Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Metaphors Matter: How Images Of Battle, Sports And Sex Shape The Adversary System, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.
International Harmonization Of Private Law, Peter Winship
International Harmonization Of Private Law, Peter Winship
Faculty Journal Articles and Book Chapters
No abstract provided.
Some Implications Of Arrow’S Theorem For Voting Rights, Grant M. Hayden
Some Implications Of Arrow’S Theorem For Voting Rights, Grant M. Hayden
Faculty Journal Articles and Book Chapters
Arrow's theorem proves that no voting procedure can meet certain conditions of both fairness and logic. In this note, Grant Hayden explores the ramifications of the theorem for qualitative vote dilution. After describing Arrow's argument, Mr. Hayden considers four democratic voting procedures the -- Condorcet method, the amendment procedure, the Borda count, and cumulative voting-in the light of the theorem. He then explores some of the theoretical and practical implications of the theorem. In the remainder of the note, Mr. Hayden discusses how well section 2 of the Voting Rights Act of 1965 and its judicial interpretation in Thornburg v. …
The Virtual Reality Of Eliminating Tax Deferral, Christopher H. Hanna
The Virtual Reality Of Eliminating Tax Deferral, Christopher H. Hanna
Faculty Journal Articles and Book Chapters
No abstract provided.
External And Internal Crossroads For Banking Supervision In Southern Africa, Joseph J. Norton
External And Internal Crossroads For Banking Supervision In Southern Africa, Joseph J. Norton
Faculty Journal Articles and Book Chapters
No abstract provided.