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Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter Jan 1997

Rethinking Legal Realism: Toward A Naturalized Jurisprudence, Brian Leiter

Articles

No abstract provided.


Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker Jan 1997

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.


Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry Jan 1997

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

Articles

No abstract provided.


Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes Jan 1997

Acts Of Power, Crimes Of Knowledge: Some Observations On Desire, Law And Ideology In The Politics Of Expression At The End Of The Twentieth Century, Francisco Valdes

Articles

No abstract provided.


Introduction Symposium On The Relation Between Scholarship And Teaching: Introduction, Richard Delgado Jan 1997

Introduction Symposium On The Relation Between Scholarship And Teaching: Introduction, Richard Delgado

Articles

No abstract provided.


Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado Jan 1997

Are Hate-Speech Rules Constitutional Heresy A Reply To Steven Gey, Richard Delgado

Articles

No abstract provided.


Polygamy And Same-Sex Marriage, David L. Chambers Jan 1997

Polygamy And Same-Sex Marriage, David L. Chambers

Articles

In the American federal system, state governments bear the responsibility for enacting the laws that define the persons who are permitted to marry. The federal government, throughout our history, has accepted these definitions and built upon them, fixing legal consequences for those who validly marry under state law. Only twice in American history has Congress intervened to reject the determinations that states might make about who can marry. The first occasion was in the late nineteenth century when Congress enacted a series of statutes aimed at the Mormon Church, prohibiting polygamy in the Western territories and punishing the Church and …


Black And White (Book Review), Anthony V. Alfieri Jan 1997

Black And White (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill Jan 1997

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

Articles

The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …


The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis Jan 1997

The Human Constitution And Constitutive Law: A Prolegomenon, John O. Mcginnis

Articles

No abstract provided.


Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs Jan 1997

Towards A Theory Of Law And Entrepreneurship, Steven H. Hobbs

Articles

No abstract provided.


Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz Jan 1997

Scientology In Court: A Comparative Analysis And Some Thoughts On Selected Issues In Law And Religion, Paul Horwitz

Articles

No abstract provided.


Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic Jan 1997

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.


Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic Jan 1997

Needles In The Haystack: Finding New Legal Movements In Casebooks Symposium On The Relation Between Scholarship And Teaching, Jean Stefancic

Articles

No abstract provided.


The Power Of One: How The Individual Activist Can Make A Difference, Henry Spira Oct 1996

The Power Of One: How The Individual Activist Can Make A Difference, Henry Spira

Articles

No abstract provided.


Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon Oct 1996

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Articles

The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased …


Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein May 1996

Why Is This Man A Moderate? (Reviewing William A. Fischel, Regulatory Takings: Law, Economics And Politics (1995)), Richard A. Epstein

Articles

No abstract provided.


The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton May 1996

The Trips Agreement: Imperialistic, Outdated, And Overprotective, Marci A. Hamilton

Articles

According to Professor Hamilton, the TRIPS Agreement constructs international copyright law in the image of Western, Protestant-based capitalist copyright law. She suggests that the Agreement Imposes presuppositions about human value, effort, and reward that contain political, sociological, and legal ramifications. In fact, the Agreement, with its focus upon valuing individual human creative achievement, could spur further developments in Westernbased human rights in the rest of the world. By transplanting Western ideas to the rest of the world, TRIPS may actually encourage anti-authoritarian revolution.

She further suggests that the TRIPS Agreement seeks to establish a free market of intellectual property goods. …


Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri Jan 1996

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.


Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner Jan 1996

Norms, Formalities, And The Statute Of Frauds: A Comment, Eric A. Posner

Articles

No abstract provided.


The Remote Causes Of Affirmative Action, Or School Desegregation In Kansas City, Missouri, Richard A. Epstein Jan 1996

The Remote Causes Of Affirmative Action, Or School Desegregation In Kansas City, Missouri, Richard A. Epstein

Articles

No abstract provided.


Unconditional Relationships, Saul Levmore Jan 1996

Unconditional Relationships, Saul Levmore

Articles

No abstract provided.


The Regulation Of Groups: The Influence Of Legal And Nonlegal Sanctions On Collective Action, Eric A. Posner Jan 1996

The Regulation Of Groups: The Influence Of Legal And Nonlegal Sanctions On Collective Action, Eric A. Posner

Articles

No abstract provided.


Heidegger And The Theory Of Adjudication, Brian Leiter Jan 1996

Heidegger And The Theory Of Adjudication, Brian Leiter

Articles

No abstract provided.


Review Essay: Interrogating Identity, Mary I. Coombs Jan 1996

Review Essay: Interrogating Identity, Mary I. Coombs

Articles

No abstract provided.


On The Expressive Function Of Law Special Reports, Cass R. Sunstein Jan 1996

On The Expressive Function Of Law Special Reports, Cass R. Sunstein

Articles

No abstract provided.


The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld Jan 1996

The End Of The Line: An Empirical Study Of Judicial Waiver, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

Judicial waiver decisions, which affect the most serious or persistent juvenile offenders, require a sentencing policy choice between rehabilitation in juvenile court and punishment in adult criminal court. The judicial waiver policy and processes in Hennepin County MN are analyzed.


Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin Jan 1996

Flood Control On The Information Ocean: Living With Anonymity, Digital Cash, And Distributed Databases, A. Michael Froomkin

Articles

No abstract provided.


Race-Ing Legal Ethics, Anthony V. Alfieri Jan 1996

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.


Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller Jan 1996

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …