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Articles 1 - 6 of 6
Full-Text Articles in Law
Book Review: The Oxford Handbook Of Empirical Legal Rearch, William T. Gallagher
Book Review: The Oxford Handbook Of Empirical Legal Rearch, William T. Gallagher
Publications
The Oxford Handbook of Empirical Legal Research, edited by Peter Cane and Herbert M. Kritzer, is an excellent scholarly resource that is especially timely given the recent resurgence of interest by (mostly) legal academics in the empirical study of law. As the editors suggest, it is precisely because of this resurgent interest that it is important to understand contemporary empirical legal research in the context of its historical and institutional roots and in light of ongoing scholarly debate about the most appropriate methodologies for conducting this type of research.
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber
Duncan Kennedy's Third Globalization, Criminal Law, And The Spectacle, Aya Gruber
Publications
No abstract provided.
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Experimental Pragmatism In The Third Globalization, Justin Desautels-Stein
Publications
Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …
Race As A Legal Concept, Justin Desautels-Stein
Race As A Legal Concept, Justin Desautels-Stein
Publications
Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure, characterizations of the rule have oftentimes kept pace with developments in race science, and the original invention of race as a rationale for the subordination of certain human populations is now a rationale with little …
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis
Publications
No abstract provided.
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin
Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin
Publications
This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …