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Articles 1 - 30 of 576
Full-Text Articles in Law
The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
The Made And The Made-Up, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Truth is an ethical relation. Facts, whether descriptions of the physical world or of historical events, are necessarily mediated by our frames of reference. This contingency opens a space for disagreement that cannot be adjudicated by an absolute standard of truth. For those seeking power or profit, the temptation to exploit this state of undecidability is strong. When many question the institutions that broker meaning – science, the professions, the media – rumors, misinformation, deliberate distortions and falsehoods all proliferate. In the digital age, the ‘made’ is swiftly supplanted by the made-up. The remedy for this predicament is not technological …
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Bridges Of Law, Ideology, And Commitment, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law
Law Faculty Research Publications
Law has a distinctive temporal structure—an ontology—that defines it as a social institution. Law knits together past, present, purpose, and projected future into a demand for action. Robert Cover captures this dynamic in his metaphor of law as a bridge to an imagined future. Law’s orientation to the future necessarily poses the question of commitment or complicity. For law can shape the future only when people act to make it real. Cover’s bridge metaphor provides a lens through which to explore the complexities of law’s ontology and the pathologies that arise from its neglect or misuse. A bridge carries us …
'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter
'Who' Or 'What' Is The Rule Of Law?, Steven L. Winter
Law Faculty Research Publications
The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions …
Does Justice Have A Syntax?, Steven L. Winter
Does Justice Have A Syntax?, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund
Sex Offenders And The Free Exercise Of Religion, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Confrontation In The Age Of Plea Bargaining [Comments], William Ortman
Law Faculty Research Publications
No abstract provided.
Objective Punishment, Anthony M. Dillof
Objective Punishment, Anthony M. Dillof
Law Faculty Research Publications
Should the punishment fit the criminal as well as the crime? The article argues that idiosyncratic features of the criminal that might affect subjective punishment experience should not be considered when assessing the severity of the punishment for proportionality purposes.
Bankruptcy And The Deceased Debtor: Rule 1016 In Practice, Laura B. Bartell
Bankruptcy And The Deceased Debtor: Rule 1016 In Practice, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
The Defender General, Daniel Epps, William Ortman
The Defender General, Daniel Epps, William Ortman
Law Faculty Research Publications
No abstract provided.
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Title Ix & The Civil Rights Approach To Sexual Harassment In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Keeping Faith With Nomos, Steven L. Winter
Keeping Faith With Nomos, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
Law Faculty Research Publications
No abstract provided.
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
An Argument For Explicit Public Health Rationale In Lgbtq Antidiscrimination Law As A Tool For Stigma Reduction, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
Reconsidering Thornton V. Caldor, Christopher C. Lund
Reconsidering Thornton V. Caldor, Christopher C. Lund
Law Faculty Research Publications
No abstract provided.
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Contract Consentability: Autonomy Threats, Benefits, And Framing, Eric A. Zacks
Law Faculty Research Publications
No abstract provided.
Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin
Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
When Plea Bargaining Became Normal, William Ortman
When Plea Bargaining Became Normal, William Ortman
Law Faculty Research Publications
No abstract provided.
Lobbying Against The Odds, Kirsten Matoy Carlson
Lobbying Against The Odds, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks
Law Faculty Research Publications
No abstract provided.
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Stern Claims And Article Iii Adjudication - The Bankruptcy Judge Knows Best, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.
Lobbying Against The Odds, Kirsten Matoy Carlson
Lobbying Against The Odds, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Advising The Smart City: When Artificial Intelligence And Big Data Are The Subject Of Professional Advice, What Is A Government Lawyer To Do?, Jamila Jefferson-Jones
Advising The Smart City: When Artificial Intelligence And Big Data Are The Subject Of Professional Advice, What Is A Government Lawyer To Do?, Jamila Jefferson-Jones
Law Faculty Research Publications
No abstract provided.
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder
Law Faculty Research Publications
No abstract provided.
Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo
Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo
Law Faculty Research Publications
No abstract provided.
Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe
Social Work As An Important Collaborator In Transdisciplinary Public Health Law: Why Does It Matter And Where Does It Fit?, Heather A. Walter-Mccabe
Law Faculty Research Publications
No abstract provided.
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Lgbtq+ Individuals, Health Inequities, And Policy Implications, Heather A. Walter-Mccabe, Killian M. Kinney
Law Faculty Research Publications
No abstract provided.
Waters Of The State, Noah D. Hall, Joseph Regalia
Waters Of The State, Noah D. Hall, Joseph Regalia
Law Faculty Research Publications
No abstract provided.
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Forced Technology Transfer And The Us-China Trade War: Implications For International Economic Law, Julia Ya Qin
Law Faculty Research Publications
No abstract provided.
Second-Best Criminal Case, William Ortman
Second-Best Criminal Case, William Ortman
Law Faculty Research Publications
No abstract provided.
Tax Foreclosures As Fraudulent Transfers - Are Auctions Really Necessary, Laura B. Bartell
Tax Foreclosures As Fraudulent Transfers - Are Auctions Really Necessary, Laura B. Bartell
Law Faculty Research Publications
No abstract provided.