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How The Boogeyman Saved Brett Kavanaugh, Cathren Page
How The Boogeyman Saved Brett Kavanaugh, Cathren Page
Articles
We love to hate these boogeymen. When the societal narrative creates these invisible boogeymen, people can pour their rage against sexual abuse into these faceless antagonists. At the same time, the enraged survivors and protectors avoid conflicts with family, neighbors, colleagues, and social acquaintances who might actually commit or enable sexual abuse. We can dodge sticky questions regarding how a churchgoer, a judge, or an Ivy Leaguer could have committed a heinous act. The survivors can avoid all the victim-blaming backlash, threats of violence, and invalidation that accompanies reporting a sexual offense. Moreover, having less power on their own, survivors …
Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt
Souring On Lemon: The Supreme Court's Establishment Clause Doctrine In Transition, Roald Y. Mykkeltvedt
Mercer Law Review
In his opinion for the Court in the landmark case of Everson v. Board of Education, Justice Black held that the Establishment Clause of the First Amendment erected a high and impregnable "wall of separation" between church and state. Relying primarily on the writings of James Madison and Thomas Jefferson to discern the intentions of the framers, Justice Black maintained that, at the very least, the establishment proscription meant that
rn]either a state nor the Federal Government .. .can pass laws which aid one religion, aid all religions, or prefer one religion over another .... No tax in any …
Democracy In The Age Of Television, Theodore Y. Blumoff
Democracy In The Age Of Television, Theodore Y. Blumoff
Mercer Law Review
No abstract provided.
Cardozo: A Study In Reputation. By Richard A. Posner, Joseph E. Claxton
Cardozo: A Study In Reputation. By Richard A. Posner, Joseph E. Claxton
Mercer Law Review
Biography, wrote the great American historian Barbara Tuchman, is "a prism of history," useful as a genre of literature because of two factors. First, "biography attracts and holds the reader's interest in the larger subject." Second, in its best form it provides a structure within which intellectual analysis may find parameters that, far from being restrictive, actually provide a necessary channel for bringing the larger subject matter (a subject matter that transcends the life and work of one individual) into perspective. In Tuchman's words:
[Bliography is useful because it encompasses the universal in the particular. It is a focus that …
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
The Third Best Choice: An Essay On Law And History, Theodore Y. Blumoff
Articles
The thesis of this Essay is that our use of history is as essential and unavoidable as conclusive answers are irretrievable. Irretrievability exists whether the historical reality sought results from a survey of traditional historical materials in an effort to recapture original understanding, or from a common-law effort to discover the Court's own history of an issue. In either case, however, the need to attempt to recover historical truths is perceived as essential. I subscribe, for the most part, to the contextualist premise that we cannot recover sufficient historical data on issues that matter to make history determinate in the …