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Articles 1 - 15 of 15
Full-Text Articles in Law
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Why Family Values Faltered: Capitalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Mid-Atlantic Ethics Committee Newsletter, Fall 1992
Mid-Atlantic Ethics Committee Newsletter, Fall 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Summer 1992
Mid-Atlantic Ethics Committee Newsletter, Summer 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
The Casey Conundrum, Bruce Ledewitz
The Casey Conundrum, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Mid-Atlantic Ethics Committee Newsletter, Spring 1992
Mid-Atlantic Ethics Committee Newsletter, Spring 1992
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley
Scholarly Works
No abstract provided.
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
The Bill Of Rights, Social Contract Theory, And The Rights “Retained” By The People, Thomas B. Mcaffee
Scholarly Works
The Ninth Amendment provides that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” There is no question that this Amendment was designed as a savings clause, to ensure that the specification of particular rights would not raise an inference that the Bill of Rights exhausted the rights which the people held as against the newly-created national government. But there is an ongoing debate as to nature of these additional rights retained by the people and as to the sort of claim they might support against the exercise …
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Uncommon Law And The Bill Of Rights: The Woes Of Constitutionalizing State Common-Law Torts, Elaine W. Shoben
Scholarly Works
During the two-hundred-year history of the Bill of Rights, the Supreme Court occasionally has used those first ten Amendments to constitutionalize state common-law torts. In this essay, Professor Elaine Shoben argues that the Court would be well advised to forgo that practice. Pointing to the Court's experience in constitutionalizing defamation law under the First Amendment, Professor Shoben says when the Court meddles in state tort law, the result is a highly complex and very unsatisfactory body of law. On the Bicentennial of the Bill of Rights, this author recommends that if the Court feels compelled to reform a state common-law …
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
'Coming To Our Senses': Communication And Legal Expression In Performance Cultures, Bernard J. Hibbitts
Articles
This article examines how semi-literate or largely non-literate cultures having little or no experience with writing ("performance cultures") communicate and express law and legal meaning through the orchestrated use of the physical senses. It first examines how each of the senses - hearing (sound), sight, touch, smell and taste - is brought to bear in the cultural and legal experience of performance-based societies. It then considers how and why members of performance cultures "perform", i.e. use and combine various sensory media in single messages, and describes how and why they use the same strategy in creating law and legal expression. …
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Legal Education And The Theatre Of The Absurd: "Can't Anybody Play This Here Game?", Paul A. Lebel
Faculty Publications
No abstract provided.
Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indetermincy Be Reconciled?, Charles M. Yablon
Faculty Articles
No abstract provided.
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
North American Free Trade Agreement: The Public Debate, Fran Ansley
North American Free Trade Agreement: The Public Debate, Fran Ansley
Scholarly Works
No abstract provided.
U.S.-Mexico Free Trade From The Bottom: A Postcard From The Border, Fran Ansley
U.S.-Mexico Free Trade From The Bottom: A Postcard From The Border, Fran Ansley
Scholarly Works
No abstract provided.