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Articles 1 - 11 of 11
Full-Text Articles in Law
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Articles & Chapters
If a world is to be lived in, it must be founded. This foundational function belongs to the sovereign imagination. What a polity names as sovereign in the state of exception, when the sacred irrupts anew, is a matter of individual and collective responsibility. In this dispensation, law, politics, and religion become inescapably entangled in metaphysics. It behooves us to understand the nature and consequences of this state of affairs.
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Justice Anthony Kennedy's Free Speech Legacy [Comments], Nadine Strossen
Articles & Chapters
Justice Kennedy has been hailed by free speech advocates as a leading free speech champion. In contrast, other experts have not only criticized particular opinions and votes by Justice Kennedy that rejected free speech claims, but they also have maintained that Justice Kennedy specifically declined to protect speech that was at odds with his conservative political and religious views. It is certainly true that Justice Kennedy did not uphold freedom of speech in some important contexts, including when the Government asserted countervailing national security or "War on Drugs" concerns. However, in other important cases, Justice Kennedy showed courage in defending …
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Empathy And Reasoning In Context: Thinking About Anti-Gay Bullying, Kris Franklin
Articles & Chapters
“Empathy” has negative connotations for many legal theorists, who may conceive of it as subjective, lacking in intellectual rigor, and emphasizing sensitivity over reason. Even those legal scholars who have embraced the importance of empathy in legal work have emphasized its affective dimensions: pointing out that empathy is central to human relations and motivations, and is therefore a crucial lawyering skill. This paper builds on social science literature that identifies both cognitive and affective dimensions to empathy, and recasts empathy as in part a central component to higher-order thinking in law. It draws examples from empathetic reasoning in foundational cases …
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin
What Screen Do You Have In Mind? Contesting The Visual Context Of Law And Film Studies, Richard K. Sherwin
Articles & Chapters
Law on the screen gives rise to a distinct way of doing jurisprudence. In this sense, it is incumbent upon legal scholars to discern with great care the kind of reality and the way of being that cinematic and electronic screens invite us to assume. Jurisprudence theorizes law in accordance with the cultural and cognitive meaning making tools at its disposal: story frames, character types, social scenarios, metaphors, as well as cultural and socially embedded or constructed emotional patterns, among other narratival and purely sensational elements. Law and film studies thus may be viewed as encompassing a larger concern with …
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
The Authoritative Moment: Exploring The Boundaries Of Interpretation In The Recognition Of Queer Families, Kris Franklin
Articles & Chapters
This article examines the boundaries of judicial interpretation as courts struggle to define the families formed by lesbians, gay men and transexuals. It compares the jurisprudence of numerous state courts examining queer families in different contexts. The article identifies three interwoven components of judicial reasoning: "lex" reasoning, grounded in the jurisdiction's binding and persuasive law; factual reasoning in which the courts must categorize queer families as analogous to those the law already recognizes or instead as something quite new and distinct; and finally methodological reasoning, in which courts self-consciously examine the boundaries of their own interpretive authority. Showing that in …
Theory Saved My Life, Kris Franklin
Theory Saved My Life, Kris Franklin
Articles & Chapters
In part a tribute to the groundbreaking work of legal theorist Ruthann Robson, this article argues that theory and theorizing are under-examined yet basic skills which must be taught to all beginning law students. Positing that in order to be effective in law school and legal culture law students must learn to see, construct, deconstruct and use legal theories, the article articulates several common approaches to basic legal pedagogy and asks how they might be enhanced if pedagogy is embedded in a theoretical comprehension of thestudents' roles as interpreters of law. The article offers as examples artwork far removed from …
The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin
The Sanist Lives Of Jurors In Death Penalty Cases: The Puzzling Role Of Mitigating Mental Disability Evidence, Michael L. Perlin
Articles & Chapters
No abstract provided.
Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.
Book Review Of The Constitution Besieged, By Howard Gillman, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin
Psychodynamics And The Insanity Defense: Ordinary Common Sense And Heuristic Reasoning, Michael L. Perlin
Articles & Chapters
No abstract provided.
American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.
American Jurisprudence Between The Wars: Legal Realism And The Crisis Of Democratic Theory, Edward A. Purcell Jr.
Articles & Chapters
No abstract provided.