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Full-Text Articles in Law

Profiling Racial Profiles: Challenges From Political Discourse, Ibpp Editor May 2001

Profiling Racial Profiles: Challenges From Political Discourse, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems in evaluating the validity and appropriateness of racial profiles based on reactance with political discourse on such profiles.


The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison Jan 2001

The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.


Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz Jan 2001

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the ...


The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg Jan 2001

The Symbiotic Circle Of Community: A Comparative Investigation Of Deviance Control In Intentional Communities, Zachary Rothenberg

Cleveland State Law Review

With each community considered, I will try to paint a picture of the many collectivizing factors at work: (1) the history or tradition of the community; (2) its underlying ideology, belief and value systems, and/or common interests or goals; (3) the nature of its communalism; (4)the nature of its isolation from the outside world; and (5) its decision-making and governance structure. Finally, I will look to its "gate-keeping" or circumference-drawing functions-how the community controls deviance and maintains unity within, while distinguishing itself from the chaos without. In Section I, I will consider two extreme examples of community (the ...


Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra Jan 2001

Law And The "Other": Karl N. Llewellyn, Cultural Anthropology, And The Legacy Of The Cheyenne Way, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake Jan 2001

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct ...


What's My Copy Right?, Michael J. Madison Jan 2001

What's My Copy Right?, Michael J. Madison

Articles

This piece consists of an early 21st century whimsy, a dialogue that borrows and blends history and humor to illustrate some puzzles of copyright law in the context of digital technology (with references to Folsom v. Marsh and Abbott & Costello).