Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett Nov 2017

There Are No Ordinary People: Christian Humanism And Christian Legal Thought, Richard W. Garnett

Journal Articles

This short essay is a contribution to a volume celebrating a new casebook, "Christian Legal Thought: Materials and Cases", edited by Profs. Patrick McKinley Brennan and William S. Brewbaker.


Prolegomenon To A Defense Of The City Of Gold, David A. Westbrook Mar 2017

Prolegomenon To A Defense Of The City Of Gold, David A. Westbrook

Journal Articles

In recent political contests, economics has been used as a subjective language of disputation and identification, contradicting the field's traditional aspirations to objectivity, even science. In both partisan politics and the related but not identical bifurcation between "populist" and "establishment" or "elite" discourse, positions have become routinized into antagonistic tropes. This poses a serious problem for the United States, which uses political discourse not only for politics, but to create social cohesion among disparate groups. More generally, elites bereft of Marx no longer have a grammar with which to conceptualize, critique, and ultimately defend the global liberal order that they …


Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson Jan 2017

Reimagining Accountability: A Move Toward Re-Entrenching The Higher Education Act, Twinette L. Johnson

Journal Articles

In 1964, while delivering his "Great Society Speech"' at the University of Michigan, President Lyndon B. Johnson stated that, "[e]ach year, more than 100,000 high school graduates, with proven ability, do not enter college because they cannot afford it." 2 In 1964, there were 1,037,000 students enrolled in college, according to the National Center for Education Statistics (NCES). 3 By 1965, President Johnson signed into law the Higher Education Act4 (HEA or the Act). "[T]he Act sought to bridge the ... gap for [economically and socially disadvantaged] citizens ... by providing [them] the means to pursue higher education." 5 The …


Money Norms, Julia Y. Lee Jan 2017

Money Norms, Julia Y. Lee

Journal Articles

Money norms present a fundamental contradiction. Norms embody the social sphere, a system of internalized values, unwritten rules, and shared expectations that informally govern human behavior. Money, on the other hand, evokes the economic sphere of markets, prices, and incentives. Existing legal scholarship keeps the two spheres distinct. Money is assumed to operate as a medium of exchange or as a tool for altering the payoffs of different actions. When used to make good behavior less costly and undesirable behavior more costly, money functions to incentivize, sanction, and deter. Although a rich literature on the expressive function of law exists, …


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig Jan 2017

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …