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Articles 721 - 750 of 904
Full-Text Articles in Entire DC Network
The Empire Strikes Back, A. Michael Froomkin
Notes From The Editorial Advisory Board, James Boyd White
Notes From The Editorial Advisory Board, James Boyd White
Articles
The tenth anniversary of this Journal is an occasion not only for celebrating its remarkable achievements, but also for thinking again about the nature and premises of the work it reflects. One way to begin might be with its two central terms, "law" and "humanities" (or the obvious alternative to the second, "literature").
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Articles
The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …
The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr.
The Chrysanthenum, The Sword, And The First Amendment: Disentangling Culture, Community, And Freedom Of Expression, Ronald J. Krotoszynski Jr.
Articles
No abstract provided.
The Gift Of Language, Joseph Vining
The Gift Of Language, Joseph Vining
Articles
Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger
Articles
How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …
Latino And Latina Critical Theory: An Annotated Bibliography Latcrit: Latinas/Os And The Law: A Joint Symposium By California Law Review And La Raza Law Journal: Policy, Politics, And Praxis, Jean Stefancic
Articles
No abstract provided.
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
The Rights Of Legislators And The Wrongs Of Interpretation: A Further Defense Of The Constitutionality Of Legislative Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Law And Iconomics, Jeanne L. Schroeder, David G. Carlson
Law And Iconomics, Jeanne L. Schroeder, David G. Carlson
Articles
Peter Goodrich's Oedipus Lex critically examines the English common law tradition through a psychoanalytic lens, revealing a 'legal unconscious' that underscores deep-seated repressions and contradictions. He argues that common law has historically attempted to exclude imagery and the feminine, yet these elements persist, leading to internal conflicts. By analyzing historical legal texts from the Elizabethan and Jacobean periods, Goodrich exposes violent rhetoric against enemies of the common law, such as Catholics and women, highlighting the law's struggle with its own unconscious structures.
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Articles
No abstract provided.
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Textualism And The Dead Hand Of The Past, Michael W. Mcconnell
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
Why Quine Is Not A Postmodernist, Brian Leiter
Constraint And Confession, Albert W. Alschuler
The Modern Uses Of Ancient Law, Richard A. Epstein
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
The Current Illegitimacy Of International Human Rights Litigation, Jack L. Goldsmith, Curtis A. Bradley
Articles
No abstract provided.
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Who’S Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine M. Plasencia
Articles
This Article examines the treatment of deconstruction in United States judicial opinions.' A handful of cases have directly referred to the French philosopher and literary theorist, Jacques Derrida.2 In each of these cases, the court has rejected Derrida's philosophy, apparently out of a fear that recognition of any legitimacy of Derrida's thoughts would lead to the self-destruction of the legal world. These courts have misunderstood that consideration or recognition of Derrida's philosophy in the legal context would not unavoidably lead to the end of all meaningful legal discourse in the United States. A discussion of these cases will serve as …
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis
Articles
No abstract provided.
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Juno Moneta: On The Erotics Of The Marketplace, Jeanne L. Schroeder
Articles
The article explores how property and the feminine, as legal fictions, facilitate the creation of subjectivity through the lens of Hegelian philosophy and Lacanian psychoanalysis. It critiques the liberal individual as an insufficient concept for subjectivity, arguing that subjectivity is constructed, not natural. The analysis examines how legal frameworks privilege masculine metaphors, such as possession, while repressing feminine ones, and posits that the pursuit of a perfect market represents a destructive ideal that undermines freedom and subjectivity.
Black And White (Book Review), Anthony V. Alfieri
Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic
Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic
Articles
No abstract provided.
Some Doubts On Constitutional Indeterminacy, Richard A. Epstein
Some Doubts On Constitutional Indeterminacy, Richard A. Epstein
Articles
No abstract provided.
Book Review (Reviewing Gilles, Henri, Ed., L'Eglise Et Le Droit Dans Le Midi, 13e-14e Siecles (1994)), Richard H. Helmholz
Book Review (Reviewing Gilles, Henri, Ed., L'Eglise Et Le Droit Dans Le Midi, 13e-14e Siecles (1994)), Richard H. Helmholz
Articles
No abstract provided.
Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner
Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner
Articles
No abstract provided.
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
Articles
No abstract provided.
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
You're My What? -The Problem Of Children's Misperceptions Of Their Lawyers' Roles, Emily Buss
Articles
A lawyer representing seven-year-old James discussed James' options with him at considerable length. She explained to him that he had a number of choices about where he would live, some with family, some in foster care, and she took pains to discuss the likely consequences of each of his choices. James participated actively in the conversation, and had no trouble following the substance of the discussion. At the end of their conversation, the lawyer asked James what option he would like her to pursue. His direction to counsel: "I think I'd like to live with you.
Heidegger And The Theory Of Adjudication, Brian Leiter
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Comment: Between Women/Between Men: The Significance For Lesbianism Of Historical Understandings Of Same-(Male)Sex Sexual Activities, Mary I. Coombs
Articles
No abstract provided.