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Articles 1 - 7 of 7
Full-Text Articles in Arts and Humanities
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
First Amendment Privacy And The Battle For Progressively Liberal Social Change, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Godsdienst Als Hype, Wouter H. De Been
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
Ian Gallacher
Lawyers have had a long, but ambivalent, relationship with metaphor. Viewed by some as a mere literary device, a trick of language that "adds little of substance to an argument," metaphor is seen by others as an essential component of legal language, a rhetorical device inseparable from thought. On one thing, though, all can agree: lawyers only have words to express their thoughts, so they have an obligation to use words, whether used metaphorically or not, as exactly as possible. This article offers a critique of the way lawyers meet this obligation when they use metaphors based in musical language. …
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
The Count's Dilemma, Or, Harmony And Dissonance In Legal Language, Ian Gallacher
College of Law - Faculty Scholarship
Lawyers have had a long, but ambivalent, relationship with metaphor. Viewed by some as a mere literary device, a trick of language that "adds little of substance to an argument," metaphor is seen by others as an essential component of legal language, a rhetorical device inseparable from thought. On one thing, though, all can agree: lawyers only have words to express their thoughts, so they have an obligation to use words, whether used metaphorically or not, as exactly as possible.
This article offers a critique of the way lawyers meet this obligation when they use metaphors based in musical language. …
Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall
Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy Sepinwall
Amy J. Sepinwall
As a result of the Supreme Court’s decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on ads supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises as well under a regime that allows wealthy individuals to do so. If we are not prepared to limit individuals’ expenditures on political speech, we will have to find a way to distinguish individuals’ and corporations’ free speech …
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer
Nancy J. Knauer
The law occupies a prominent place in the everyday lives of LGBT individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of “legal consciousness” within the LGBT community. Given the importance of law in LGBT lives, it is …