Arts and Humanities Commons^™

The Normativity Of Law In Law And Economics, Péter Cserne

Péter Cserne

This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …

“El Franquismo, ¿Un Regimen Homosexual?” (Translation, Adaptation, And Revision Of “Franco’S Spain, Queer Nation?”), Gema Pérez-Sánchez

Gema Pérez-Sánchez

No abstract provided.

Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

At a time when the nation needs people who could keep alive the secular conscience of Gujarat, the passing away of Thakor Shah on April 10, 2004 in Vadodara due to massive heart attack has come as a big jolt. He died while participating in the meeting of the network of social movements in Gujarat. Of the 76 years he lived, he spent over 60 years in public life, making personal sacrifices, fearlessly withstanding all attacks – physical and political – in his incessant struggle for organising working masses for their rights and justice. His life was a political journey …

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Amilcar Shabazz

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture. The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

Guilds, Laws, And Markets For Manufactured Merchandise In Late-Medieval England, Gary Richardson

Gary Richardson

The prevailing paradigm of medieval manufacturing presumes guilds monopolized markets for durable goods in late-medieval England. The sources of the monopolies are said to have been the charters of towns, charters of guilds, parliamentary statutes, and judicial precedents. This essay examines those sources, demonstrates they did not give guilds legal monopolies in the modern sense of the word, and replaces that erroneous assumption with an accurate description of the legal institutions underlying markets for manufactures in medieval England.

Female And Male Student Athletes' Perceptions Of Career Transition In Sport And Higher Education: A Visual Elicitation And Qualitative Assessment, C. Keith Harrison

Dr. C. Keith Harrison

The termination of a collegiate athletic career is inevitable for all student athletes. The purpose of this study was to explore student athletes’ perceptions of the athletic career transition process. One-hundred-andforty- three (n = 143) National Collegiate Athletic Association (NCAA) Division II student athletes were administered the Life After Sports Scale (LASS) designed by the authors. The LASS is a 58-item mixed method inventory. The scope of this inquiry explored the qualitative section, which examined participants’ perceptions that were visually primed with a narrative description of a student athlete who made the transition out of collegiate sport successfully. Three major …

College Students' Perceptions, Myths, And Stereotypes About African American Athleticism: A Qualitative Investigation, Keith Harrison

Dr. C. Keith Harrison

Examining the ‘natural’ athlete myth and utilizing the recent literature on cultural/social factors in athleticism, this study through survey research examines the myth of the ‘natural’ African American athlete. Participants consist of 301 university students from a large, traditionally White, midwest institution. The primary research question is to determine the attitudes of college students in terms of how they perceive the success of the African American athlete in certain sports. The purpose is to assess participants’ perceptions of the African American athlete and their opinion as to whether or not African American athletes are superior in certain sports (football, basketball, …

"Veiligheid En Grondrechten. Het Belang Van Een Evenwichtige Privacypolitiek, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Veiligheid krijgt een centrale plaats in het politiek beleid van de eeuwwisseling. In onze risicomaatschappij is veiligheid het rechtsgoed bij uitstek geworden dat via het recht moet worden beschermd. De wetgever produceert een bijna eindeloze stroom nieuwe wetsvoorstellen en wijzigingsvoorstellen van oude wetten, en in de toelichting op die voorstellen is altijd wel ergens het thema van de (on)veiligheid te vinden als reden waarom die wijziging noodzakelijk is. Gevolg is dat de rechtsbescherming van de burger het vaak moet ontgelden, opgeofferd aan de veiligheid van het (potentiële) slachtoffer, de enige die er soms beter van wordt. Deze tendens is bepaald …

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

Mark Fenster

The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster

Mark Fenster