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Articles 1 - 13 of 13
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Review: The Discipline Of Law Schools: The Making Of Modern Lawyers (Philip C. Kissam, Carolina Academic Press, 2003), And The Shame Of American Legal Education (Alan Watson, Ph-Dosije, 2004), James M. Donovan
James M. Donovan
No abstract provided.
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer
Nancy J. Knauer
The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis
Gwendolyn Yvonne Alexis
The last quartile of the 20th Century vastly changed the religio-cultural landscape of the West. Previously the stronghold of Christianity, the West has entered into a period of deep diversity as a result of the unprecedented level of migration of non-Western, non-Christian peoples to western destinations. These new immigrants, with their foreign cultures and unfamiliar religions, came westward with the full expectation that they--like the diverse array of Christian emigrants who migrated westward decades before--would fully enjoy religious liberty in nations long heralded for their commitment to democratic principles and respect for civil rights. How are these immigrants faring on …
Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman
Let's Try Performance-Based Regulation To Attack Our Smoking And Obesity Problems, Stephen D. Sugarman
Stephen D Sugarman
Instead of "command and control" regulation, and instead of litigation, let's try "performance-based regulation" as a way to force enterprises that are responsible for our obesity and smoking problems to solve them.
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Law's Box: Law, Jurisprudence And The Information Ecosphere, Paul D. Callister
Paul D. Callister
For so long as it has been important to know “what the law is,” the practice of law has been an information profession. Nonetheless, just how the information ecosphere affects legal discourse and thinking has never been systematically studied. Legal scholars study how law attempts to regulate information flow, but they say little about how information limits, shapes, and provides a medium for law to operate.
Part I of the paper introduces a holistic approach to “medium theory”—the idea that methods of communication influence social development and ideology—and applies the theory to the development of legal thinking and institutions. Part …
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Jeff L Yates
In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …
The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland
The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland
H. Brian Holland
No abstract provided.
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
David S. Law
This article argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government exacerbates …
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel
David B Kopel
Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …
The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland
The Failure Of The Rule Of Law In Cyberspace? Reorienting The Normative Debate On Borders And Territorial Sovereignty, H. Brian Holland
H. Brian Holland
No abstract provided.
Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara R. Piety
Grounding Nike: Exposing Nike's Quest For A Constitutional Right To Lie, Tamara R. Piety
Tamara R. Piety
This article discusses how Nike's procedural posture in the 2003 Nike v. Kasky case amounted to a request for a constitutional right to lie.
Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman
Making The Food And Beverage Industry Take Responsibility For Reducing Childhood Obesity: A Market-Based Approach To Public Health, Stephen D. Sugarman
Stephen D Sugarman
How we might attack childhood obesity through performance based regulation, requiring food and beverage companies to solve the problem they have created.
Fighting Crime: An Economists View, John Donohue