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Articles 1291 - 1320 of 1579
Full-Text Articles in Entire DC Network
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones
Articles
No abstract provided.
Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.
Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.
Articles
The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.
Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Articles
The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
Articles
The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
State-Interest Analysis And The Channelling Function In Family Law, Carl E. Schneider
Articles
I want to develop some themes I advanced in my article entitled State-Interest Analysis in Fourteenth Amendment "Privacy" Law: An Essay on the Constitutionalization of Social issues. In that article I noted that while courts and commentators have lavished effort on the fundamental-rights side of privacy law, they have scanted the state-interest side, thereby producing crucial weaknesses in that law. I felt that state~interest discussions in privacy cases often seemed to me unsatisfying. This is an attempt to see why. A major difficulty is that states tend to advance and courts tend to accept quite narrow specifications of a statute's …
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Autopoiesis In America, Stephen M. Diamond
Gender Is For Nouns, Richard A. Epstein
Relative Preferences, Richard H. Mcadams
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner
Articles
No abstract provided.
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Intellectual Voyeurism In Legal Scholarship, Brian Leiter
Articles
No abstract provided.
Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker
Enterprise And American Law: 1836-1937. By Herbert Hovenkamp (Book Review), Kunal Parker
Articles
No abstract provided.
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Outsider Scholarship: The Law Review Stories, Mary I. Coombs
Articles
No abstract provided.
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
The Politics Of Women's Wrongs And The Bill Of 'Rights': A Bicentennial Perspective, Mary E. Becker
Articles
No abstract provided.
Stances, Anthony V. Alfieri
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones
Articles
No abstract provided.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
Rodrigo's Second Chronicle: The Economics And Politics Of Race 1993 Survey Of Books Relating To The Law, Richard Delgado
Rodrigo's Second Chronicle: The Economics And Politics Of Race 1993 Survey Of Books Relating To The Law, Richard Delgado
Articles
No abstract provided.
The Inward Turn In Outsider Jurisprudence, Richard Delgado
The Inward Turn In Outsider Jurisprudence, Richard Delgado
Articles
No abstract provided.
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
United States V. United States: When Can The Federal Government Sue Itself?, Michael E. Herz
Articles
No abstract provided.
The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss
The Law And Economics Of Racial Discrimination In Employment: The Case For Numerical Standards, David A. Strauss
Articles
No abstract provided.
Deconcentrating The Inner City Poor, Michael H. Schill
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Justice By Geography: Urban, Suburban, And Rural Variations In Juvenile Justice Administration, Barry C. Feld
Articles
Despite statutes and rules of statewide applicability, juvenile justice administration varies consistently with urban, suburban, and rural social structure and context. In urban counties, which are more heterogenous and diverse, juvenile justice intervention is more formal, bureaucratized, and due process-oriented. Formality is associated with greater severity in pre-trial detention and sentencing practices. By contrast, in more homogeneous and stable rural counties, juvenile courts are procedurally less formal and sentence youths more leniently. The Article explores the implications of "justice by geography" for juvenile justice policy.
Public Prosecution And Hydro-Engineering, Michael Tonry
Public Prosecution And Hydro-Engineering, Michael Tonry
Articles
There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy
Articles
No abstract provided.
Legal Education: An Illusion, Judith T. Younger
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.