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Full-Text Articles in Law

Solidaridad, Justicia Y Economía Política, Ramiro De Valdivia Cano Jan 2009

Solidaridad, Justicia Y Economía Política, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

El crecimiento económico y los indicadores macroeconómicos no necesariamente coinciden con el desarrollo integral. El Derecho y la política deben priorizar el bien común. Benedicto XVI hace una acertada descripción de las necesidades de justicia y caridad en el mundo, en su Encíclica sobre Caridad y Verdad.


(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney M. Cahill Jan 2009

(Still) Not Fit To Be Named: Moving Beyond Race To Explain Why 'Separate' Nomenclature For Gay And Straight Relationships Will Never Be 'Equal', Courtney M. Cahill

Courtney M. Cahill

This Article provides a novel approach to an issue that has recently assumed national prominence: Whether it is constitutional to extend same-sex couples the substance of marriage but only under a different name, like civil union or domestic partnership. While legal actors have challenged the constitutionality of nominal difference by comparing it to the discredited legal doctrine of separate-but-equal, this Article moves beyond race to show why ‘separate’ names for gay and straight relationships will never be ‘equal,’ namely, because they reflect and perpetuate something that has applied to same-sex intimacy for centuries: a speech or a name taboo. In …


We Don’T Want To Hear It: Psychology, Literature And The Narrative Model Of Judging, Kenworthey Bilz Jan 2009

We Don’T Want To Hear It: Psychology, Literature And The Narrative Model Of Judging, Kenworthey Bilz

Kenworthey Bilz

The “narrative” model of legal judging argues that legal decision makers both do and should render judgments by assembling sensible sto-ries out of evidence (as opposed to using Bayesian-type, linear models). This model is usually understood to demand that before one may judge a situation, one must give the parties the opportunity to tell their story in a manner that invites, or at least allows, empathy from the judger. This Article refers to this as the “inclusionary approach” to the narrative model of judging. Using psychological research in emotions and perspective-taking and the more intuitive techniques of literary criticism, this …


The Word And The State, Hadley Ajana Jan 2009

The Word And The State, Hadley Ajana

Hadley Ajana

J.M Coetzee’s Waiting for the Barbarians has been widely interpreted as a political allegory about the use of torture in a security state. This interpretation, though valid, limits the story’s significance. The novel has a broader theme that transcends apartheid and European colonization of Africa in the twentieth century. Coetzee broadcasts a universal message: when words are divorced from truth, the law will not serve justice. This insight applies to contemporary America’s War on Terror.


Teaching Pronunciation With Facebook And Photobooth, Robert A. Eckhart Dec 2008

Teaching Pronunciation With Facebook And Photobooth, Robert A. Eckhart

Robert A. Eckhart

This article gives details about how to use Facebook and Photobooth to teach pronunciation to non-native English speakers.


Haunted By History's Ghostly Gaps: A Literary Critique Of The Dred Scott Decision And Its Historical Treatments, Allen P. Mendenhall Dec 2008

Haunted By History's Ghostly Gaps: A Literary Critique Of The Dred Scott Decision And Its Historical Treatments, Allen P. Mendenhall

Allen Mendenhall

In his opinion for the majority, Chief Justice Roger B. Taney eliminates Dred Scott the man from the text and divests Scott of a body, thereby transforming him into a sort of incorporeal ghost that signals the traces and tropes of slavery. Subsequent historians, journalists, and politicians have made Scott even more inaccessible by either relying on Taney’s text, which erases Scott, or by failing to recover Scott’s narrative. Taney’s opinion codified “the facts” of the case as official or authoritative despite a lack of reference to their human subject. Later writers relied on this received version despite its obvious …