Law Commons^™

Law And Inequality: Race, Gender…And, Of Course, Class, Carroll Serron, Frank W. Munger

Articles & Chapters

This chapter discusses the concept of class in an important subfield, the sociology of law. Class, a pivotal institution of society, was central to the earliest studies of legal institutions and of law and inequality in particular. More recently, class has played a less important role. This chapter argues for the continuing importance of class and provides examples of its potential use in contemporary sociolegal research. The first part reviews early work that employed class and instrumental models of the state. Grounded, anti-formal models of law provided a contrasting view. Following wider trends in the discipline, sociology of law turned …

Limits On Marketing Of Attorney Services, Veronica Wooten Brace

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The Reach Of The Commerce Power Over Noncommercial Acts (Cheffer V. Reno, 55 F.2d 1517 (11th Cir. 1995)), Nina Smith

University of Florida Journal of Law & Public Policy

No abstract provided.

Clergy Sexual Malpractice, John H. Arnold

University of Florida Journal of Law & Public Policy

No abstract provided.

Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning

University of Florida Journal of Law & Public Policy

No abstract provided.

Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates

University of Florida Journal of Law & Public Policy

No abstract provided.

Pariality, Passion, And Prejudice: The Necessity Of Postverdict Judicial Review (Honda Motor Co. V. Oberg, 114 S. Ct. 2331 (1994)), Troy Kubes

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Taxation Of Contraband And Expansion Of The Double Jeopardy Clause (Department Of Revenue Of Montana V. Kurth Ranch, 114 S. Ct. 1937 (1994)), Charles H. Davis

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: Premature Federal Adjudication Through The Plain Statement Rule (Arizona V. Evans, 115 S. Ct. 1185 (1995)), W. Craig Williams

University of Florida Journal of Law & Public Policy

No abstract provided.

Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii

University of Florida Journal of Law & Public Policy

No abstract provided.

Is This What They Mean By Sex Education? Keeping Sex Offenders Out Of The Schools, Herbert B. Kaplan

University of Florida Journal of Law & Public Policy

No abstract provided.

Legal Inversions: Lesbians, Gay Men, And The Politics Of Law, Peter Kwan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.

The Presumption Of Innocence: Patching The Tattered Cloak After Maryland V. Craig., Ralph H. Kohlmann

St. Mary's Law Journal

Over one hundred years ago, the United States Supreme Court recognized the importance of the presumption of innocence in a criminal justice system which is based on due process. The Court declared the presumption of innocence is “the undoubted law, axiomatic, and elementary, and its enforcements lies at the foundation … of our criminal law.” The Court’s changing view of the Sixth Amendment’s Confrontation Clause is the most recent contribution to the reduction in the practical value of the presumption of innocence. In Maryland v. Craig, the Court decided that while face-to-face confrontation forms the core of values furthered in …

Intrusive Law Reform, Katharine B. Silbaugh

Faculty Scholarship

Does law obstruct or facilitate the development of a democratic society? This is the subject of Mary Ann Glendon's recent book, A Nation Under Lawyers. It is also the subject of Anita Bernstein's Better Living Through Crime and Tort. Glendon takes the position that law obstructs, that "[p]remature and excessive resort to the courts... has been a disaster for the political health of the country."' Bernstein disagrees, saying that in many cases, law can facilitate democracy by encouraging citizens to educate themselves, engage in debate, and form communities.

The Nativist's Dream Of Return, Robert S. Chang

Faculty Articles

In this address, Professor Robert Chang discusses how the current racial paradigm has become naturalized so that race in America is generally understood to mean black and white. It is this notion of race that limits people understanding and willingness to engage with the history and current state of Asian Americans and Latinos in the United States. Instead of being interested participants, they are seen as interlopers. Yet this status as interloper is precisely why Asian Americans and Latinos are important in discussions of race-our existence disrupts the comfortable binary of the black/white racial paradigm in which the black racial …

Chon On Chen On Chang, Margaret Chon

Faculty Articles

This essay attempts to highlight and explore Bob Chang's implicit disclaimers for an Asian American legal scholarship situated within post-structuralism: that it is contingent, ironic, and yearns for a chimerical solidarity, these qualities should not lead to the conclusion that his claims lack positive vision, the narrative space that Chang advocates allows for creative articulations of Asian presence in America, in both theoretical and practical realms. Thus, after considering the nature of the misunderstanding between Chang and Chen, the author will turn briefly to one example of positive articulation-the diaspora perspective-and read it into Jim Chen's text.

