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Full-Text Articles in Law

Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua Jul 1999

Shifting Bottoms And Rotating Centers: Reflections On Latcrit Iii And The Black/White Paradigm, Athena D. Mutua

Journal Articles

This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms, and models.

Specifically, it asks: What group should be at the center of a given study or enterprise? Whose faces are at the bottom of the well and What model shall we use to analyze a given situation? The questions are complex, but LatCrit is attempting to address these complexities, not only in theory but in practice. Institutionally, …


The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips Jul 1999

The Convergence Of The Critical Race Theory Workshop With Latcrit Theory: A History, Stephanie L. Phillips

Journal Articles

No abstract provided.


Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner Jun 1999

Stop Me Before I Quantify Again: The Role Of Political Science In The Study Of Election Law, James A. Gardner

Journal Articles

No abstract provided.


The African Human Rights Court: A Two-Legged Stool?, Makau Mutua May 1999

The African Human Rights Court: A Two-Legged Stool?, Makau Mutua

Journal Articles

This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.


Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook Mar 1999

Administrative Takings: A Realist Perspective On The Practice And Theory Of Regulatory Takings Cases, David A. Westbrook

Journal Articles

No abstract provided.


Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent Mar 1999

Oppression, Lies, And The Dream Of Autonomy, Judy Scales-Trent

Journal Articles

No abstract provided.


The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright Feb 1999

The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented?, Jeffrey Rosen, James A. Gardner, Gary Peller, Edward Still, Brenda Wright

Journal Articles

No abstract provided.


Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley Jan 1999

Guarding The Gate To The Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role To Remake Tort Causation Rules, Lucinda M. Finley

Journal Articles

The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.


Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner Jan 1999

Devolution And The Paradox Of Democratic Unresponsiveness, James A. Gardner

Journal Articles

No abstract provided.


Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold Jan 1999

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.


Langdell's Auto-Da-Fé, John Henry Schlegel Jan 1999

Langdell's Auto-Da-Fé, John Henry Schlegel

Journal Articles

No abstract provided.


African Women In France: Immigration, Family And Work, Judy Scales-Trent Jan 1999

African Women In France: Immigration, Family And Work, Judy Scales-Trent

Journal Articles

No abstract provided.


Ingos As Political Actors, Makau Mutua Jan 1999

Ingos As Political Actors, Makau Mutua

Journal Articles

No abstract provided.


"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger Jan 1999

"Private" Environmental Regulation, Human Rights, And Community, Errol E. Meidinger

Journal Articles

Private organizations have recently established numerous programs aimed at improving the environmental performance of industry. Many of the new programs seek to define and enforce standards for environmental management, and to make it difficult for producers not to participate in them. They claim, explicitly and implicitly, to promote the public interest. They take on functions generally performed by government regulatory programs, and may change or even displace government programs. Private programs thus have the potential to significantly reshape domestic and international policy institutions.

This paper describes three major private environmental regulatory programs applicable to forestry and discusses their implications for …


From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French Jan 1999

From Yoder To Yoda: Traditional, Modern And Postmodern Models Of Religion In U.S. Constitutional Law, Rebecca Redwood French

Journal Articles

No abstract provided.


The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas Jan 1999

The Political Spectator: Censorship, Protest And The Moviegoing Experience, 1912-1922, Samantha Barbas

Journal Articles

No abstract provided.


Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder Jan 1999

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …


1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel Jan 1999

1998 Presidential Address—Making Connections: Law And Society Researchers And Their Subjects, David M. Engel

Journal Articles

This essay explores the theme of the 1998 annual meeting of the Law and Society Association: "Making Connections across Disciplines, Theories, and Methods," focusing in particular on the connections between researcher and subject and between researcher and researcher. The essay discusses three recent articles, by Joseph Sanders and V. Lee Hamilton, by Barbara Yngvesson, and by Margaret Montoya. These articles illustrate recent creative efforts by law and society researchers to forge new kinds of connections to their subjects. The articles also illustrate fundamentally different conceptions of the role of the researcher and of the methodologies on which sociolegal studies might …