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Articles 31 - 60 of 65

Full-Text Articles in Law

The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

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No abstract provided.


Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White Jan 2001

Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White

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No abstract provided.


The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya Jan 2000

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

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No abstract provided.


Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White Jan 1999

Victims' Rights, Rule Of Law, And The Threat To Liberal Jurisprudence, Ahmed A. White

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No abstract provided.


Law And Phrenology, Pierre Schlag Jan 1997

Law And Phrenology, Pierre Schlag

Publications

As the intellectual credentials of American law become increasingly dubious, the question arises: how has this discipline been intellectually organized to sustain belief among its academic practitioners? This Commentary explores the nineteenth-century pseudo-science of phrenology as a way of gaining insight into the intellectual organization of American law. Although there are, obviously, significant differences, the parallels are at once striking and edifying. Both phrenology and law emerged as disciplinary knowledges through attempts to cast them in the form of sciences. In both cases, the "sciences" were aesthetically organized around a fundamental ontology of reifications and animisms -- "faculties" in the …


The Empty Circles Of Liberal Justification, Pierre Schlag Jan 1997

The Empty Circles Of Liberal Justification, Pierre Schlag

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No abstract provided.


Anti-Intellectualism, Pierre Schlag Jan 1995

Anti-Intellectualism, Pierre Schlag

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No abstract provided.


International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy Jan 1995

International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy

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No abstract provided.


Forty Years In The Desert, Paul F. Campos Jan 1995

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.


Values, Pierre Schlag Jan 1994

Values, Pierre Schlag

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No abstract provided.


A Heterodox Catechism, Paul Campos Jan 1994

A Heterodox Catechism, Paul Campos

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No abstract provided.


Clerks In The Maze, Pierre Schlag Jan 1993

Clerks In The Maze, Pierre Schlag

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No abstract provided.


How To Do Things With The First Amendment, Pierre Schlag Jan 1993

How To Do Things With The First Amendment, Pierre Schlag

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No abstract provided.


Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller Jan 1992

Post-Modern Hearsay Reform: The Importance Of Complexity, Christopher B. Mueller

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No abstract provided.


A Mirror For The Magistrate, Paul Campos Jan 1992

A Mirror For The Magistrate, Paul Campos

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No abstract provided.


Writing For Judges, Pierre Schlag Jan 1992

Writing For Judges, Pierre Schlag

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No abstract provided.


The Paradox Of Punishment, Paul Campos Jan 1992

The Paradox Of Punishment, Paul Campos

Publications

Retribution demands reciprocity. In this Essay, Professor Campos contends that classic retributive theory encounters a logical paradox when it attempts to equalize the status of criminal and victim through the institution of punishment. This paradox arises out of a clash between the deontological requirements of equality and justice. He concludes by speculating on the historical relationship between rationalist justifications for vengeance and the elimination of punishment as public spectacle.


Foreword: Postmodernism And Law, Pierre Schlag Jan 1991

Foreword: Postmodernism And Law, Pierre Schlag

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No abstract provided.


Normativity And The Politics Of Form, Pierre Schlag Jan 1991

Normativity And The Politics Of Form, Pierre Schlag

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No abstract provided.


The Problem Of The Subject, Pierre Schlag Jan 1991

The Problem Of The Subject, Pierre Schlag

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No abstract provided.


Stances, Pierre Schlag Jan 1991

Stances, Pierre Schlag

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No abstract provided.


Normative And Nowhere To Go, Pierre Schlag Jan 1990

Normative And Nowhere To Go, Pierre Schlag

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No abstract provided.


"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag Jan 1990

"Le Hors De Texte, C'Est Moi": The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag

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No abstract provided.


Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

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No abstract provided.


Contradiction And Denial, Pierre Schlag Jan 1989

Contradiction And Denial, Pierre Schlag

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No abstract provided.


Missing Pieces: A Cognitive Approach To Law, Pierre Schlag Jan 1989

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

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No abstract provided.


Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag Jan 1988

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

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No abstract provided.


Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag Jan 1987

Fish V. Zapp: The Case Of The Relatively Autonomous Self, Pierre Schlag

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No abstract provided.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …