Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 29 of 29
Full-Text Articles in Law
The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux
The Unforgiving: Reflections On The Resistance To Forgiveness After Atrocity, Thomas Brudholm, Valérie Rosoux
Law and Contemporary Problems
Brudholm and Rosoux question the ethics of having religious and political leaders call on individual victims to forgive wrongdoing as an aid to group-conflict resolution. Even though a group might strongly desire political stability and peace, these goals should not be obtained at the expense of the needs of the victim. They argue that even when the group strongly desires reconciliation, reconciliation does not necessarily require forgiveness. They also consider several actual examples of resistance with particular concentration on the reflections of two genocide survivors, namely Jean Amery and Esther Mujawayo.
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Victims, “Closure,” And The Sociology Of Emotion, Susan A. Bandes
Law and Contemporary Problems
Bandes discusses the polarizing function of victim impact statements used in the context of the death penalty. The use of victim impact statements is justified in order to promote closure for the victim, but it's unclear what psychological closure can be accomplished from the formal litigation process. Even if victim impact statements do help their authors, in the context of the death penalty the authors are family members of the victim, not the direct victim, and Bandes questions whether it's important to further their interests at the expense of the interests of the defendant. The only recourse for the jury …
The Invention Of Traditional Knowledge, Madhavi Sunder
The Invention Of Traditional Knowledge, Madhavi Sunder
Law and Contemporary Problems
Sunder argues that the failure of intellectual property to recognize the contributions of traditional and natural sources cannot be rectified by mere payment and she posits a non-monetizable, non-utilitarian benefit in terms of worth or dignity in having one's contribution as the subject labelled of an intellectual property right. Foregrounding the important role of "raw materials" in the process of innovation, cultural environmentalism helped provide a theoretical and political basis for recognition and recompense for the purveyors of those raw materials-often indigenous peoples who have cultivated the earth's biodiversity and who hold "traditional knowledge" about that biodiversity. Moreover, focus on …
Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy
Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy
Law and Contemporary Problems
Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.
Speech And Strife, Robert L. Tsai
Speech And Strife, Robert L. Tsai
Law and Contemporary Problems
Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Racial Auditors And The Fourth Amendment: Data With The Power To Inspire Political Action, Andrew E. Taslitz
Law and Contemporary Problems
Taslitz discusses the current practice of racial auditing as a method of police regulation. Racial auditing relies on the strategy of using independent investigators to disseminate data about an organization to broader publics. Racial auditors, however, are not accountants but rather human rights organizations.
Drug Wars In Black And White, Joseph E. Kennedy
Drug Wars In Black And White, Joseph E. Kennedy
Law and Contemporary Problems
The debate over the racial complexion of the war against drugs often devolves into a clash of fundamental assumptions that are difficult to either validate or refute. Ultimately, however, the criminal justice system is destined to find crime only where it looks for crime.
Race, Crime, And Institutional Design, Erik Luna
Race, Crime, And Institutional Design, Erik Luna
Law and Contemporary Problems
Minorities are gravely overrepresented in every stage of the criminal process--from pedestrian and automobile stops, to searches and seizures, to arrests and convictions, to incarceration and capital punishment. While racial data can provide a snapshot of the current state of affairs, such information rarely satisfies questions of causation, and usually only sets the scene for normative theory.
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Culture And Causality: Non-Western Systems Of Explanation, William M. O'Barr
Law and Contemporary Problems
The logic of some other systems of thought, explanation, and prediction are discussed, in order to find what can be learned about the sociocultural contexts and their functions in other cultures. The truths they may represent are about the human quest to understand causes and effects.
Rationalism And Empiricism In Modern Medicine, Warren Newton
Rationalism And Empiricism In Modern Medicine, Warren Newton
Law and Contemporary Problems
The roots of rationalism and empiricism in the Hippocratic tradition are explored. The triumph of the rationalists in the founding of modern medicine is emphasized. The development of clinical epidemiology and the evidence-based medicine over the last 30 years is described. The tension illuminates fundamental clinical and policy questions that doctors, the health care system, and the legal system confront today.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Beyond “It Just Ain’T Worth It”: Alternative Strategies For Damage Class Action Reform, Deborah R. Hensler, Thomas D. Rowe Jr.
