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Articles 1 - 7 of 7
Full-Text Articles in Law
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Surrogacy And The Politics Of Commodification, Elizabeth S. Scott
Law and Contemporary Problems
Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.
Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern
Residential Protectionism And The Legal Mythology Of Home, Stephanie M. Stern
Michigan Law Review
The theory that one's home is a psychologically special form of property has become a cherished principle of property law, cited by legislators and touted extensively in the legal scholarship. Influential scholars, most notably Margaret Radin, have asserted that ongoing control over one's home is necessary for an individual's very personhood and ability to flourish in society. Other commentators have expounded a communitarian vision of the home as rooting individuals in communities of close-knit social ties. Remarkably, the legal academy has accepted these theoretical accounts of the home without demanding a shred of empirical evidence. The misplaced belief in the …
Governing Pluralistic Societies, Tom Tyler
Governing Pluralistic Societies, Tom Tyler
Law and Contemporary Problems
Societies can be held together in many ways. Historically, many groups were linked by a common history, common ethnicity, and common religious and social values. These societies shared a unified set of norms dictating right and wrong. Other groups have been held together by charismatic leaders who present a unifying vision, but modern pluralistic society, uniquely, accepts a diversity of views about what is appropriate and reasonable, which makes these forms of authority difficult to enact. The form of authority emerging in western democratic states has been, instead, authority based upon the processes of government: people recognize democratic procedures as …
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …
A Sociological Approach To Misappropriation, Elizabeth A. Rowe
A Sociological Approach To Misappropriation, Elizabeth A. Rowe
Elizabeth A Rowe
This paper is grounded on the premise that sociological analysis can be of great benefit to trade secret law. More specifically, a sociological approach can improve our understanding of the social factors involved in the complex interplay between legal doctrine and compliance. As the first article to apply sociological analysis to trade secret law, this paper uses a group which constitutes the largest segment of the workforce, namely, Generation X and Generation Y (collectively referred to and coined in the Article as “New Generation Employees”) as a case study for analyzing how values and social norms influence compliance with trade …
Future Of Mediation: A Sociological Perspective, The, Brian Jarrett
Future Of Mediation: A Sociological Perspective, The, Brian Jarrett
Journal of Dispute Resolution
Arguably, these sociological pressures are central to the future direction of the mediation field and, in the aggregate, provide a useful building block in the development of an emerging sociology of mediation-a development that could fill the theory-to-practice gap which currently bedevils the mediation field. Understanding sociological forces reminds us of the constraints within which mediators, as social actors, must work. More importantly, an awareness of these pressures is, conceivably, essential to the development of an autonomous and discernible profession that remains capable of welcoming a diversity of practitioners and their respective approaches. I summarize each of these pressures below …
The Financial Sector Upheaval Of 2008: Sociological Antecedents And Their Implications For Investment Company Regulation, Larry Barnett
The Financial Sector Upheaval Of 2008: Sociological Antecedents And Their Implications For Investment Company Regulation, Larry Barnett
Larry D Barnett
In 2008, the United States experienced a severe contraction in the availability of credit, a marked reduction in the price of common stocks, and an appreciable increase in interest rates on debt instruments issued by business entities and by state and local governments. The premise of the instant article is that, although this upheaval was economic in form and sudden in occurrence, it stemmed from change that was sociological in character and that started in prior decades. Specifically, the 2008 upheaval in finance is traced to a shift in social values among Americans - namely, an increased prevalence of hedonism …