Digital Commons Network^™

The Case For The Independent Statehood Of Somaliland, Anthony J. Carroll, B. Rajagopal

American University International Law Review

No abstract provided.

Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson, Jr., Aaron D. Twerski

American University Law Review

No abstract provided.

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.

Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban

American University Law Review

No abstract provided.

The Eclipse Of Reason: A Rhetorical Reading Of Bowers V. Hardwick, Kendall Thomas

Faculty Scholarship

In a careful and compelling reading of the text of the Supreme Court's opinion in Bowers v. Hardwick, Janet Halley provides a meticulous map of the misprisions by which the Hardwick Court "exploit[s] confusion about what sodomy is in ways that create opportunities for the [judicial] exercise of homophobic power." According to Professor Halley, the duplicitous mechanisms the Hardwick Court marshals in reasoning about sodomy entail a mobilization of two "incommensurable articulations": the idea of the sodomitical act, on the one hand, and that of personal identity, on the other.

Professor Halley rightly insists that an anti-homophobic critique …

Grammarians At The Gate: The Rehnquist Court's Evolving "Plain Meaning" Approach To Bankruptcy Jurisprudence, Walter A. Effross

Seton Hall Law Review

No abstract provided.

Federal Recent Developments

American Indian Law Review

No abstract provided.

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

Faculty Scholarship

In this Symposium, feminism has been invited to take a place alongside such well-established disciplines as history, philosophy, and economics in a consolidated exploration of interdisciplinary approaches to law. While sincerely extended – the feminist entry is not the only one that women are writing – and generously unbounded as to scope, ... the invitation raises what for many is a prior question: Is feminism a discipline at all?

As the feminist delegate to this interdisciplinary Symposium, I have therefore taken as my initial task consideration of the issue implicit in the invitation: feminism's credentials as a discipline. I explore …

Cunning Stunts: From Hegemony To Desire A Review Of Madonna's Sex, Katherine M. Franke

Faculty Scholarship

What is sex? Is it an accidental or contingent property that every person can be said to have? I am brunette and female, but the Pope is bald and male. Or, is sex more constitutive, that is, an essential part of who we are? In this respect, the claim is often made that women experience the world ditfierently than men. Or, is sex something we do?

If we consider sex as an adjective, can we or should we be able to manipulate it like a new hair style? Or does the notion of sexual malleability trivialize the significance …

Grammarians At The Gate: The Rehnquist Court's Evolving Plain Meaning Approach To Bankruptcy Jurisprudence, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The (Queer) Revolution Will Not Be Liberalized, Sarah E. Chinn, Kris Franklin

Articles & Chapters

No abstract provided.

Tax Policy And Industrial Policy, Robert Couzin

Canada-United States Law Journal

taxation and industrial policy

Telling The Victim's Story, Mary I. Coombs

Articles

No abstract provided.

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.

The Aspirational Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …

Natural Law Ambiguities, Robin West

Georgetown Law Faculty Publications and Other Works

I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we keep separate the legal "is" from the legal "ought" is a logical prerequisite to meaningful legal criticism, and therefore, in the constitutional context, is a logical prerequisite to meaningful criticism of the Constitution. As Schauer argues, despite the modern inclination to associate positivism with conservatism, the positivist "separation thesis," properly understood, facilitates legal criticism and legal reform, not reactionary acquiescence. If we want to improve law, we must resist the urge to see it through the proverbial rose-colored glasses; we must be clear that a …

Foreword: Health Care Reform In The United States—The Presidential Task Force, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Implementing U.S. Health Care Reform, a symposium held in 1993.

The exact specifications of the new health care system depend on the package that President Clinton will send to Capitol Hill and the changes that Congress will make in the reform package. Some of the basic structures and organizing principles of the new system that are being considered by the President are already the subject of intense public scrutiny.

The design being considered would involve new relations between the federal government and the states, between the public and private sectors, and between …

Identity, Speech, And Equality, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

My experience as a litigator tells me that the First Amendment as provided the most reliable path to success of any of the doctrinal claims utilized by lesbian and gay rights lawyers. Certainly no other block of cases can rival the success rate of the cases seeking recognition and even funding of lesbian and gay student organizations, all of which were brought on First Amendment grounds and ultimately won by plaintiffs.

The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Television In Europe, Eli Noam, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Enslaved To Judicial Supremacy?, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Twelve Letters From Arthur L. Corbin To Robert Braucher Annotated, Joseph Perillo

Faculty Scholarship

No abstract provided.

Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint

Cardozo Law Review

No abstract provided.

A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino

Cardozo Law Review

No abstract provided.

Free Speech And The Cultural Contingency Of Constitutional Categories, Frederick Schauer

Cardozo Law Review

No abstract provided.

The Moment Of Constitutional Opportunity, Marci A. Hamilton

Cardozo Law Review

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.

The Code Of The Moral, Niklas Luhmann

Cardozo Law Review

No abstract provided.

Surprised By Law, Emily A. Hartigan

Faculty Articles

This year’s Association of American Law Schools convention provided a genuinely engaging panel discussion between Michael Sandel and Judge Stephen Reinhardt. Michael Sandel, Harvard philosopher of community and the “encumbered self,” delivered his defense of an ethics of appreciation which goes beyond mere toleration, arguing for honor for persons rather than mere dignity. Reinhardt countered by characterizing Sandel’s stuff as the sort of academic theorizing which has nothing much to do with the world, and raised with almost unconscious elegance the main issue, and a deeply troubling concrete dilemma.

Reinhardt noted that Sandel’s portrait of the person did not work …