Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

2011

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 8161 - 8165 of 8165

Full-Text Articles in Entire DC Network

Shotguns,Weddings, And Lunch Counters: Why Cultural Frames Matter To Constitutional Law, Anders Walker Jan 2011

Shotguns,Weddings, And Lunch Counters: Why Cultural Frames Matter To Constitutional Law, Anders Walker

All Faculty Scholarship

Though most constitutional scholars celebrate the civil rights movement, few have asked whether and to what extent the movement relates to current efforts of constitutional reform. Yet, the rise of direct action in the 1960s marked a bold realignment of the collective action, social movement frames of the civil rights struggle, a movement that has direct relevance to current constitutional battles, particularly over marriage and guns. As this Article will show, both the constitutional challenge to gun bans in Illinois and the constitutional challenge to California’s same-sex marriage ban have dealt with issues of frame alignment similar to those confronted …

Go to article

The New Common Law Courts, Culture, And The Localization Of The Model Penal Code, Anders Walker Jan 2011

The New Common Law Courts, Culture, And The Localization Of The Model Penal Code, Anders Walker

All Faculty Scholarship

Few tropes in American law teaching are more firmly entrenched than the criminal law division between Model Penal Code and common law states. Yet, even a cursory look at current state codes indicates that this bifurcation is outmoded. No state continues to cling to ancient English common law, nor does any state adhere fully to the Model Penal Code. In fact, those states that adopted portions of the Code have since produced a substantial body of case law – what this article terms “new common law” – transforming it. Taking the controversial position that criminal law pedagogy is antiquated, this …

Go to article

Does It Matter What We Say About Legal Interpretation?, Karen Petroski Jan 2011

Does It Matter What We Say About Legal Interpretation?, Karen Petroski

All Faculty Scholarship

Despite a common interest in justifying their scholarly output, legal academics have resisted seeing how their work is molded by the institutional environment in which it is produced, and not just by legal doctrine, ideology, or individual perspectives. This paper presents a case study from this neglected perspective, considering the shape of scholarship on legal interpretation in light of the social conditions of its production. After a brief discussion of the debates over whether scholarship (and which scholarship) matters, the paper explores how such concerns are addressed in various academic accounts of scholars’ textual practices. It then offers some initial …

Go to article

Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson Jan 2011

Cultural Understandings Of Risk And The Tyranny Of The Experts, Molly J. Walker Wilson

All Faculty Scholarship

Every year, law-makers and agency regulators, with the input of industry experts and scientists, make hundreds of decisions about how to regulate conduct and allocate resources to address various types of risks that threaten the well-being of American citizens. In fact, managing and minimizing risk is one of the most important tasks of today’s policy-makers. In spite of this fact, most actions are taken without systematic consideration of the preferences of the very people whose welfare is at stake. There are two reasons for this. First, the dominance of Traditional Risk Analysis, with its emphasis on statistics and cost-benefit analysis, …

Go to article

Method Matters: Essays On The Interpretation Of The Hebrew Bible In Honor Of David L. Petersen [Review] / Joel M. Lemon And Kent Harold Richards, Eds., Eike Mueller Jan 2011

Method Matters: Essays On The Interpretation Of The Hebrew Bible In Honor Of David L. Petersen [Review] / Joel M. Lemon And Kent Harold Richards, Eds., Eike Mueller

Andrews University Seminary Studies (AUSS)

No abstract provided.

Go to article

First Prev