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Articles 31 - 60 of 67
Full-Text Articles in Law
Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan
Freedom Of Assembly And The Right To Passage In Modern English Legal History , Rachel Vorspan
Faculty Scholarship
This Article suggests, on the broadest level, that the history of the "right to passage" in the past two centuries is explicable only in terms of the complex interaction between formal legal doctrine on the one hand and social and political pressures on the other. Specific challenges to public order significantly shaped the evolution of legal rules, but these rules, once established, constrained official action and compelled the authorities at critical junctures to develop countervailing strategies. This exploration confirms that neither an externalist nor internalist approach to legal history by itself adequately explains historical change and, moreover, that the relative …
From Black And White To High Definition Equal Protection, Seth F. Kreimer
From Black And White To High Definition Equal Protection, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Foreword: Under Construction- Latcrit Consciousness, Community, And Theory, Francisco Valdes
Articles
No abstract provided.
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
The Jury As Critic: An Empirical Look At How Capital Juries Perceive Expert And Lay Testimony, Scott E. Sundby
Articles
No abstract provided.
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
Liberalized Immigration As Free Trade: Economic Welfare And The Optimal Immigration Policy, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Does Time Make Ancient Good Uncouth?, John W. Reed
Does Time Make Ancient Good Uncouth?, John W. Reed
Other Publications
The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …
Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes
Foreword Poised At The Cusp: Latcrit Theory, Outsider Jurisprudence And Latina/O Self-Empowerment, Francisco Valdes
Articles
No abstract provided.
Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman
Second-Best Solution: The First Amendment, Broadcast Indecency, And The V-Chip [Comments], Howard M. Wasserman
Faculty Publications
No abstract provided.
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Latcrit Theory And The Post-Identity Era: Transcending The Legacies Of Color And Coalescing A Politics Of Consciousness, Mary I. Coombs
Articles
No abstract provided.
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Articles
One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks
Faculty Scholarship
In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla
Faculty Scholarship
This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …
Taking Boards Seriously, Jill E. Fisch
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
Compelled Affirmations, Free Speech, And The U.S. Military's Don't Ask, Don't Tell Policy, Tobias Barrington Wolff
All Faculty Scholarship
No abstract provided.
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
The Nature Of Blacks' Skepticism About Genetic Testing, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Utility Of Desert, Paul H. Robinson, John M. Darley
The Utility Of Desert, Paul H. Robinson, John M. Darley
All Faculty Scholarship
The article takes up the debate between utility and desert as distributive principles for criminal liability and punishment and concludes that a utilitarian analysis that takes account of all costs and benefits will support the distribution of liability and punishment according to desert, or at least according to the principles of desert as perceived by the community. It reaches this conclusion after an examination of a variety of recent social science data. On the one hand, it finds the traditional utilitarian theories of deterrence, incapacitation, and rehabilitation to have little effect in many instances. It finds instead that the real …
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Genetic Testing, Nature, And Trust, Anita L. Allen
Genetic Testing, Nature, And Trust, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin
All Faculty Scholarship
No abstract provided.
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang
All Faculty Scholarship
No abstract provided.
Anasazi Jurisprudence, John W. Ragsdale Jr
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Theory And Experience In Constructing The Realitonship Between Lawyer And Client: Representing Women Who Have Been Abused, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Spiritual And Menial Housework, Dorothy E. Roberts
Spiritual And Menial Housework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
An Analysis Of The Personal Use Principle Under Copyright Law, Hsin-Chih Cheng
LLM Theses and Essays
Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution, however, an issue arises when the individual wants to make a copy of the copyrighted work. New technologies like photocopying and videotaping make this issue more prominent today. Some copyright owners think that the individual’s copying for private use is harmful to their potential market and they argue for compensation. Does the individual have the right under the personal use principle to reproduce the copyrighted work for private …
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
The Issue Of The Legal Validity Of Using Economic Sanctions To Enforce Human Rights, Thomas Hailu
LLM Theses and Essays
The international legal regime as it pertains to human rights is neither as established nor as definitive as it appears. It suffers from many disadvantages, the first and most important of which is the fact that the international legal regime has never been capable of effectively enforcing its rules or instituting appropriate remedies for its breaches. Some states have attempted to make up for this inability on behalf of international law by undertaking an enforcement mechanism either unilaterally or multilaterally; economic sanctions are often regarded as valuable tools of enforcement to be used against countries which are allegedly engaged in …
Fair Use In American And Continental Laws, Omar M.A. Obeidat
Fair Use In American And Continental Laws, Omar M.A. Obeidat
LLM Theses and Essays
Intellectual property, unlike tangible property, does not exclusively occupy one place at a designated time. Instead, intellectual property is composed of information which can be reproduced or used in multiple places at any given time. This fundamental difference between intellectual and tangible property is reflected in the legal provisions that regulate these types of property. There are two dominant theories that justify the legal protection of intellectual property: the individualistic European approach, and the commercial Anglo-American approach. Under the European approach, the protection of the creation is a natural right guaranteed to the author. In other words, natural law guarantees …
Law And Fancy, Robin West
Law And Fancy, Robin West
Georgetown Law Faculty Publications and Other Works
Martha Nussbaum's graceful book Poetic Justice is an elegant brief for the importance of our capacity for imaginative "fancy" to our moral and legal lives. Imaginative fancy, Nussbaum argues, allows us to know the internal substance and quality of the lives of others. It allows us to come to appreciate, to understand, to share, and ultimately to resist others' suffering. It is, in short, the means by which we come to care about the fate and happiness of others. It is a part, but not the whole, of our capacity to transcend a narcissistic and infantile egoism. It is therefore …
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Marriage Today: Legal Consequences For Same Sex And Opposite Sex Couples, David L. Chambers
Articles
Laws that treat married persons in a different manner than they treat single persons permeate nearly every field of social regulation in this country -- taxation, otrts, evidence, social welfare, inheritance, adoption, and on and on.
Lawyering For Social Justice, Nan D. Hunter
Lawyering For Social Justice, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
It is an honor, albeit a sad one, to be invited to write this Essay in commemoration of Tom Stoddard and as commentary on his final publication.
I first met Tom in the late 1970s, when we both joined the Board of Directors of the Lambda Legal Defense and Education Fund. Both of us were American Civil Liberties Union staff attorneys, Tom for the New York Civil Liberties Union (NYCLU) and I for the Reproducfive Freedom Project in the national office. Later, for the last half of the 1980s, Tom was the Executive Director of Lambda during the same period …