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Articles 8131 - 8160 of 10756

Full-Text Articles in Law

The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith Jan 2005

The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I discuss Springsteen's criminals by focusing on two albums, Nebraska and The Ghost of Tom Joad, and Springsteen's title song to the movie soundtrack Dead Man Walking. These are classic albums about criminals and prisoners, and "Dead Man Walkin’" may be one of the best songs ever written about being on death row. Before getting into the music, I first note the historical context - Springsteen's career has taken place during a particularly hostile time for lawbreakers - and offer a brief biographical sketch of Springsteen.


Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr Jan 2005

Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr

American Indian Law Review

No abstract provided.


Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett Jan 2005

Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett

American Indian Law Review

No abstract provided.


Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace Jan 2005

Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace

American Indian Law Review

No abstract provided.


Timeline Of Fr. Laurier Labreche, 1926-2005, Hall & Monagle, Llc Jan 2005

Timeline Of Fr. Laurier Labreche, 1926-2005, Hall & Monagle, Llc

Timelines

No abstract provided.


The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan Jan 2005

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.


The Myth Of Instrumental Rationality, Joseph Raz Jan 2005

The Myth Of Instrumental Rationality, Joseph Raz

Faculty Scholarship

My main aim is to explain the normative character of the phenomena that are commonly discussed when theoretical writers discuss instrumental rationality and instrumental reasons. The discussion will assume that there are forms of practical normativity, of practical reasons, which are not instrumental in nature. The question central to the inquiry is what, if any, normative difference does adopting or having an end make? For example, are there instrumental reasons and, if there are, how do they relate to having ends? Are instrumental reasons distinctive kinds of reasons, whose normativity differs in its underlying rationale from that of, say, moral …


The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman Dec 2004

The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman

Journal of Legal Education

No abstract provided.


Schooling Expectations, James Boyd White Dec 2004

Schooling Expectations, James Boyd White

Journal of Legal Education

No abstract provided.


Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough Dec 2004

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …


Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate Dec 2004

Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's philosophical framework, emphasizing the transition from being and essence to the concept, where the concept represents self-determining being. Hegel's Logic is both a structure of thought and an ontology, illustrating how being evolves through stages such as becoming, quantity, and substance, culminating in the concept. The concept is not a static category but a dynamic, self-sustaining process that encompasses being and essence without being reducible to either. It is immanent in nature, challenging notions of a separate, higher reality.


History, Concepts, And Normativity In Hegel, Dario Perinetti Dec 2004

History, Concepts, And Normativity In Hegel, Dario Perinetti

Cardozo Public Law, Policy & Ethics Journal

The article challenges the perception of Hegel's originality in linking history and logic, arguing that this connection was a common endeavor in the 18th century. It situates Hegel's work within a broader historical context, emphasizing that his contribution lies in his unique conceptual history, which describes how concepts acquire meaning through inferential relations rather than naturalistic or psychological processes. The analysis highlights Hegel's departure from Kant and others, asserting that his logic is both descriptive and normative, offering a non-referential theory of concepts that emphasizes their role in generating logical space.


Ways Of Being Singular: The Logic Of Individuality, Robert Berman Dec 2004

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.


Cognition And Finite Spirit, John W. Burbidge Dec 2004

Cognition And Finite Spirit, John W. Burbidge

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons Dec 2004

Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons

Faculty Scholarship

Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.

No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …


The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald Dec 2004

The Concept And Its Double: Power And Powerlessness In Hegel's Subjective Logic, Lain Macdonald

Cardozo Public Law, Policy & Ethics Journal

The article explores the duality of power and powerlessness in Hegel's Subjective Logic, highlighting the tension between the Concept's absolute power and its susceptibility to powerlessness. Hegel portrays the Concept as an infinitely powerful force that unifies diversity through self-related negativity, yet acknowledges that reason can be powerless when fixated on determinate concepts, leading to one-sidedness. This duality suggests that while reason has the capacity for self-correction, it perpetually confronts the challenge of abstraction and determinateness.


Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni Dec 2004

Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield Dec 2004

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.


The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo Dec 2004

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.


The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson Dec 2004

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.


David B. Heard Re: Permanent Review Board And Judge Anna Martinez, Hall & Monagle, Llc Nov 2004

David B. Heard Re: Permanent Review Board And Judge Anna Martinez, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.


The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski Nov 2004

The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski

History

This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.


Three Concepts Of Church Autonomy, Ronald R. Garet Nov 2004

Three Concepts Of Church Autonomy, Ronald R. Garet

BYU Law Review

No abstract provided.


Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2004

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


The Autonomy Of Church And State, Brett G. Scharffs Nov 2004

The Autonomy Of Church And State, Brett G. Scharffs

BYU Law Review

No abstract provided.


Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck Nov 2004

Dissent And Disestablishment: The Church-State Settlement In The Early American Republic, Carl H. Esbeck

BYU Law Review

No abstract provided.


Letter From David B. Heard To Attorney Luis G. Stelzner [Draft?], Hall & Monagle, Llc Nov 2004

Letter From David B. Heard To Attorney Luis G. Stelzner [Draft?], Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.


Letter From David B. Heard To Attorney Luis G. Stelzner: Recieved, Hall & Monagle, Llc Nov 2004

Letter From David B. Heard To Attorney Luis G. Stelzner: Recieved, Hall & Monagle, Llc

Records related to Judge Anna Martinez

No abstract provided.


Timeline Of Fr. Clive Lynn, Hall & Monagle, Llc Nov 2004

Timeline Of Fr. Clive Lynn, Hall & Monagle, Llc

Timelines

No abstract provided.


2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2004

2004 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti