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Articles 1 - 10 of 10
Full-Text Articles in Law
Post-Totalitarian Politics, Guyora Binder
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 and antisocial …
Creating Pollution Prevention Incentives For Small Business: The Erie County Program, Barry Boyer
Creating Pollution Prevention Incentives For Small Business: The Erie County Program, Barry Boyer
Other Scholarship
No abstract provided.
The Ambiguity Of Legal Dreams: A Communitarian Defense Of Judicial Restraint, James A. Gardner
The Ambiguity Of Legal Dreams: A Communitarian Defense Of Judicial Restraint, James A. Gardner
Journal Articles
No abstract provided.
A Tasty Tidbit (Review Essay), John Henry Schlegel
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).
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder
Journal Articles
American constitutional interpretation is deeply traditionalist, and privileges original intent. The difficulty with thus authorizing the past in interpreting the Thirteenth Amendment is that it purports to abolish custom and tradition as unjust. This essay argues that, given the Amendment’s denunciation of the polity that enacted it as illegitimate, its questionable formal pedigree, and the agency of the slaves in precipitating, defining, and resolving the crisis that enabled it, the slaves have a moral claim to status as its authors. It follows that the original intent guiding interpretation should be that of the slaves themselves.
Making The Teamsters Safe For Democracy, George Kannar
Making The Teamsters Safe For Democracy, George Kannar
Journal Articles
No abstract provided.
What Is A State Constitution?, James A. Gardner
What Is A State Constitution?, James A. Gardner
Journal Articles
No abstract provided.
The Disabled Employee And Reasonable Accommodation Under The Minnesota Human Rights Act: Where Does Absenteeism Attributable To The Disability Fit Into The Law? Lindgren V. Harmon Glass Co., 489 N.W.2d 804 (Minn. Ct. App. 1992), Laura Reilly
Journal Articles
No abstract provided.
Origin Myths: Narratives Of Authority, Resistance, Disability, And Law, David M. Engel
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, …
Islamic International Law And Public International Law: Separate Expressions Of World Order, David A. Westbrook
Islamic International Law And Public International Law: Separate Expressions Of World Order, David A. Westbrook
Journal Articles
No abstract provided.