Law Commons^™

Seven Years Later, The Promise Of Ada Remains Unfilled, Randy Lee

Randy Lee

No abstract provided.

Whose Life Is It Anyway: A Proposal To Redistribute Some Of The Economic Benefits Of Cameras In The Courtroom From Broadcasters To Crime Victims, Stephen D. Easton

South Carolina Law Review

No abstract provided.

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

James M. Donovan

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

Doma: An Unconstitutional Establishment Of Fundamentalist Christianity, James M. Donovan

Law Faculty Scholarly Articles

This Article scrutinizes the constitutionality of the intent of the Defense of Marriage Act [DOMA]. According to the text of the Act, DOMA's purposes are "to define and protect the institution of marriage," where marriage is defined to exclude same-sex partners. To be constitutionally valid under the Establishment Clause, this notion that heterosexual marriage requires "protection" from gay and lesbian persons must spring from a secular and not religious source. This Article posits that DOMA has crossed this forbidden line between the secular and the religious. DOMA, motivated and supported by fundamentalist Christian ideology, and lacking any genuine secular goals …

The Second Time As Tragedy: The Assisted Suicide Cases And The Heritage Of Roe V. Wade, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Habermas's Discourse Theory Of Law And The Relationship Between Law And Religion, Mark C. Modak-Truran

Mark C Modak-Truran

Jürgen Habermas's discourse theory of law poignantly sets forth the modern legitimation crisis of law. Relying on Max Weber's social theory and sociology of law, he argues that the rationalization of society has eliminated religious and metaphysical justifications for law and has differentiated law from politics and morality. Law must now be legitimated based on its legality. The legal positivists (including Weber, H.L.A. Hart, John Austin) and John Finnis attempt to define legality merely in terms of procedural requirements. Habermas, however, demonstrates the circularity of this definition of legality. Legal positivists fail to legitimate the procedural requirements that are claimed …

Can Liberalism Justify Multiculturalism?, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.

Nest Eggs And Stormy Weather: Law, Culture, And Black Women's Lack Of Wealth, Regina Austin

All Faculty Scholarship

No abstract provided.

Out Yet Unseen: A Racial Critique Of Gay And Lesbian Legal Theory And Political Discourse, Darren Hutchinson

Darren L Hutchinson

The Failure Of The Freedom-Based And Utlilitarian Arguments For Assisted Suicide, Scott T. Fitzgibbon

Scott T. FitzGibbon

In recent years, numerous initiatives have been launched to promote physician-assisted suicide. Numerous statutes have been proposed, and one (in Oregon) has been enacted. The United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Second Circuit were recently persuaded to recognize constitutionally protected rights to assisted suicide, although their decisions have been reversed by the Supreme Court. An international organization called the World Federation of Right-to-Die Societies furthers such efforts in other countries. The two most common justifications for such initiatives are that assisted suicide enhances freedom or liberty, and that …