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Articles 1 - 20 of 20
Full-Text Articles in Law
Why Basic Liberties Are Bilateral, James W. Nickel
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Thinking Like A Lawyer Or Acting Like A Judge: A Response To Professor Simon, David Yellen
Articles
Professor William Simon argues that the principal professional responsibility of all lawyers should be to "seek justice."' He defines this as pursuing the client's rights, but not the client's interests, if those interests are incompatible with the "truth." As a concrete example of this approach, Professor Simon states that it would normally be inappropriate for a lawyer to subject a vulnerable, but accurate, witness to cross examination intended to create the impression that the witness' testimony was mistaken.
In my view, Professor Simon's position would not really further "justice" at all. In these brief comments, by focusing on the likely …
Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably
Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably
Articles
No abstract provided.
The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs
The Constricted Meaning Of "Community" In Community Policing, Mary I. Coombs
Articles
No abstract provided.
Stop And Frisk And Substantive Criminal Law Panel: Introduction, Mary I. Coombs
Stop And Frisk And Substantive Criminal Law Panel: Introduction, Mary I. Coombs
Articles
No abstract provided.
The Empire Strikes Back, A. Michael Froomkin
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky
Articles
No abstract provided.
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
"We're All Stuck Here For A While": Law And The Social Construction Of The Black Male, D. Marvin Jones
Articles
No abstract provided.
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Capital Jury And Absolution: The Intersection Of Trial Strategy Remorse And The Death Penalty, Scott E. Sundby
Articles
No abstract provided.
Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman
Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman
Articles
No abstract provided.
Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes
Religion, Gender, Sexuality, Race And Class In Coalitional Theory: A Critical And Self-Critical Analysis Of Latcrit Social Justice Agendas, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Sexual Dis-Orientation: Transgendered People And Same-Sex Marriage, Mary I. Coombs
Articles
In this Article, Professor Coombs argues that the debate about same-sex marriage has wrongfully ignored transgendered people and their relationships. She provides an overview of arguments made by opponents of same-sex marriage, such as tradition, procreation, child-rearing, and family values. She then examines cases involving transsexual marriages and uses this analysis to deconstruct the same-sex marriage debate. Professor Coombs argues that an honest consideration of transgendered people and their relationships forces a re-evaluation of arguments against same-sex marriage and disrupts the gendered patriarchy on which traditional marriage rests. Marriage should be seen as a relationship between two people, regardless of …
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Out Of The Shadow: Marking Intersections In And Between Asian Pacific American Critical Legal Scholarship And Latina/O Critical Legal Theory, Elizabeth M. Iglesias
Articles
No abstract provided.
Race Trials, Anthony V. Alfieri
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Article 2b As Legal Software For Electronic Contracting-Operating System Or Trojan Horse?, A. Michael Froomkin
Articles
The proposed draft of Article 2B of the Uniform Commercial Code can be thought of as akin to a complex computer software suite which seeks to dominate a market by offering all things to all people. The author suggests, however, that Article 2B's electronic contracting rules interoperate poorly with existing digital signature laws, and with some forms of electronic commerce. The author also questions whether Article 2B is the proper means to enact controversial rules that ordinarily would make consumers liable for fraudulent uses of their digital signatures by third parties. After considering Article 2B's potential interaction with existing digital …
Afterword Beyond Sexual Orientation In Queer Legal Theory: Majoritarianism, Multidimensionality, And Responsibility In Social Justice Scholarship Or Legal Scholars As Cultural Warriors, Francisco Valdes
Articles
No abstract provided.
Reflections On Teaching In Chile, Janet Stearns
Judicial Reform In Brazil, Keith S. Rosenn
Judicial Reform In Brazil, Keith S. Rosenn
Articles
Judicial reform is currently a hotly debated topic in Brazil. The call for reform of the Brazilian judiciary, however, is anything but new. The Brazilian judiciary has been in a state of crisis since colonial days, and despite numerous attempts at reform, it remains in crisis. With the privatization of Brazil's state-owned enterprises, the growth of Mercosur, the urgent need to make Brazilian firms competitive in world markets, the emphasis upon attracting foreign investment, and the opening of Brazil's economy to foreign competition, Brazilian political leadership began to focus upon ways to reform Brazil's malfunctioning judicial system. Unfortunately, the proposed …
An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby
An Ode To Probable Cause: A Brief Response To Professors Amar And Slobogin, Scott E. Sundby
Articles
No abstract provided.
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Domestic Violence In Black And White: Racialized Gender Stereotypes In Gender Violence, Zanita E. Fenton
Articles
No abstract provided.