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Full-Text Articles in Civil Law

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd Aug 2008

Michelle Obama: The "Darker Side" Of Presidential Spousal Involvement And Activism, Gregory S. Parks, Quinetta M. Roberson, Phd

Cornell Law Faculty Working Papers

Pundits and commentators have attempted to make sense of the role that race and gender have played in the 2008 presidential campaign. Whereas researchers are drawing on varying bodies of scholarship (legal, cognitive and social psychology, and political science) to illuminate the role that Senator Obama’s race and Senator Clinton’s gender has/had on their campaign, Michelle Obama has been left out of the discussion. As Senator Clinton once noted, elections are like hiring decisions. As such, new frontiers in employment discrimination law place Michelle Obama in context within the current presidential campaign. First, racism and sexism are both alive and …


Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan May 2008

Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan

Working Paper Series

There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …


“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan May 2008

“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan

Working Paper Series

This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.


No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau Dec 2007

No Bonds But Those Freely Chosen: An Obituary For The Principle Of Forced Heirship In American Law, Vincent D. Rougeau

Vincent D. Rougeau

This article explains the history of forced heirship in Louisiana and describes the negative implications of its demise. Section IV outlines how the end of forced heirship reveals the changing values of Louisiana culture and views on the family.


The Anticommons And The Problem Of Numerus Clausus Of Property Rights, Enrico Baffi Dec 2007

The Anticommons And The Problem Of Numerus Clausus Of Property Rights, Enrico Baffi

enrico baffi

In the academic literature there the idea that revolutionary French lawmakers wanted to encourage the circulation of goods by limiting the possibility of creating property rights, thus reacting to the risk that the high transaction costs necessary to make several people reach an agreement would compromise the transfer of goods to a different use (and to a different owner). The so-called "theory of the anticommons" is the legal and economic development of this idea. But law and economics in recent years have led to the identification of further explanations, in terms of economic efficiency, of the principle of the numerus …