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Law and Society

1993

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Articles 1 - 30 of 50

Full-Text Articles in Law

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle Nov 1993

Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle

Faculty Scholarship

Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited ...


1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation Sep 1993

1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation

Academy of Law Alumni Fellows

No abstract provided.


Police Authority, Respect And Shaming, Mark Findlay Jul 1993

Police Authority, Respect And Shaming, Mark Findlay

Research Collection School Of Law

This paper explores structures of police authority which seek legitimacy though consensus and respect within the ideology of community policing. Respect may be presented as one of the principal, voluntary bonding relationships within any community, and is proposed as a key to analysing the prevention and control potential of policing strategies. Shaming comes into the picture as an indicator of the impact of police authority within different community/cultural settings. While reintegration makes sense in terms of community symbolism, the significance of policing as part of the reintegrative process depends on its status and interaction with community interests.


Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout Jun 1993

Some Thoughts On Poverty And Failure In The Market For Children's Human Capital, Lynn A. Stout

Cornell Law Faculty Publications

No abstract provided.


Post-Totalitarian Politics, Guyora Binder May 1993

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic ...


Mindlessness And Nondurable Precautions, Paul J. Heald Apr 1993

Mindlessness And Nondurable Precautions, Paul J. Heald

Scholarly Works

Assuming initially that negligence law does not make the distinction between durable and nondurable precautions, this Article will first explain in economic terms why the failure of courts to take into account the cost of remembering may nonetheless be efficient. A substantial body of research on the phenomenon of mindless decisionmaking ("scripting") suggests that most remembering is automatic--a nonconscious response to frequently encountered patterns of stimuli. Script theory suggests that once the behavioral script is in place, an automatic response operates at a very low cost. If so, the failure of courts to account for the cost of remembering would ...


"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer Mar 1993

"But Whoever Treasures Freedom...": The Right To Travel And Extraterritorial Abortions, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.


Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts Jan 1993

Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Impoverished Practices, Anthony V. Alfieri Jan 1993

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.


Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer Jan 1993

Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer

Articles

No abstract provided.


Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney Jan 1993

Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney

Articles

No abstract provided.


Making America Competitive, Mark J. Loewenstein Jan 1993

Making America Competitive, Mark J. Loewenstein

Articles

No abstract provided.


Codifying Criminal Codes: Do Modern Codes Have It Right?, Paul H. Robinson Jan 1993

Codifying Criminal Codes: Do Modern Codes Have It Right?, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser Jan 1993

Note, Ackerman's Proposal For Popular Constitutional Lawmaking: Can It Realize His Aspirations For Dualist Democracy?, Philip J. Weiser

Articles

No abstract provided.


Sex Stories: A Review Of Sex And Reason, Margaret Chon Jan 1993

Sex Stories: A Review Of Sex And Reason, Margaret Chon

Faculty Scholarship

In this review of Sex Stories-A Review Of Sex And Reason by Richard A. Posner, Professor Chon explores the implications of Posner’s exuberant faith in bioeconomic reasoning, unalloyed by any of the late modernist or postmodernist challenges to the nature and limits of science and its transformative potential. In doing so, Professor Chon attempts three things. First, she discusses some of his sociobiological assertions in order to demonstrate that evolutionary biology consists of a much richer and more contradictory set of assertions than Posner would have us believe. Even within the empiricist framework, therefore, Posner leaves out many stories ...


Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch Jan 1993

Captive Courts: The Destruction Of Judicial Decisions By Agreement Of The Parties, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham Jan 1993

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

Articles

No abstract provided.


The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein Jan 1993

The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein

Articles

No abstract provided.


Race, Riots And The Rule Of Law, Deborah Waire Post Jan 1993

Race, Riots And The Rule Of Law, Deborah Waire Post

Scholarly Works

No abstract provided.


Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson Jan 1993

Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank Jan 1993

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts Jan 1993

Rust V. Sullivan And The Control Of Knowledge, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


International Trade Law And The Arbitration Of Administrative Law Matters: Farrel V. U.S. International Trade Commission, Ronald A. Brand Jan 1993

International Trade Law And The Arbitration Of Administrative Law Matters: Farrel V. U.S. International Trade Commission, Ronald A. Brand

Articles

With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or “statutory” matters, the situation has changed dramatically in the past few decades. United States courts now routinely order arbitration of disputes implicating important policy issues in securities, antitrust, Racketeer Influenced and Corrupt Organizations (“RICO”), and employment law matters. By the end of the 1980’s, the presence of a public or “statutory” issue seemed no longer to be a distinguishing factor; arbitration ...


Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel Jan 1993

Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel

Journal Articles

Origin stories are a distinctive form of narrative. In their account of how something "began to be," such stories connect past and present, clarify the meanings of important events, reaffirm core norms and values, and assert particular understandings of social order and individual identity. The parents of children with disabilities tell strikingly similar origin stories about the day their child was first diagnosed. Such stories not only explore the meanings of a transformative event but also draw implicit connections between past encounters with medical specialists and present encounters with educational specialists as mandated by an important federal statute. This article ...


A Tasty Tidbit (Review Essay), John Henry Schlegel Jan 1993

A Tasty Tidbit (Review Essay), John Henry Schlegel

Book Reviews

Reviewing Martin J. Horwitz, The Transformation of American Law 1870-1960: The Crisis of Legal Orthodoxy (1992).


Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen Jan 1993

Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.


Artifactions: The Battle Over The National Endowment For The Arts, Michael C. Dorf Jan 1993

Artifactions: The Battle Over The National Endowment For The Arts, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman Jan 1993

Street Harassment And The Informal Ghettoization Of Women, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.


Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang Jan 1993

Toward An Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, And Narrative Space, Robert S. Chang

Faculty Scholarship

As Asian Americans join the legal academy in growing numbers, they change the face of the academy and challenge its traditional legal doctrines. The author announces an "'Asian American Moment" in the legal academy and an opportunity to reverse the pattern of discrimination against Asian Americans. Traditional civil rights work and current critical race scholarship fail to address the unique issues for Asian Americans, including nativistic racism and the model minority myth. Space must be made in the legal academy for an Asian American Legal Scholarship and the narratives of Asian Americans. The author asserts that the rational-empirical mode is ...