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Articles 12271 - 12300 of 14181
Full-Text Articles in Law
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer
Articles
No abstract provided.
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Plenary Power And Constitutional Outcasts: Federal Power, Critical Race Theory, And The Second, Ninth, And Tenth Amendments , Nicholas J. Johnson
Faculty Scholarship
Rights and power in modern American constitutionalism are conceptually interdependent: "We have no way of thinking about constitutional rights independent of what powers it would be prudent or desirable for government to have." In an era where substantive boundaries on federal power seem ephemeral, this suggests that what we call rights may be primarily fair weather or illusory barriers to the exercise of power.From a majoritarian perspective, the shifting boundary between rights and powers, and the capacity of power to consume rights, may be unproblematic and even attractive. If the exercise of plenary power reflects majority will, then this exercise …
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri
Articles
No abstract provided.
The German Duality Of State And Society, David Abraham
Constitutional Fictions And Meritocratic Success Stories, Robin West
Constitutional Fictions And Meritocratic Success Stories, Robin West
Georgetown Law Faculty Publications and Other Works
L.H. LaRue demonstrates in his book, Constitutional Law as Fiction, that, at least in the realm of constitutional law, there is no simple correspondence between fiction and falsehood, or fact and truth. Partial or fictive accounts of our constitutional history, even when they are riddled with inaccuracies, may state deep truths about our world, and accurate recitations of historical events may be either intentionally or unintentionally misleading in the extreme. According to LaRue, the Supreme Court engages in a form of storytelling or myth-making that goes beyond the inevitably partial narratives of fact and precedent. The Supreme Court also tells …
Libertarianism With A Twist, Heidi Li Feldman
Libertarianism With A Twist, Heidi Li Feldman
Georgetown Law Faculty Publications and Other Works
Review of SIMPLE RULES FOR A COMPLEX WORLD. By Richard A. Epstein. Cambridge: Harvard University Press. 1995. Pp. xiv, 361.
Anglo-American Jurisprudence And Latin America, John Linarelli
Anglo-American Jurisprudence And Latin America, John Linarelli
Scholarly Works
No abstract provided.
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Scholarly Works
No abstract provided.
Union Lawyer's Obligations To Bargaining Unit Members: A Case Study Of The Interdependence Of Legal Ethics And Substantive Law, The Symposium: The Lawyer's Duties And Liabilities To Third Parties, Russell G. Pearce
Faculty Scholarship
One of the largest groups of purported nonclients to whom lawyers might have obligations are members of bargaining units represented by unions. Despite the much publicized decline of labor unions, they have almost 16.4 million members. In addition, many workers are members of bargaining units represented by labor unions, but are not union members. The relationship of union lawyers to these millions of bargaining unit members, whether members of the union or not, is unclear. An examination of how this relationship influences and is influenced by labor law offers a fascinating case study of the synergy between the substantive law …
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport
Faculty Scholarship
In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …
The Color Of Money, Paul F. Campos
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller
Publications
No abstract provided.
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
This Could Be Your Culture--Junk Speech In A Time Of Decadence, Pierre Schlag
Publications
No abstract provided.
