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Full-Text Articles in Law

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz Jun 2013

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …


Flannery O'Connor And The Mystery Of Justice, Matthew Holland Bryant Cheney May 2013

Flannery O'Connor And The Mystery Of Justice, Matthew Holland Bryant Cheney

Masters Theses

The purpose of this study will be to begin to answer the question, “What is ‘justice’ in the work of Flannery O’Connor?” by approaching three stories—“The Comforts of Home,” “The Partridge Festival,” and finally “Everything that Rises Must Converge.” Each of these stories applies pressure to both individual and social conceptions of justice while fixating primarily on individuals’ just or unjust convictions and principles, usually in tension with those of their family or community. Flannery O’Connor’s work, while it seriously questions the possibility of “perfect” justice among a fallen humanity, exemplifies the paradoxes that arise from the contingency of our …


“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel Apr 2013

“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel

Nehal A. Patel

This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …


Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel Apr 2013

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.


Rights Lawyer Essentialism And The Next Generation Of Rights Critics, Alan K. Chen Apr 2013

Rights Lawyer Essentialism And The Next Generation Of Rights Critics, Alan K. Chen

Michigan Law Review

Richard Thompson Ford does not care much for the current state of civil rights. In his provocative new book, Rights Gone Wrong: How Law Corrupts the Struggle for Equality, Ford lends an original, if often misdirected, voice to the chorus of contemporary critics of the American legal regime of rights. Situating himself among "second generation" rights critics (p. 259), Ford lays out a comprehensive indictment of current approaches to civil rights litigation as well as civil rights activism. His work is both intriguing and provocative, and it raises a number of issues that are surely worth serious consideration and discussion. …


South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker Mar 2013

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …


Life Sentence Doesn't Deliver Punishment, Robert Blecker Jan 2013

Life Sentence Doesn't Deliver Punishment, Robert Blecker

Other Publications

No abstract provided.


Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam Dec 2012

Re-Emerging Equality Traditions Of Justice In The Cultural Roots Of The Egyptian Revolution, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they have been ignored in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Abbas Mahmud ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements