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Articles 1 - 9 of 9

Full-Text Articles in Law

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …


'Descriptive Normativity': Kelsen's Sollsatz In The Light Of Some Later Theories, Uta Bindreiter Dec 2000

'Descriptive Normativity': Kelsen's Sollsatz In The Light Of Some Later Theories, Uta Bindreiter

Uta Bindreiter

No abstract provided.


Rättspositivism, Uta Bindreiter Dec 2000

Rättspositivism, Uta Bindreiter

Uta Bindreiter

Course literature


Presupposing The Basic Norm, Uta Bindreiter Dec 2000

Presupposing The Basic Norm, Uta Bindreiter

Uta Bindreiter

No abstract provided.


Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.


Sati, Louise Harmon Dec 2000

Sati, Louise Harmon

Louise Harmon

No abstract provided.


"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon Dec 2000

"True Human Community": Catholic Social Thought, Aristotelian Ethics, And The Moral Order Of The Business Company, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit Dec 2000

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Nancy Levit

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …


A Era Pós-Napster, Ivo T. Gico Dec 2000

A Era Pós-Napster, Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo analisa questões referentes à divugação não autorizada de obras artísticas pela internet e os problemas enfrentados pela indústria fonográfica, contrastando o direito ao acesso à informação, controle e seu papel fundamental na construção de uma democracia. The article examines issues relating to unauthorized disclosure of artistic works on the Internet and the problems faced by the music industry, opposed by the access to information rights, control and its fundamental role in the building of a democracy.