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Articles 1 - 9 of 9
Full-Text Articles in Law
Critique, Ideology, And Aesthetics, Richard Thompson Ford
Critique, Ideology, And Aesthetics, Richard Thompson Ford
University of Colorado Law Review
No abstract provided.
Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta E. Hernández-Truyol, Angela Harris, Francisco Valdés
Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta E. Hernández-Truyol, Angela Harris, Francisco Valdés
Berta E. Hernández-Truyol
Part I of this Afterword sketches an overview of the jurisprudential and intellectual precursors that have influenced the emergence and development of LatCrit theory during this past decade. Part II turns squarely to the origins and the efforts of this enterprise, as we have endeavored to articulate the LatCrit subject position in socially relevant ways. Part III explains the special emphasis on internationalism manifest both in our symposia and more broadly in our portfolio of projects. Part IV then concludes with an outline of some key points that might help to inform our second-decade agenda. In presenting our account of …
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Can Any Legal Theory Constrain Any Judicial Decision?, Anthony D'Amato
Faculty Working Papers
A growing number of legal scholars have recently revived the American legal realist thesis that legal theory does not dictate the result in any particular case because legal theory itself is indeterminate. A more radical group has added that theory can never constrain judicial practice. I will present a spectrum of types of legal theories to demonstrate that the position of the more radical group of writers is correct—that legal theory is inherently incapable of identifying which party should win any given case.
Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta E. Hernández-Truyol, Angela Harris, Francisco Valdés
Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta E. Hernández-Truyol, Angela Harris, Francisco Valdés
UF Law Faculty Publications
Part I of this Afterword sketches an overview of the jurisprudential and intellectual precursors that have influenced the emergence and development of LatCrit theory during this past decade. Part II turns squarely to the origins and the efforts of this enterprise, as we have endeavored to articulate the LatCrit subject position in socially relevant ways. Part III explains the special emphasis on internationalism manifest both in our symposia and more broadly in our portfolio of projects. Part IV then concludes with an outline of some key points that might help to inform our second-decade agenda. In presenting our account of …
“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo
“This Woman’S Work” In A "Man's World": A Feminist Analysis Of The Farm Security And Rural Investment Act Of 2002, Nick J. Sciullo
Nick J. Sciullo
This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the …
Doubting Donald: A Reply To Professor Donald Galloway's 'Critical Mistakes', Richard F. Devlin Fsrc
Doubting Donald: A Reply To Professor Donald Galloway's 'Critical Mistakes', Richard F. Devlin Fsrc
Articles, Book Chapters, & Popular Press
In a recent article Professor Galloway has argued that supporters of the Critical Legal Studies perspective make five fundamental errors in their analyses of liberal theory and as a result have failed in their deconstructive agenda. In this essay Professor Devlin replies to these criticisms and posits that Galloway's essay in retrieval is itself subject to the very same errors of which he accuses the "crits". Moreover, it is argued that the nature of Galloway 's partial defence of liberalism confirms rather than denies the accuracy of critical assessments.
Beyond Candor, Scott Altman
Beyond Candor, Scott Altman
Michigan Law Review
In Part I, I consider whether judges might hold inaccurate beliefs that make them more candid and constrained. I suggest that even if theories of neutral decisionmaking are incomplete and inaccurate, a legal system in which judges hold these beliefs about their own behavior could have advantages. If many judges believe that they can, should, and do decide almost all cases by following the law, they might behave differently than they would if they held more accurate beliefs. They might behave so as to facilitate repression and denial, because their self-esteem depends on maintaining the belief that they decide as …
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A Samek, Richard F. Devlin Frsc
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A Samek, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Despite some lingering reservations, after a reading and re-reading, analysis and counter-analysis, critique, reflection and synthesis of over thirty articles and two books, I now feel comfortable with Samek's work and confident enough to present this reconstruction of his theory in order that his thoughts will be more accessible to those who might be interested
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.