Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 5th amendnment (1)
- Congress (1)
- Constitutional Law (1)
- Constitutional interpretation (1)
- Constitutional law (1)
-
- Constitutional originalism (1)
- Discrimination (1)
- Domestic Relations (1)
- Environmental law (1)
- Executive branch (1)
- Foreign Affairs (1)
- Freedom of Religion (1)
- Gay adoption (1)
- Human Rights Law (1)
- Law and poilitcs (1)
- Lesbian adoption (1)
- Media paratext (1)
- Reasonableness standard (1)
- Religion and the Law (1)
- Sexual identity and the law (1)
- Sexual orientation discrimination (1)
- Standing (1)
- Treaties (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Lest We Be Lemmings, Claire Wright
Lest We Be Lemmings, Claire Wright
Faculty Articles
Lest We Be Lemmings concerns global warming, which is the most grave threat facing humanity today. In this article, I first: (1) discuss how the U.S. Congress and the U.S. Executive Branch, for decades, have been aware of the existence of global warming and its main cause – the burning of fossil fuels and emission of CO2 - but have consistently failed to regulate the fossil fuel industry, reduce the lucrative subsidies that they provide to the fossil fuel industry, and hold the fossil fuel industry responsible for global warming; (2) explain how the fossil fuel industry, for decades, …
Media Paratext And Constitutional Interpretation, Benjamin J. Priester
Media Paratext And Constitutional Interpretation, Benjamin J. Priester
Faculty Articles
In the fields of media studies and fan studies, the concept of paratext is an analytical paradigm for understanding how audiences consume and interpret media texts, such as a novel or movie. Amid today's media-rich society, it is all but impossible to encounter a media text in isolation. Rather, we also invariably interact with a wide variety of associated paratexts, from official materials like trailers or marketing to unofficial materials like reviews or fan reactions, which play a role in shaping our interpretation of the core media text. This concept of media paratext provides a compelling analogy for constitutional interpretation. …
Essay: A Search For Reason In Fairy Tales, John F. Hernandez
Essay: A Search For Reason In Fairy Tales, John F. Hernandez
Faculty Articles
A fairy tale: Once upon at time (not so very long ago), in a land (not so far away) lived a beautiful queen (well, actually a "runner up ") with a golden voice. The beautiful queen reined over her people and sang of sunshine. Some of the queen's subjects had felt that they were not treated fairly by the laws of the land and sought to have their unfair treatment prohibited. Apparently, this caused the queen to develop a fear and hatred for these subjects. These subjects had done nothing to the queen. Yet, the queen made it her mission …
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …