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Articles 1 - 4 of 4
Full-Text Articles in Law
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Daniel F. Piar
No abstract provided.
On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held
On The Boundaries Of Culture As An Affirmative Defense, Reid Griffith Fontaine, Eliot M. Held
Reid G. Fontaine
A “cultural defense” to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the external imposition of values—the purported aim of the cultural defense—because a cultural standard is, at its core, an external standard imposed onto an individual. The pluralist argument for a cultural defense also fails on its own terms—after all, justice systems are themselves cultural institutions. Furthermore, a defendant’s background is already accounted for at sentencing. The closest thing to a cultural defense that a court could adopt without damaging the culpability …
Latina/Os, Locality, And Law In The Rural South, Lisa R. Pruitt
Latina/Os, Locality, And Law In The Rural South, Lisa R. Pruitt
Lisa R Pruitt
In this era of municipal anti-immigrant ordinances and federal-local cooperation to enforce immigration laws, legal issues associated with immigration are playing out at multiple scales, from the national down to the local. Legal actors at the municipal, county, and state levels have become front-line policymakers and law enforcers in relation to immigrant populations. This essay calls attention to phenomenal surge in Latina/o immigration into the rural South in recent years, and it considers how that socio-spatial milieu may influence these legal matters at the local level.
Among other issues, the essay discusses the enhanced opportunity for racial profiling in the …
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Diabolical Frivolity Of Neoliberal Fundamentalism, Sefik Tatlic
Sefik Tatlic
Today, we cannot talk just about plain control, but we must talk about the nature of the interaction of the one who is being controlled and the one who controls, an interaction where the one that is “controlled” is asking for more control over himself/herself while expecting to be compensated by a surplus of freedom to satisfy trivial needs and wishes. Such a liberty for the fulfillment of trivial needs is being declared as freedom. But this implies as well the freedom to choose not to be engaged in any kind of socially sensible or politically articulated struggle.