Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger Jan 2009

How Embedded Knowledge Structures Affect Judicial Decision Making: An Analysis Of Metaphor, Narrative, And Imagination In Child Custody Disputes, Linda L. Berger

Linda L. Berger

We live in a time of radically changing conceptions of family and of the relationships possible between children and parents. Though undergoing “a sea-change,” family law remains tethered to culturally embedded stories and symbols. While so bound, family law will fail to serve individual families and a society whose family structures diverge sharply by education, race, class, and income. This article advances a critical rhetorical analysis of the interaction of metaphor and narrative within the specific context of child custody disputes. Its goal is to begin to examine how these embedded knowledge structures affect judicial decision making generally; more specifically, …


Atlantean Prose And The Search For Democracy, Nick J. Sciullo Dec 2008

Atlantean Prose And The Search For Democracy, Nick J. Sciullo

Nick J. Sciullo

Atlantis, the Lost City, has been a focal point of folklore, archeological inquiry, literary criticism, and mystic interpretation. It has boggled the brilliant, confused scientists, and sparked the interest of children. "Skeptics, archaeologists, geologists, and anthropologists may rant and rave, but the myth of Atlantis endures. In every generation, someone emerges to champion the cause and to embroider the story." But the significance of Atlantean prose as an avenue through which to best understand critical legal thought has not been explored in depth. To be sure, there have been numerous books, articles, and opinions analyzing Atlantis, but little attention has …


Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo Dec 2008

Conversations With The Law: Irony, Hyperbole, And Identity Politics Or Sake Pase? Wyclef Jean, Shottas, And Haitian Jack: A Hip-Hop Creole Fusion Of Rhetorical Resistance To The Law, Nick J. Sciullo

Nick J. Sciullo

This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an in-tersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism n4 of the law through the rhe-torical terrain of Wyclef's …


Prophetic Discourse In The Public Square, M. Cathleen Kaveny Dec 2008

Prophetic Discourse In The Public Square, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.