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Articles 1 - 3 of 3
Full-Text Articles in Law
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Faculty Articles and Other Publications
As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams
Faculty Articles and Other Publications
This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …
The Antidemocratic Sixth Amendment, Janet Moore
The Antidemocratic Sixth Amendment, Janet Moore
Faculty Articles and Other Publications
Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new …