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Articles 1 - 8 of 8
Full-Text Articles in Law
Cultural Inversion And The One-Drop Rule: An Essay On Biology, Racial Classification, And The Rhetoric Of Racial Transcendence, Deborah W. Post
Cultural Inversion And The One-Drop Rule: An Essay On Biology, Racial Classification, And The Rhetoric Of Racial Transcendence, Deborah W. Post
Scholarly Works
No abstract provided.
Swimming With Shark, Nancy B. Rapoport
Swimming With Shark, Nancy B. Rapoport
Scholarly Works
In this essay, Nancy Rapoport discusses how Sebastian Stark (played by James Woods) seduces the lawyers on his legal team into ignoring legal ethics in favor of Stark's own version of ethics. Stark -- a criminal defense lawyer who becomes a deputy district attorney -- bends the ethics rules past the breaking point in order to put bad guys behind bars. His team of lawyers knows right from wrong but follows Stark's lead in breaking the rules anyway.
Hillary Clinton, Sarah Palin, And Michelle Obama: Performing Gender, Race, And Class On The Campaign Trail, Ann C. Mcginley
Hillary Clinton, Sarah Palin, And Michelle Obama: Performing Gender, Race, And Class On The Campaign Trail, Ann C. Mcginley
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The 2008 Presidential campaign highlighted three strong, interesting, and very different women -- Hillary Clinton, Sarah Palin, and Michelle Obama -- who negotiated identity performances in the political limelight. Because of their diverse backgrounds, experience, and ages, an examination of how these three women performed their identities and the public response to them offers a rich understanding of the changing nature of gender, gender roles, age, sexuality and race in our culture. This essay suggests that optimism that Obama's race and gender performances may have removed the stigma from "the feminine" may be misplaced, at least when it comes to …
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
When Reading Between The Lines Is Not Enough: Lessons From Media Coverage Of A Domestic Violence Homicide-Suicide, Elizabeth L. Macdowell
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In October 2008, Karthik Rajaram murdered his wife, mother-in-law, sons and, ultimately, himself, in a wealthy Los Angeles suburb. This Article analyzes media reports about the deaths to illustrate the resilience of patriarchy and significant gaps in research and scholarship about domestic violence, and suggests a strategic approach to building counter-narratives about violence against women.
The Article is composed of five parts. Part I is the Introduction. Part II draws on narrative theory and critical media scholarship to lay the groundwork for analysis, and to show why media coverage of homicide-suicide is implicated in the production of dominant ideology.
Part …
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
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The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
The Burden Of Knowledge, Christian Turner
The Burden Of Knowledge, Christian Turner
Scholarly Works
Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.
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Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …
When Does Might Make Right? Using Force For Regime Change, John Linarelli
When Does Might Make Right? Using Force For Regime Change, John Linarelli
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Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …