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Articles 931 - 960 of 1343

Full-Text Articles in Law and Society

Hope In The Law, Annelise Riles Oct 2009

Hope In The Law, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee Jan 2009

The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee

College of Law - Faculty Scholarship

Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue …


The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl Jan 2009

The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl

UIC Law Review

No abstract provided.


A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings Jan 2009

A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings

UIC Law Review

No abstract provided.


Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen Jan 2009

Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen

UIC Law Review

No abstract provided.


Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah Jan 2009

Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah

UIC Law Review

No abstract provided.


Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek Jan 2009

Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek

UIC Law Review

No abstract provided.


The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen Jan 2009

The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.


International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan Jan 2009

International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan

NYLS Law Review

No abstract provided.


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Jan 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.


The Invention Of Legal Primitivism, Steven Wilf Jan 2009

The Invention Of Legal Primitivism, Steven Wilf

Faculty Articles and Papers

This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …


Human Persons, Human Rights, And The Distributive Structure Of Global Justice, Robert C. Hockett Jan 2009

Human Persons, Human Rights, And The Distributive Structure Of Global Justice, Robert C. Hockett

Cornell Law Faculty Publications

It is common for economically oriented transnational legal theorists to think and communicate mainly in maximizing terms. It is less common for them to notice that each time we speak explicitly of maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. Moreover, we effectively define ourselves and our fellow humans by reference to that which we equalize. For it is in virtue of the latter that our global welfare formulations treat us as "counting" for purposes of globally aggregating and maximizing.

To analyze maximization language on the one hand, and equalization and identification language …


In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier Jan 2009

In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier

NYLS Law Review

No abstract provided.


Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont Jan 2009

Rebalancing The Scales: Restoring The Availability Of Disparate Impact Causes Of Action In Title Vi Cases, Victor Suthammanont

NYLS Law Review

No abstract provided.


Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze Jan 2009

Misinformed Consent: Non-Medical Bases For American Birth Recommendations As A Human Rights Issue, Lisa L. Chalidze

NYLS Law Review

No abstract provided.


Changing Equalities, Jack B. Weinstein Jan 2009

Changing Equalities, Jack B. Weinstein

NYLS Law Review

No abstract provided.


How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre Jan 2009

How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre

NYLS Law Review

No abstract provided.


New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard Jan 2009

New York Recognition Of A Legal Status For Same-Sex Couples: A Rapidly Developing Story, Arthur S. Leonard

NYLS Law Review

No abstract provided.


Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller Jan 2009

Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller

NYLS Law Review

No abstract provided.


Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison Jan 2009

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.


The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr. Jan 2009

The Framers' Search Power: The Misunderstood Statutory History Of Suspicion & Probable Cause, Fabio Arcila, Jr.

Scholarly Works

Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated for regulatory purposes. What attention has been paid concludes that the Framers were divided about how accessible search remedies should be. This Article explains why this conventional account is mostly wrong and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law. In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the patterns of preceding British civil search statutes. The …


The Ultimate Victory Of A Productive Life: Ben E Johnson, Jr., And African Americans At Emory Law School, 1961-72, William B. Turner Dec 2008

The Ultimate Victory Of A Productive Life: Ben E Johnson, Jr., And African Americans At Emory Law School, 1961-72, William B. Turner

Journal of Legal Education

No abstract provided.


Medieval Law Should Be Taught, Thomas Lund Dec 2008

Medieval Law Should Be Taught, Thomas Lund

Journal of Legal Education

No abstract provided.


A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo Oct 2008

A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo

University of Miami Business Law Review

No abstract provided.


The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper Sep 2008

The Academic Doctorate In Law: A Vehicle For Legal Transplants?, Gail J. Hupper

Journal of Legal Education

No abstract provided.


Expanding Legal Horizons?, Edward Fram Aug 2008

Expanding Legal Horizons?, Edward Fram

Early Modern Workshop: Resources in Jewish History

Legal change was not only a result needs to adapt the law to new situations but could be stimulated by new information. New sources were not always accepted and this presentation will attempt to locate the point in time in which acceptance of a large number of new sources took place in the eastern European community of the early modern age.

This presentation is for the following text(s):

  • Shulhan `arukh, Yoreh De'ah 19.1 (1567)
  • Siftei Kohen-The Priest's Lips on Yoreh De'ah 19.1 (1647)
  • Turei Zahab-The Golden Columns on Yoreh De'ah 19.1 (1646)


“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether Jun 2008

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …


Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison Jan 2008

Carlos Cisneros: His Life, Career, & Contributions, Susan Kelly, Jerold Widdison

Water Matters!

State Senator Carlos Cisneros links New Mexico’s past, present and future.


The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore Jan 2008

The Future Of Social Security: Principles To Guide Reform, 41 J. Marshall L. Rev. 1061 (2008), Kathryn L. Moore

UIC Law Review

No abstract provided.


Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.