Law and Contemporary Problems
No abstract provided.
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser
Law and Contemporary Problems
What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.
Chinese Privatization: Between Plan And Market, Lan Cao
Chinese Privatization: Between Plan And Market, Lan Cao
Law and Contemporary Problems
Since 1978, when China adopted its open-door policy and allowed its economy to be exposed to the international market, it has produced an economy with one of the most rapid growth rates in the world. Cao examines the general framework and other related issues associated with the privatization debate of the Chinese economy.
Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps
Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps
Law and Contemporary Problems
Focusing on Canada, Philipps argues that recent efforts to revise important facets of the income tax system are best understood through the lens of privatization. By promoting personal responsibility, the tax code is contributing to the erosion of the ideal of social citizenship and replacing it with a new model of market citizenship.
Racial Disparity And The Death Penalty, John C. Mcadams
Racial Disparity And The Death Penalty, John C. Mcadams
Law and Contemporary Problems
McAdams examines the rhetoric and data supporting the "mass market" version of the racial disparity thesis. The system is racist in that it punishes those who kill whites more severely than those who kill blacks.
“For The United States”: Government Lawyers In Court, Patricia M. Wald
“For The United States”: Government Lawyers In Court, Patricia M. Wald
Law and Contemporary Problems
Wald provides a largely impressionistic view of governmental layering in court.
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Law and Contemporary Problems
Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.
Comment: Passions And Passivity, Bruce A. Wolk
Comment: Passions And Passivity, Bruce A. Wolk
Law and Contemporary Problems
Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.
Epa’S Organizational Structure, Alfred A. Marcus
Epa’S Organizational Structure, Alfred A. Marcus
Law and Contemporary Problems
The origins and early history of the EPA are reviewed. The US might have had better natural resource and environmental protection policies if some of the principles of comprehensive environmental management considered at EPA's founding had been followed.
The Social Transformation Of Vice, Jerome H. Skolnick
The Social Transformation Of Vice, Jerome H. Skolnick
Law and Contemporary Problems
No abstract provided.
The Touchables: Vice And Police Corruption In The 1980’S, John Dombrink
The Touchables: Vice And Police Corruption In The 1980’S, John Dombrink
Law and Contemporary Problems
No abstract provided.
Homosexuality And Social Policy: The Case For A More Informed Approach, D. J. West
Homosexuality And Social Policy: The Case For A More Informed Approach, D. J. West
Law and Contemporary Problems
No abstract provided.
Malpractice Reform Through Consumer Choice And Consumer Education: Are New Concepts Marketable?, Max W. Fine, Jonathan H. Sunshine
Malpractice Reform Through Consumer Choice And Consumer Education: Are New Concepts Marketable?, Max W. Fine, Jonathan H. Sunshine
Law and Contemporary Problems
No abstract provided.
The Unworthy Victim: Police Discretion In The Credibility Call, H. Richard Uviller
The Unworthy Victim: Police Discretion In The Credibility Call, H. Richard Uviller
Law and Contemporary Problems
No abstract provided.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Consequences Of Compliance And Deterrence Models Of Law Enforcement For The Exercise Of Police Discretion, Albert J. Reiss Jr.
Law and Contemporary Problems
No abstract provided.
Economic Underdevelopment And The Population Explosion: Implications For U.S. Immigration Policy, Richard R. Hofstetter
Economic Underdevelopment And The Population Explosion: Implications For U.S. Immigration Policy, Richard R. Hofstetter
Law and Contemporary Problems
No abstract provided.
“Religion As An Engine Of Civil Policy”: A Comment On The First Amendment Limitations On The Church-State Partnership In The Social Welfare Field, Thomas W. Pickrell, Mitchell A. Horwich
“Religion As An Engine Of Civil Policy”: A Comment On The First Amendment Limitations On The Church-State Partnership In The Social Welfare Field, Thomas W. Pickrell, Mitchell A. Horwich
Law and Contemporary Problems
No abstract provided.
Federalism And Social Change, Terrance Sandalow
Federalism And Social Change, Terrance Sandalow
Law and Contemporary Problems
No abstract provided.
The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard
The Burger Court: A Judicial Nonet Plays The Enigma Variations, A. E. Dick Howard
Law and Contemporary Problems
No abstract provided.