinking about legal history that I call methodological self-consciousness. "Methodological individualism" would be both inaccurate and accurate as a label for the essay's approach to questions of causality. The label is inaccurate, because it fails to express the heavy emphasis that I place on the dialectical relationship …

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 …

The Centrality Of The Peculiar Institution In American Legal Development - Symposium On The Law Of Slavery: Introduction, Paul Finkelman

Chicago-Kent Law Review

No abstract provided.

South Carolina's Largest Slave Auctioneering Firm - Symposium On The Law Of Slavery: Criminal And Civil Law Of Slavery, Thomas D. Russell

Chicago-Kent Law Review

No abstract provided.

The Rights Of The Accused In Saudi Criminal Procedure, Jeffrey K. Walker

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

148th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

148th University of Notre Dame Commencement and Mass Program including Law School awards

Intellectual History, Probability, And The Law Of Evidence, Peter Tillers

Michigan Law Review

A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro

Florida's Constitutional Shield: An Express Right To Be Let Alone By Government And The Private Sector, Scott Denson

Florida State University Law Review

No abstract provided.

Beyond Mataphor: Copyright Infringement And The Fiction Of The Work, Robert H. Rotstein

Chicago-Kent Law Review

No abstract provided.

South Carolina's Largest Slave Auctioneering Firm, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This article presents the original finding that South Carolina's legal system conducted a majority of the state's slave auctions during the antebellum years.Courts conducted slave auctions in several circumstances. Sheriffs sold the property of debtors; and courts also conducted or supervised sales in order to divide estates. Drawing upon extensive empirical analysis of primary sources in various South Carolina archives, this article compares the total number of slaves sold at court-ordered or court-supervised sales with the best empirical estimates for private slave sales - whether at auction or not. The conclusion is that the courts acted as the state's greatest …

Is There A Twenty-Seventh Amendment - The Unconstitutionality Of A New 203-Year-Old Amendment, 26 J. Marshall L. Rev. 977 (1993), Christopher M. Kennedy

UIC Law Review

No abstract provided.

Same-Sex Marriage, Otis R. Damslet

NYLS Journal of Human Rights

No abstract provided.

Comments: The Peremptory Challenge At The Federal Level And In Maryland: Its Uncertain Future After Georgia V. Mccollum, Jeffrey S. Jubera

University of Baltimore Law Review

No abstract provided.

Charles Evans Hughes And The Blaisdell Decision: A Historical Study Of Contract Clause Jurisprudence, 72 Or. L. Rev. 513 (1993), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

Articles

No abstract provided.

Natural Rights, Natural Law, And American Constitutions, Philip A. Hamburger

Faculty Scholarship

Natural rights and natural -law are ideas that frequently seem to have something in common with the elusive shapes of a Rorschach test. They are suggestive of well-defined, recognizable images, yet they are so indeterminate that they permit us to see in them what we are inclined to see. Like Rorschach's phantasm-inducing ink blots, natural rights and natural law are not only suggestive but also indeterminate – ideas to which each of us can plausibly attribute whatever qualities we happen to associate with them. For this reason, we may reasonably fear that natural rights and natural law are ideas often …

Televised Executions And The Constitution: Recognizing A First Amendment Right Of Access To State Executions, John Bessler

All Faculty Scholarship

This article examines the history of public and private executions and the passage of private execution laws. It concludes that existing laws restricting media access to executions – and requiring private executions that exclude television cameras – are unconstitutional. The author examines existing statutory schemes which curtail media access and prohibit the filming of executions, discusses legal challenges to such laws, and explores freedom of the press jurisprudence. In particular, the article analyzes First Amendment case law and right-of-access cases. The author also discusses the Eighth Amendment's relationship to First Amendment case law in the area of media coverage of …

The Protective Power Of The Presidency, Henry Paul Monaghan

Faculty Scholarship

Walter Bagehot's still-admired study of the English Constitution distinguished between its "dignified" and "efficient" parts. Bagehot argued that the English Constitution's "dignified" theory of parliamentary supremacy masked the (then) dominant reality of cabinet government. Attacking what he described as the "literary" theory of the American Constitution, Woodrow Wilson posited a similar distinction. Writing in 1885, Wilson asserted that the "literary" theory of American government embodied in Federalist's "ideal checks and balances of the federal system" obscured its efficient principle: "government by the chairmen of the Standing Committees of Congress." An ardent admirer of ministerial government, Wilson especially lamented the condition …

The Structural Role Of The Bill Of Rights, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.

Abolitionist Political And Constitutional Theory And The Reconstruction Amendments, David A.J. Richards

Loyola of Los Angeles Law Review

No abstract provided.

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie

Too Early For A Requiem: Warren And Brandeis Were Right On Privacy Vs. Free Speech, Ruth Gavison

South Carolina Law Review

No abstract provided.

The American Urge To Censor: Freedom Of Expression Versus The Desire To Sanitize Society - From Anthony Comstock To 2 Live Crew, Margaret A. Blanchard

William & Mary Law Review

No abstract provided.

Law Through A Looking Glass: Our Supreme Court And The Use And Abuse Of The California Declaration Of Rights, The, Ira Reiner, George Glenn Size

McGeorge Law Review

No abstract provided.

Valentine Korah & Warwick A. Rothnie, Exclusive Distribution And The Eec Competition Rules: Regulations 1983/83 & 1984/83, Peter Alexiadis

Fordham International Law Journal

The second edition of Exclusive Distribution is, quite frankly, an indispensable source when reviewing the compatibility of exclusive distribution agreements with Article 85 of the Treaty Establishing the European Economic Community (the "EEC Treaty"). Its indispensability lies, in part, in the fact that distribution issues comprise the vast bulk of an EEC competition practitioner's ongoing antitrust work. The provision of exclusive territories, or the promise to purchase on an exclusive basis are, in turn, the most popular forms of distribution arrangement used in the EEC. The indispensability also lies in the fact that the book manages to cover almost every …

Horacio A. Grigera Naón, Choice-Of-Law Problems In International Commercial Regulation, Joseph T. Mclaughlin

Fordham International Law Journal

In Professor Grigera Naon's latest work, Choice-of-law Problems in International Commercial Arbitration, he attempts to "analyze diverse aspects of international commercial arbitration so as to determine to what extent arbitral tribunals are willing to perform the independent role ascribed to them by lex mercatoria theoreticians, namely, the creation of an autonomous, anational and all-prevailing international commercial law."