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Full-Text Articles in Law
Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz
Rediscovering Francis Lieber: An Afterward And Introduction, Michael Herz
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No abstract provided.
Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson
Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson
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No abstract provided.
The Identity Of The Constitutional Subject, Michel Rosenfeld
The Identity Of The Constitutional Subject, Michel Rosenfeld
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No abstract provided.
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
Articles
No abstract provided.
Virtue And Inculpation, Kyron J. Huigens
Virtue And Inculpation, Kyron J. Huigens
Articles
This article sets forth a general theory of the justification of legal punishment based on virtue ethics and republican political theory. Criminal law serves not only to deter and take retribution, but also to inculcate virtue. This theory explains why, for example, people do not consciously abide by law. They just do, because they have no desire to do things that are contrary to the criminal law. This conception of virtue as well-ordered desire is distinctively Aristotelian. The political justification for inculcating virtue by means of criminal law is the classic republican conception of government as being devoted specifically to …
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
Translating Legendre Or, The Poetical Sermon Of A Contemporary Jurist, Peter Goodrich
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No abstract provided.
The Legality Of Humanitarian Intervention, Malvina Halberstam
The Legality Of Humanitarian Intervention, Malvina Halberstam
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No abstract provided.
Law, Force, And The Russian Media, Monroe E. Price
Freud As Law Professor: An Alternative History, Charles M. Yablon
Freud As Law Professor: An Alternative History, Charles M. Yablon
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No abstract provided.
Tripartite Voidable Preferences, David G. Carlson
Tripartite Voidable Preferences, David G. Carlson
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This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky
Articles
In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Articles
No abstract provided.