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Full-Text Articles in Law
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke
Anthony O'Rourke
Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …
Three Voices Of Socio-Legal Studies, Malcolm M. Feeley
Three Voices Of Socio-Legal Studies, Malcolm M. Feeley
Malcolm Feeley
No abstract provided.
Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre
Book Review: Julie Dickson And Pavlos Eleftheriadis, Philosophical Foundations Of European Union Law, Arthur Dyevre
Arthur Dyevre
Change in the legal academy tends to be spurred by changes in the legal reality itself rather than by methodological and conceptual innovation emerging from within the discipline. In that sense, legal developments in the real world habitually seem to be ahead of the scholarship. A new phenomenon emerges, which legal scholars then try to apprehend via the established tools and categories of legal thought, soon to discover that these fail to capture the essence of the new reality. The first to experience the changed legal world are usually the scholars who are closest to practice; those who are intimate …
Law Without Disgust: A Fetid Freedom, Matthew Jordan Cochran
Law Without Disgust: A Fetid Freedom, Matthew Jordan Cochran
Matthew Jordan Cochran
Martha Nussbaum has attacked disgust as an emotion incompatible with political liberal values; a primitive shrinking from animality that is used to subjugate vulnerable groups. Dr. Leon Kass has described disgust as a profound wisdom that teaches us the boundaries beyond which our given human nature becomes compromised. Kass's view of human dignity recognizes the hierarchical nature of being human, while Nussbaum's rather scatological account reduces mankind to a mere species of animal—an animal which is somehow an oppressor for shunning the accouterments of its own mortality. This article compares these two competing views on the interplay between disgust and …
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Brian Slattery