The End Of Innocence Or Politics After The Fall Of The Essential Subject, Robert S. Chang

Faculty Articles

Stuart Hall, writing in the context of British Cultural Studies, describes the demise of the essential black subject as the end of innocence. We have seen in feminist theory and in critical race theory the debate about essentialism, along with various recuperative proposals such as intersectionality, multiple consciousness, positionality, and strategic essentialism. Rather than revisit those discussions, Professor Chang raises the possibility of constructing new subject positions in an attempt to move us beyond the difference divide, to move us from identity politics as we now know it to political identities. In this essay, Professor Chang asks whether we can …

Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

Faculty Articles

In this essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana

LLM Theses and Essays

In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Habeas Corpus Revolution: A New Role For State Courts., Charles F. Baird

St. Mary's Law Journal

This Article’s purpose is to portray recent changes in the United States Supreme Court’s habeas corpus jurisprudence—limiting the scope of the federal writ while reducing the federal judiciary’s role overseeing the criminal justice systems. Seemingly, the Court gave little thought to whether this reduction in federal oversight should be accompanied by a greater measure of review on the part of state courts. The writ of habeas corpus, often referred to as the Great Writ, is the primary means of enforcing rights guaranteed under the United States Constitution and federal courts are the principal guardians of these rights. While commitment to …

Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein

Publications

No abstract provided.

Gay Does Not Necessarily Mean Good: A Critique Of Jeffery Sherman's "Love Speech: The Social Utility Of Pornography", Bridget J. Crawford

American University Journal of Gender, Social Policy & the Law

No abstract provided.

An Economic Analysis Of The Death Penalty, Martin Kasten

University Avenue Undergraduate Journal of Economics

From an economic perspective, society should only use capital punishment if the marginal benefits outweigh the marginal costs. In the course of analyzing the economic efficiency of capital punishment, and before providing any recommendations, both the benefits and costs of the death penalty must be evaluated. Since the death penalty has been implemented for centuries, many people believe its benefits outweigh its costs. The evaluation of benefits in Part II will be compared to the costs assessed in Part III to determine if this long held assertion is correct.

Separating From Children, Carol Sanger

Faculty Scholarship

On September 1, 1939, in anticipation of the imminent German bombing of British cities, 150,000 children were assembled at the railway stations of London and sent throughout the day to "'destinations unknown'" in the English countryside. Mothers and children under five were evacuated together but school-age children were shipped out to rural billets in school groups, accompanied only by their teachers and civil defense volunteers. Forty years later, an observer remembered the day vividly:

[T]he mothers [were] trying to hold back their tears as they marched these little boys and girls in their gas masks into the centre …. The …

What Does A White Woman Look Like? Racing And Erasing In Law, Katherine M. Franke

Faculty Scholarship

In significant ways, legal texts produce a narrative of national identity. They weave stories about who we are, what we are committed to, and what we expect of one another, individually and collectively. The concept of justiciability can be understood as a set of rules determining what stories courts are allowed to tell about who we are and who we can be. In this sense, Ronald Dworkin's account of judging as writing ongoing chapters in a chain novel provides a compelling conception of law as both describing where we have been and directing where we are going. If the salience …

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Fooling All Of The People Some Of The Time: 1990s Welfare Reform And The Exploitation Of American Values, Kathleen Kost, Frank W. Munger

Articles & Chapters

No abstract provided.

Secular Fundamentalism, Religious Fundamentalism, And The Search For Truth In Contemporary America, Daniel O. Conkle

Articles by Maurer Faculty

In this article, I suggest that America's ongoing culture war is a product, in part, of an epistemic crisis that confounds our collective search for truth. In a previous article addressing aspects of this topic, I expressed concerns about religious fundamentalism. Here, I explore the ways in which secular thinking might likewise be described as "fundamentalist." In particular, I discuss secular fundamentalism in textual interpretation, secular fundamentalism in the form of political liberalism, and comprehensive secular fundamentalism, which extends to private questions of truth. I then discuss the various problems - not only political, but also theological - that are …