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Articles 1 - 6 of 6
Full-Text Articles in Law
Planning For Legality, Jeremy Waldron
Planning For Legality, Jeremy Waldron
Michigan Law Review
What is law like? What can we compare it with in order to illuminate its character and suggest answers to some of the perennial questions of jurisprudence? Natural lawyers compare laws to moral propositions. A human law is an attempt by someone who has responsibility for a human community to replicate, publicize, and enforce a proposition of objective morality such as "Killing is wrong." Law is like moral reasoning, say the natural lawyers, and laws should be regarded as principles of right reason (principles that reason dictates as answers to the moral questions that need to be addressed in human …
Purple Haze, Clare Huntington
Purple Haze, Clare Huntington
Michigan Law Review
It takes only a glance at the headlines every political season-with battles over issues ranging from abortion and abstinence-only education to same-sex marriage and single parenthood-to see that the culture wars have become a fixed feature of the American political landscape. The real puzzle is why these divides continue to resonate so powerfully. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, Naomi Cahn and June Carbone offer an ambitious addition to our understanding of this puzzle, illustrating pointedly why it is so hard to talk across the political divide. In a telling anecdote in the …
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Disgust And The Problematic Politics Of Similarity, Courtney Megan Cahill
Michigan Law Review
Martha Nussbaum's latest book, From Disgust to Humanity: Sexual Orientation & Constitutional Law, could not have come at a more opportune time in the history of gay rights in the United States. All signs point to progress toward "humanity," from same-sex couples' successful bids for marriage equality in a handful of states to the public's increasing acceptance of the prospect of gays and lesbians serving openly in the military. Even if recent cognitive science research indicates that same-sex relationships provoke more than a little disgust in some people, landmark marriage-equality victories in a few states suggest that the law is …
Home Is Where The Crime Is, I. Bennett Capers
Home Is Where The Crime Is, I. Bennett Capers
Michigan Law Review
Think of home. Go on. Maybe not your parents' home, which for this reviewer would be enough to induce heavy breathing and general anxiety. Rather, think about the concept of home. Think about the idea of home. Think about Home with a capital letter. Think of home as in The Wizard of Oz and Dorothy's famous "There's no place like home." Think "home sweet home." Or "home is where the heart is." Go on. Of course, there may be other associations that come to mind when one thinks of home. There's security. Safety. Control. Home rule. After all, in the …
But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe
But How Will The People Know? Public Opinion As A Meager Influence In Shaping Contemporary Supreme Court Decision Making, Tom Goldstein, Amy Howe
Michigan Law Review
Chief Justice John Roberts famously described the ideal Supreme Court Justice as analogous to a baseball umpire, who simply "applies" the rules, rather than making them. Roberts promised to "remember that it's my job to call balls and strikes and not to pitch or bat." At her own recent confirmation hearings, Elena Kagan demurred, opining that Roberts's metaphor might erroneously suggest that "everything is clear-cut, and that there's no judgment in the process." Based on his 2009 book, The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution, Barry Friedman …
Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit
Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit
Michigan Law Review
Martha Nussbaum' describes Not For Profit: Why Democracy Needs the Humanities-her paean to a humanities-rich education-as a "manifesto, not an empirical study" (p. 121). Drawing on contemporary psychological research and classic pedagogical theories, Nussbaum convincingly argues that scholastic instruction in the humanities is a critical tool in shaping democratic citizens. Nussbaum shows how the study of subjects like literature, history, philosophy, and art helps students build essential democratic capacities like empathy and critical thought. Through myriad examples and anecdotes, Not For Profit sketches an appealing vision of what an ideal education should be in a democracy.