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Articles 1 - 8 of 8
Full-Text Articles in Law
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday
Jill Elaine Hasday
No abstract provided.
Procedural Extremism, Melissa R. Hart
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger
Linda L. Berger
We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit
Nancy Levit
This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Theorizing And Litigating The Rights Of Sexual Minorities, Nancy Levit
Nancy Levit
One of the best measures of a society is how it treats its vulnerable groups. A central idea in Professor Martha Nussbaum's writings is that all humans "are of equal dignity and worth, no matter where they are situated in society." The strategic challenge in lesbian, gay, bisexual and transgendered (LGBT) rights litigation is how to get courts to see sexual minorities as people worthy of equal dignity and respect. This article focuses on the roles of a positive emotion - love - and a procedural method of proof - science - in the shaping of laws defining the rights …
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Price And Pretense In The Baby Market, Kimberly D. Krawiec
Kimberly D. Krawiec
Throughout the world, baby selling is formally prohibited. And throughout the world babies are bought and sold each day. As demonstrated in this Essay, the legal baby trade is a global market in which prospective parents pay, scores of intermediaries profit, and the demand for children is clearly differentiated by age, race, special needs, and other consumer preferences, with prices ranging from zero to over one hundred thousand dollars. Yet legal regimes and policymakers around the world pretend that the baby market does not exist, most notably through prohibitions against “baby selling” – typically defined as a prohibition against the …
From The Moabite Ruth To Norly The Filipino: Intermarriage And Conversion In The Jewish Nation State, Daphna Hacker
From The Moabite Ruth To Norly The Filipino: Intermarriage And Conversion In The Jewish Nation State, Daphna Hacker
Daphna Hacker
No abstract provided.
Inter-Religious Marriages In Israel: Gendered Implications For Conversion, Children And Citizenship, Daphna Hacker
Inter-Religious Marriages In Israel: Gendered Implications For Conversion, Children And Citizenship, Daphna Hacker
Daphna Hacker
No abstract provided.