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Articles 421 - 450 of 471
Full-Text Articles in Law and Society
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Whiteness And Women, In Practice And Theory: A Reply To Catharine Mackinnon, Martha R. Mahoney
Articles
No abstract provided.
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Some Thoughts On Harassment: A Gay Male Perspective, Marc A. Fajer
Articles
No abstract provided.
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
The Case Of The Speluncean Explorers: Contemporary Proceedings, Naomi R. Kahn, John O. Calmore, Mary I. Coombs, Dwight L. Greene, Geofrey C. Miller, Jeremy Paul, Laura W. Stein
Articles
No abstract provided.
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
The Romance Of Revenge: Capital Punishment In America, Samuel R. Gross
Articles
On February 17, 1992, Jeffrey Dahmer was sentenced to 15 consecutive terms of life imprisonment for killing and dismembering 15 young men and boys (Associated Press 1992a). Dahmer had been arrested six months earlier, on July 22, 1991. On January 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on January 30. The jury heard two weeks of testimony about murder, mutilation and necrophilia; they deliberated for 5 hours before finding that Dahmer was sane when he committed these …
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
State Responses To Task Force Reports On Race And Ethnic Bias In The Courts, Suellyn Scarnecchia
Articles
While several states have embarked on studies of race and ethnic bias in their courts, Minnesota is only the sixth to publish its report to date. As Minnesota joins the ranks of states with published reports, it is worthwhile to assess the impact of the five earlier published reports from other states. Final reports have been published in Michigan (1989), Washington (1990), New York (1991), Florida (1991) and New Jersey (1992). The published reports make findings and provide several specific recommendations for change. This article will review the published findings and recommendations of the task forces and will discuss the …
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Catharine's Wheel: Mackinnon's Pornography Analysis As A Return To Traditional Christian Sexual Theory, Jeanne L. Schroeder
Articles
The article argues that Catharine MacKinnon's analysis of pornography and sexuality, while presented as radical feminist theory, ultimately incorporates traditional elements from Christian sexual theory and modern liberalism. MacKinnon's critique of pornography as a mechanism of gender subordination aligns with Augustine's view of sexuality as a loss of subjectivity, where involuntary sexual desire symbolizes the Fall's consequences. Despite her sociopolitical analysis, MacKinnon's failure to recognize these influences and her lack of a positive vision for female subjectivity limit her critique's transformative potential.
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
The Taming Of The Shrew: The Liberal Attempt To Mainstream Radical Feminist Theory, Jeanne L. Schroeder
Articles
The article critically examines the opposing views of Cass Sunstein and Catharine MacKinnon on pornography and its legal implications, highlighting their divergent definitions and approaches. Sunstein advocates for a narrow, violence-focused antipornography legislation, while MacKinnon pushes for a broader definition that encompasses gender subordination. The analysis reveals how Sunstein's critique of MacKinnon unintentionally weakens feminist challenges to masculinism by separating sexuality from power dynamics. MacKinnon's theory, rooted in a premodern Christian view of sexuality, posits that pornography constructs women as objects, reinforcing gender inequality. The article underscores the tension between legal reform and the deeper structural changes needed to address …
Subject: Object, Jeanne L. Schroeder
Subject: Object, Jeanne L. Schroeder
Articles
The article explores the concept of objectivity in legal theory, examining its complexity and the various ways it is defined and applied. It critiques the left's tendency to associate objectivity with liberalism and masculinity, while highlighting the right's defense of subjectivity. The analysis emphasizes the need for a nuanced understanding of objectivity's forms and implications in legal discourse.
The Channelling Function In Family Law, Carl E. Schneider
The Channelling Function In Family Law, Carl E. Schneider
Articles
On an occasion such as this, we are called to step back from our daily work to seek what Justice Holmes called a "liberal view" of our subject. Today, I propose to do so by exploring a function of family law that I believe is basic, that underlies much of family law, that resonates with the deepest purposes of culture but that is rarely addressed expressly-namely, what I call the "channelling function." As I will soon explain at length, in the channelling function the law recruits, builds, shapes, sustains; and promotes social institutions. My exploration of this topic will have …
The Hegelian Revival In American Legal Discourse, David G. Carlson
The Hegelian Revival In American Legal Discourse, David G. Carlson
Articles
No abstract provided.
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Heat Of Passion And Wife Killing: Men Who Batter/Men Who Kill, Donna Coker
Articles
No abstract provided.
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Exit: Power And The Idea Of Leaving In Love, Work, And The Confirmation Hearings, Martha R. Mahoney
Articles
No abstract provided.
Translation As A Mode Of Thought, James Boyd White
Translation As A Mode Of Thought, James Boyd White
Articles
I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …
Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers
Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers
Articles
Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Disabled Clients, Disabling Lawyers, Anthony V. Alfieri
Articles
No abstract provided.
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers
Articles
American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
The Multiple-Marriage Society And Spousal Rights Under The Revised Uniform Probate Code, Lawrence W. Waggoner
Articles
Nearly everyone knows about the transformation of the American family that has taken place over the last couple of decades. The changes, from the latter half of the 1970s into the present, comprise one of the great events of our age. Articles on one aspect or another of the phenomenon frequent the popular press, and a special edition of Newsweek was recently devoted to the topic.' The traditional "Leave It To Beaver" family no longer prevails in American society. To be sure, families consisting of a wage-earning husband, a homemaking and child-rearing wife, and their two joint children still exist. …
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Speaking Out Of Turn: The Story Of Josephine V., Anthony V. Alfieri
Articles
No abstract provided.
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri
Articles
No abstract provided.
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia
Articles
In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Agency And Partnership: A Study Of Breach Of Promise Plaintiffs, Mary I. Coombs
Articles
No abstract provided.
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Is Abandoning State Action Asking Too Much Of The Constitution, Scott E. Sundby
Articles
No abstract provided.
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
The Reasonable Doubt Rule And The Meaning Of Innocence, Scott E. Sundby
Articles
No abstract provided.
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers
Articles
This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers
Articles
Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable …
Law And Literature: 'No Manifesto', James Boyd White
Law And Literature: 'No Manifesto', James Boyd White
Articles
With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?
Ordeal In Iceland, William I. Miller
Ordeal In Iceland, William I. Miller
Articles
Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …