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Full-Text Articles in Law
The Civil Rights Act Of 1964 And 'Legislating Morality': On Conscience, Prejudice, And Whether 'Stateways' Can Change 'Folkways', Linda C. Mcclain
The Civil Rights Act Of 1964 And 'Legislating Morality': On Conscience, Prejudice, And Whether 'Stateways' Can Change 'Folkways', Linda C. Mcclain
Faculty Scholarship
Influential studies, from the 1940s and 1950s, of the problem of prejudice and how to remedy it challenged the famous assertion of nineteenth-century sociologist William Graham Sumner that “stateways don’t change folkways,” and its modern counterparts, “you cannot legislate against prejudice” or “you cannot legislate morality.” Social scientists countered that, although people might initially protest, they would welcome a federal antidiscrimination law that aligned with conscience and closed the gap between American ideals and prejudice, creating new “folkways.” Using examples from the contexts of public accommodations, education, and employment, this Article examines similar arguments made about conscience and “legislating morality” …
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
The Missing View Of The Cathedral: The Private Law Paradigm Of European Legal Integration, Daniela Caruso
Faculty Scholarship
The traditional partition between public and private law continues to reinforce the belief that public law is the only proper realm of political debate, where decisions having redistributional consequences are and should be taken. This allows for a seemingly minor role of private law in the debate on European integration. This article challenges such a traditional image by noticing the central role of private law in the several legal systems of the European Union, and by analysing a few instances of resistance to private law integration. The analysis suggests that, while fully engaged in debating the public law implications of …