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Law

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2009

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Articles 211 - 229 of 229

Full-Text Articles in Arts and Humanities

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi Jan 2009

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

Articles

Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …


The Pace Of International Criminal Justice, Jean Galbraith Jan 2009

The Pace Of International Criminal Justice, Jean Galbraith

All Faculty Scholarship

This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …


Straw, Sand, And Sophistry, Stephen B. Burbank Jan 2009

Straw, Sand, And Sophistry, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri Jan 2009

A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri

All Faculty Scholarship

Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional consideration …


Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller Jan 2009

Policing Politics At Sentencing, Stephanos Bibas, Max M. Schanzenbach, Emerson H. Tiller

All Faculty Scholarship

No abstract provided.


Originalism Is Bunk, Mitchell N. Berman Jan 2009

Originalism Is Bunk, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


Law Across Borders: What Can The United States Learn From Japan?, Eric Feldman Jan 2009

Law Across Borders: What Can The United States Learn From Japan?, Eric Feldman

All Faculty Scholarship

No abstract provided.


Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford Jan 2009

Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford

Book Chapters

Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …


Deceit In War And Trade, William I. Miller Jan 2009

Deceit In War And Trade, William I. Miller

Book Chapters

This chapter offers “a genealogy on deceit in war and trade”. It starts with deceit in Ovid and the Old Testament and works its way all the way up to the present day, considering the deceptions of such famous tricksters as Odysseus, David, the Vikings, Machiavelli, William the Conqueror, even Montaigne. It then considers the practices of some famous deceivers in contemporary business culture, such as Bernie Ebbers, Dennis Koslowski, and Kenneth Lay.


Racial Exhaustion, Darren L. Hutchinson Jan 2009

Racial Exhaustion, Darren L. Hutchinson

Faculty Articles

This Article proceeds in three principle parts. Part II explains the role of rhetoric and narratives in shaping commonly held societal beliefs and argues that racial exhaustion discourse functions as a social script that seeks to portray the United States as a post-racist society. Part II then summarizes the basic content of racial exhaustion rhetoric and identifies five common arguments that have endured across historical contexts, which depict race-based remedies as redundant, taxing, injurious to whites, special handouts to blacks, and futile because law cannot alter racial inequality. Next, Part II examines the political rhetoric employed by nineteenth-century Congressional opponents …


Response To Francis Oakley, Kenneth Pennington Jan 2009

Response To Francis Oakley, Kenneth Pennington

Scholarly Articles

No abstract provided.


Restoration But Also More Justice, Stephanos Bibas Jan 2009

Restoration But Also More Justice, Stephanos Bibas

All Faculty Scholarship

This short essay replies to Erik Luna's endorsement of restorative justice. He is right that the goal of healing victims, defendants, and their families is important but all too often neglected by substantive criminal law and procedure, which is far too state-centered and impersonal. The problem with restorative justice is that too often it seeks to sweep away punishment as barbaric and downplays the need for deterrence and incapacitation as well. In short, restorative justice deserves more of a role in American criminal justice. Shorn of its political baggage and reflexive hostility to punishment, restorative justice has much to teach …


The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan Jan 2009

The Perils Of Forgetting Fairness, Michael B. Dorff, Kimberly Kessler Ferzan

All Faculty Scholarship

No abstract provided.


Time Out, Stephen B. Burbank Jan 2009

Time Out, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman Jan 2009

Law, Society, And Medical Malpractice Litigation In Japan, Eric Feldman

All Faculty Scholarship

No abstract provided.


Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr. Jan 2009

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Reasons: Practical And Adaptive, Joseph Raz Jan 2009

Reasons: Practical And Adaptive, Joseph Raz

Faculty Scholarship

I will consider some of the differences between epistemic reasons and reasons for action, and use these differences to illuminate a major division between types of normative reasons, which I will call ‘adaptive’ and ‘practical’ reasons. A few clarifications of some aspects of the concept of epistemic reasons will lead to a distinction between standard and non-standard reasons (section 1). Some differences between epistemic and practical reasons will be described and explained in section 2, paving the way to generalising the contrast and explaining the difference between adaptive and practical reasons (section 3). sections 4 and 5 further explain and …


Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman Jan 2009

Symposium: Supreme Court Review, Symposium Foreword, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.


Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt Jan 2009

Secularism, Religion, And Liberal Democracy In The United States, Kent Greenawalt

Faculty Scholarship

This essay is divided into three categories: some brief remarks about forms of secularism, an outline of American constitutional law as it relates to religion, and a discussion from the standpoint of political philosophy of the proper place of religion (and other similar perspectives) in making political decisions within liberal democracies. Because the audience for whom the oral comments from which the essay is derived was mainly non-American, the middle part of the essay sets out many propositions familiar to anyone acquainted with this branch of constitutional law. And because of the informal nature of the original presentation, I offer …