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Bringing Small Business Development To Urban Neighborhoods, Robert E. Suggs
Faculty Scholarship
This article describes a race-neutral policy proposal designed to increase business formation and success rates for young urban African Americans. The proposal suggests using local governments' taxing authority, in a manner analogous to tax increment financing, to create financial incentives for successful small business owners to employ, and then mentor and train as business owners, young urban entrepreneurs from deteriorating neighborhoods. The amount of financial incentive varies directly with financial success of protégés and requires the transfer of some of the mentor’s social (reputational) capital to the protégé. Business activity has created wealth and economic mobility for other ethnic groups, …
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Lawyers And Butlers: The Remains Of Amoral Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Idealism And The Individual Woman: Reading Bessie Head's A Question Of Power, Paul J. Heald
Idealism And The Individual Woman: Reading Bessie Head's A Question Of Power, Paul J. Heald
Scholarly Works
In A Question of Power, South African exile Bessie Head graphically illustrates the relevance of gender difference to religion, political philosophy, and human rights. At first glance, the novel is a startling interior view of the psychosis that can result from constant alienation. The madness so painfully described, however, is portrayed as specific to women. And the road from madness -- the rejection of idealism, the rejection of universalism, and the rejection of power -- carries an important message to those seeking to understand the various feminist perspectives on human rights and spirituality. In Head's view, the recognition of …
Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson
Heartless World Revisited: Christopher Lasch's Parting Polemic Against The New Class, Kenneth Anderson
Book Reviews
This obituary essay on the final book by the cultural critic Christopher Lasch appeared in the Times Literary Supplement in 1995. The essay examines Lasch's final work, The Revolt of the Elites, against the rest of his body of writing. In particular, it examines Lasch's populism and stance against the increasingly transnatonal elites loosely characterized as the New Class. It discusses Lasch's emphasis on the family as the locus of what remained a significantly Freudian cultural discourse, and examines the ways in which Lasch saw the family as being taken apart and then reassembled according to the mores of the …
Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin
Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin
IFC E&S Performance Standards
No abstract provided.
Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi
Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi
IFC E&S Performance Standards
No abstract provided.
Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi
Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi
IFC E&S Performance Standards
No abstract provided.
Our Natural Selves, Kenneth Anderson
Our Natural Selves, Kenneth Anderson
Book Reviews
(Review of Luc Ferry, the New Ecological Order, and Michael Zimmerman, Contesting Earth's Future: Radical Ecology and Postmodernity) This 1995 Times Literary Supplement essay examines two books on the underlying philosophies of the ecology and environmentalism movements. The first, by Sorbonne professor and lately French Minister of Culture Luc Ferry, offers a critique of ecological philosophies that seek to de-privilege humanity in favor of a larger conception of nature. Ferry writes in a breezy, witty style which has at its aim reasserting liberal humanism and its human-centered ethic as against any ethic that treats human beings as merely species or …
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren
Cardozo Law Review
This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …
Elder Law: Practice Developments And 1995 Legislative Outcomes, Oregon Law Institute, Wesley D. Fitzwater, Charles E. Davis, Laurie P. Sitton, Sharon Gary Smith, Sally Ringholm, Mark M. Williams, Lisa N, Bertalan, Penny L. Davis, Rees C. Johnson
Elder Law: Practice Developments And 1995 Legislative Outcomes, Oregon Law Institute, Wesley D. Fitzwater, Charles E. Davis, Laurie P. Sitton, Sharon Gary Smith, Sally Ringholm, Mark M. Williams, Lisa N, Bertalan, Penny L. Davis, Rees C. Johnson
Oregon Law Institute, 1995
Course Materials from the July 28, 1995 Program in Portland
Critical Cultural Law And Economics, The Culture Of Deindividualization, The Paradox Of Blackness, Linz Audain
Critical Cultural Law And Economics, The Culture Of Deindividualization, The Paradox Of Blackness, Linz Audain
Indiana Law Journal
No abstract provided.
Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter
Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter
IFC E&S Performance Standards
No abstract provided.
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Health Care Confidentiality: Current Virginia Law And A Proposal For Legislation, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson
May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson
IFC E&S Performance Standards
No abstract provided.
De Jure Revolution?, Margaret M. Russell
De Jure Revolution?, Margaret M. Russell
Michigan Law Review
A Review of Failed Revolutions: Social Reform and the Limits of Legal Imagination by Richard Delgado and Jean Stefancic, and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution by Jack Greenberg.
Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri
Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri
Michigan Law Review
A Review of The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony T. Kronman.
The Jury: Trial And Error In The American Courtroom, John C. Blattner
The Jury: Trial And Error In The American Courtroom, John C. Blattner
Michigan Law Review
A Review of The Jury: Trial and Error in the American Courtroom by Stephen J. Adler