Law Commons^™

The Government Of Germany, Donald P. Kommers

Book Chapters

Chapter Outline:
A. Political Development
B. Political Processes and Institutions
C. Public Policy

3rd ed. HarperCollins College Publishers c1993

Machiavelli And The Politics Of Welfare, National Health, And Old Age: A Comparative Perspective Of The Policies Of The United States And Canada, Camilla Watson

Scholarly Works

This Article maintains that in order to fully comprehend the politics of welfare, retirement security, and national health coverage, it is necessary to examine Machiavellian principles in relation to the variables of economic development and inter-party competition. If the principles of Machiavelli are applied in a slightly different and more constructive manner, they may facilitate reform of the American welfare, retirement, and national health systems. Now that the political balance in the United States has shifted from the conservative to the liberal, the time is ripe to consider reforming the entire Social Security system and instituting a comprehensive national health …

The Poverty Of Academic Rhetoric, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.

A Guide To Enforcing The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

No abstract provided.

Chase Court And Fundamental Rights: A Watershed In American Constitutionalism, The , Robert J. Kaczorowski

Faculty Scholarship

Three weeks before he died in May 1873, the frail and ailing Salmon P. Chase joined three of his brethren in dissent in one of the most important cases ever decided by the United States Supreme Court, the Slaughter-House Cases.1 This decision was a watershed in United States constitutional history for several reasons. Doctrinally, it represented a rejection of the virtually unanimous decisions of the lower federal courts upholding the constitutionality of revolutionary federal civil rights laws enacted in the aftermath of the Civil War. Institutionally, it was an example of extraordinary judicial activism in overriding the legislative will of …

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.

The Ambiguity Of Accountability: Relationships Of Corruption And Control, Mark Findlay

Research Collection Yong Pung How School Of Law

Corruption is a relationship of power and influence, existing within, and taking its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such a relationship, and structures and processes at work towards its regulation. Both the creation and blocking of corruption opportunities are consequences of corruption control. Corruption regulation does not progress from prevention ideology to operational strategies in terms of total control, and therefore the regulatory space within which corruption and control interact becomes a construction of dependence.

Chaos Theory And The Justice Paradox, Robert E. Scott

Faculty Scholarship

"[T]he laws have mistakes, and you can't go writing up a law for everything that you can imagine."

"When you reach an equilibrium in biology you're dead."

As we approach the Twenty-First Century, the signs of social disarray are everywhere. Social critics observe the breakdown of core structures – the nuclear family, schools, neighborhoods, and political groups. As these traditional social institutions have disintegrated, the law has expanded to fill the void. There are more laws, more lawyers, and more use of legal mechanisms to accomplish social goals than at any other time in history. The custodians and interpreters of …

Legitimating The Illegitimate: A Comment On 'Beyond Rape', Robin West

Georgetown Law Faculty Publications and Other Works

Professor Dripps's provocative proposal, as I understand it, is that we think of sex as a commodity and rape as the theft of that commodity. Understood as such, the theft of sex accomplished through violence or the threat of violence is a twofold wrong: it violates our "negative" right to refuse to have sex with anyone for any or no reason, and violence or the threat of violence infringes our right to personal, physical security. Therefore, the violent expropriation of sex should be punished as a major felony, as is violent rape, at least in theory.
  
Furthermore, according to Dripps, …

Sex, Reason, And A Taste For The Absurd, Robin West

Georgetown Law Faculty Publications and Other Works

Like much of Richard Posner's best work, Sex and Reason does many things, and for that reason will no doubt attract a large and diverse readership. This heavily footnoted, exhaustively researched, and imminently accessible book is a welcome introduction to the interdisciplinary study of sex. For the lay reader it presents an arresting set of speculations about human sexuality, drawn from the author's evident familiarity with a sizeable library of studies representing at least half a dozen scientific and social scientific disciplines, assembled in a readable and lively way. Of more interest, perhaps, to academicians and social scientists familiar with …

The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Race, Riots And The Rule Of Law, Deborah Waire Post

Scholarly Works

No abstract provided.

Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel

Journal Articles

Origin stories are a distinctive form of narrative. In their account of how something "began to be," such stories connect past and present, clarify the meanings of important events, reaffirm core norms and values, and assert particular understandings of social order and individual identity. The parents of children with disabilities tell strikingly similar origin stories about the day their child was first diagnosed. Such stories not only explore the meanings of a transformative event but also draw implicit connections between past encounters with medical specialists and present encounters with educational specialists as mandated by an important federal statute. This article, …

New York Times Co V Sullivan: The 'Actual Malice' – Standard And Editorial Decision-Making, Geoffrey Bennett, Russel L. Weaver

Journal Articles

In an effort to explore conflicting views of the New York Times decision, this article compares how the British media functions under Britain's more restrictive defamation laws with how the US media functions under the actual malice standard. It does so based on interviews with reporters, editors, defamation lawyers, and others involved in the media in an effort to understand how they decide which stories to publish, and to gain some understanding of how libel laws affect editorial decision-making.

Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser

Publications

No abstract provided.

The Moment Of Constitutional Opportunity, Marci A. Hamilton

Cardozo Law Review

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.

Individual Conscience And The Law, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder

Articles

The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …

In The Wake Of Thoreau: Four Morden Legal Philosophers And The Theory Of Nonviolent Civil Disobedience, Stephen R. Alton

Faculty Scholarship

This Article opens with a discussion of Thoreau's philosophy of civil disobedience and then examines the ideas of four modem legal philosophers, Joseph Raz, Kent Greenawalt, John Rawls, and Ronald Dworkin, on the subject. Next, the Article compares the respective thinking of all five men regarding the circumstances that would justify the use of civil disobedience. To facilitate the comparison as well as to make it more relevant to the reader, the Article examines five related contemporary illustrations involving situations in which the use of civil disobedience might arguably be morally justified. This Article concludes with some general thoughts on …

Subject: Object, Jeanne L. Schroeder

Articles

The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.

Some Natural Confusions About Natural Law, Philip Soper

Michigan Law Review

To describe this renewed interest in natural law as a resurgence does imply, no doubt, that the ideas associated with the concept are too vital to be put permanently to rest; but resurgence also implies that natural law, for whatever reason, has been assigned the role of challenger to the reigning orthodoxy, rather than that of defending champ. By and large, this inference about the role assigned to natural law by the general public is, I think, correct. Natural law seems to evoke a degree of skepticism in our society that forces any theory that goes by the name to …

Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue

Cardozo Law Review

Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …

A Curious Document Recently Discovered In The Archives, Peter Tillers

Cardozo Law Review

The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …

Jul. 31 1992, Ciel, Comments On Temporary Procedures For The Envt Assessment Of Mdb Activities, Ciel

IFC E&S Performance Standards

No abstract provided.

A Comment On Cass Sunstein's Equality, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

June 18, 1992, Sardar Sarovar - Letter Conveying Report To Wb President And Recomendations From Ch 17, Bradford Morse, Thomas R. Berger, Sardar Sarovar

WBIP Creation Up To 1993

No abstract provided.