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Articles 1 - 30 of 32
Full-Text Articles in Law
An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers
An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers
Books
This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:
- What should the aims of universities be, given their changed demography?
- How should university curricula reflect multicultural society?
- Does the new environment require special treatment of campus speech?
- What role should affirmative action play in promoting diversity or community in the academy?
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder
Michigan Law Review
Property was dead, to begin with. The coroner, Wesley Newcomb Hohfeld, revealed that the unity, tangibility, and objectivity of property perceived by our ancestors was a phantom. Property is, in fact, merely a "bundle of sticks." When conceptualized as a collection of rights, property loses its distinctive qualities and its essence. It therefore does not, or at least should not, exist. Without unity and physicality, property loses its objectivity and can only be a myth. The rabble might still believe in the old gods of property, but the educated "specialists" now know that this was vulgar superstition. Once the populace …
How To Prevent Another Larsen Affair, Bruce Ledewitz
How To Prevent Another Larsen Affair, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
A More Democratic Liberalism, Joshua Cohen
A More Democratic Liberalism, Joshua Cohen
Michigan Law Review
A Review of Political Liberalism
West On Story And Theory, L. H. Larue
West On Story And Theory, L. H. Larue
Michigan Law Review
A Review of Narrative, Authority, and Law by Robin West
The Anatomy Of Antiliberalism, Jeffrey R. Costello
The Anatomy Of Antiliberalism, Jeffrey R. Costello
Michigan Law Review
A Review of The Anatomy of Antiliberalism by Stephen Holmes
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Michigan Law Review
A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick
Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins
Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Punishment Most Cruel, Bruce Ledewitz
Punishment Most Cruel, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Objectivity In Legal Judgement, Heidi Li Feldman
Objectivity In Legal Judgement, Heidi Li Feldman
Michigan Law Review
This essay unites the philosophical concern with blend concepts and the legal concern with objectivity. Comparing blend legal concepts with other kinds of blend concepts develops our resources for ascertaining the distinctive characteristics of blend concepts. Cultivating a more refined understanding of blend concepts sharpens our inquiry into objectivity. In Part I of this essay, I explicate the distinctive characteristics of blend concepts, demonstrating that some representative legal concepts, drawn from tort law, possess these characteristics. In Part II, I develop a conception of objectivity suitable for blend judgments - the blend conception of objectivity - and use this conception …
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Transcendental Deconstruction, Transcendent Justice, J. M. Balkin
Michigan Law Review
A meaningful encounter between two parties does not change only the weaker or the stronger party, but both at once. We should expect the same from any encounter between deconstruction and justice. It might be tempting for advocates of deconstruction to hope that deconstruction would offer new insights into problems of justice, or, more boldly, to assert that "the question of justice" can never be the same after the assimilation of deconstructive insights. But, as a deconstructionist myself, I am naturally skeptical of all such blanket pronouncements, even - or perhaps especially - pronouncements about the necessary utility and goodness …
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Constitution Of Conscience, Steven L. Winter
The Constitution Of Conscience, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Rediscovering Thomas Paine, Richard B. Bernstein
Rediscovering Thomas Paine, Richard B. Bernstein
Articles & Chapters
No abstract provided.
One Size Fits All, Steven L. Winter
One Size Fits All, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Values, Pierre Schlag
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Justice Robert H. Jackson's opening statement at the Nuremberg trial has justly been characterized as one of the greatest orations in modern juristic literature. Yet behind its rhetorical power lies a fervent anxiety: a desire to silence the skeptical voices whispering that the Nuremberg trials were just the tarted-up revenge to which Camus alludes.
Schopenhauer's Theory Of Justice, Raymond B. Marcin
Schopenhauer's Theory Of Justice, Raymond B. Marcin
Scholarly Articles
This Article first delves briefly into Schopenhauer's life story. Then Schopenhauer's place in the line of Western philosophers is examined, particularly his positioning with respect to Kant and Hegel. Then follows an inquiry into the metaphysical bases of Schopenhauer's theory of justice, the theory of justice proper, and a discussion of some of its implications for the human condition. Interspersed throughout are analyses of the relationships between Schopenhauer's thought and contemporary quantum physics on the one hand, and Eastern philosophical approaches and understandings on the other. Because Schopenhauer's theory of justice is an ontology, there is a need throughout much …
The Democratic Entitlement, Thomas M. Franck
The Democratic Entitlement, Thomas M. Franck
University of Richmond Law Review
Elsewhere, writing in January, 1992, I indicated my belief that we are witnessing "the emergence of a community expectation: that those who seek the validation of their empowerment" must "patently govern with the consent of the governed. Democracy, thus, is on the way to becoming a global entitlement, one that increasingly will be promoted and protected by collective international processes.."
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part Ii, Richard F. Devlin Frsc
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part Ii, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …
Mapping Legal Theory, Richard F. Devlin Frsc
Mapping Legal Theory, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In this essay, the author briefly outlines recent trends in Canadian jurisprudence. Beginning with a brief overview of the classical jurisprudential debate between natural lawyers, legal positivists, and legal realists, the author then provides an introduction to a new theoretical tradition which he terms "Artifactualism", as well as a survey of contemporary ''Artifactualist Jurisprudence". He argues that there has been a significant theoretical shift away from the classical conceptualization of law as morality (as embodied in natural law, and challenged by legal posltlvism and legal realism), toward the conceptualization of law as politics (as promulgated by artifactualism). This new conceptualization …
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc
Law, Postmodernism And Resistance: Rethinking The Significance Of The Irish Hunger Strike, Part I, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In recent years legal scholars have drawn upon the insights of postmodernism and deconstruction as methods for the interpretation of legal texts. In this article the author attempts to assess the work of Baudrillard, Derrida and Lyotard not merely as interpretative strategies but as potential socio-legal theories. In order to ground the analysis, the author locates the assessment in the context of the hunger strike by Irish prisoners in 1981. Drawing on the insights of postmodernism and deconstruction the author proposes that the fast can be understood as the erruption of a pre-colonial juridical consciousness by means of which the …
Secular Fundamentalism, Paul F. Campos
A Heterodox Catechism, Paul Campos
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Reviews
This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …
Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White
Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White
Articles
My talk today will consist primarily of the interpretation of one of the dialogues of Plato, called the Crito. It will not have very much about law in it, and you may well wonder why such a lecture is being given in a law school. Let me begin by saying a word or two in response to that sensible question, as a way of framing the reading that follows.
Imagining The Law, James Boyd White
Imagining The Law, James Boyd White
Book Chapters
My aim in this paper is to trace out a certain line of thought about what it might mean to think of law rhetorically. In doing this I shall be resisting the impulse, quite common in our culture, to see the law from the outside, as a kind of intellectual and social bureaucracy; rather I am interested in seeing it from the inside, as it appears to one who is practicing or teaching it. Throughout I shall conceive of the law as a system of discourse that the lawyer and judge must learn and use, and of which we can …
What Is Punishment Imposed For?, George P. Fletcher
What Is Punishment Imposed For?, George P. Fletcher
Faculty Scholarship
The institution of punishment invites a number of philosophical queries. Sometimes the question is: How do we know that inflicting discomfort and disadvantage is indeed punishment? This is a critical question, for example, in cases of deportation or disbarment proceedings. Classifying the sanction as punishment triggers application of the Sixth Amendment and its procedural guarantees. In other situations the question might be: Why do we punish? What is the purpose of making people suffer? In this context, we encounter the familiar debates about the conflicting appeal of retribution, general deterrence, special deterrence, and rehabilitation.
In this article I wish to …