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Articles 1 - 19 of 19
Full-Text Articles in Law
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Journal Articles
No abstract provided.
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
Journal Articles
In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
Journal Articles
No abstract provided.
Pierre Schlag And The Temple Of Boredom, David A. Westbrook
Pierre Schlag And The Temple Of Boredom, David A. Westbrook
Journal Articles
No abstract provided.
Coercion, Contract And Free Labor In The Nineteenth Century (A Response To Gunther Peck), Robert J. Steinfeld
Coercion, Contract And Free Labor In The Nineteenth Century (A Response To Gunther Peck), Robert J. Steinfeld
Journal Articles
No abstract provided.
Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold
Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold
Journal Articles
No abstract provided.
Coherence Or Bust: Telling Tales About Election Law, James A. Gardner
Coherence Or Bust: Telling Tales About Election Law, James A. Gardner
Journal Articles
No abstract provided.
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew
Journal Articles
Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …
Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly
Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly
Journal Articles
No abstract provided.
Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner
Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner
Journal Articles
No abstract provided.
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller
Journal Articles
Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for nearly …
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Journal Articles
No abstract provided.
A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly
A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly
Journal Articles
No abstract provided.
Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French
Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French
Journal Articles
No abstract provided.
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey
Journal Articles
In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A close examination …
Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey
Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey
Journal Articles
No abstract provided.
What Do Clients Want? What Do Lawyers Do?, Lynn Mather
What Do Clients Want? What Do Lawyers Do?, Lynn Mather
Journal Articles
No abstract provided.
Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook
Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook
Journal Articles
No abstract provided.
Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook
Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook
Journal Articles
No abstract provided.