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1996

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Institution
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Articles 31 - 60 of 150

Full-Text Articles in Law and Society

Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood May 1996

Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood

Cardozo Law Review

We can greatly admire Paul Finkelman's paper on the rendition of Anthony Burns in 1854 and the problematic role played by Judge Edward Loring in returning Burns to Southern bondage. Professor Finkelman draws thoughtfully from original source materials of this famous case in the harnessing of political feeling against slavery, including the diary of Richard Henry Dana, the papers of Senator Charles Sumner, and the records of Harvard College.

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From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman May 1996

From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman

Cardozo Law Review

Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. "Gentlemen," he remarked, "we have lived over a century in the last ten years." Corbin did not exaggerate. The Civil War and Reconstruction years witnessed changes as revolutionary as any the nation has ever experienced. And nowhere were the changes as sweeping as in the realm of constitutional law.

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The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg May 1996

The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg

Cardozo Law Review

As a nonspecialist on the laws of slavery, I can best contribute to this discourse by suggesting some reflection on the comparative nature of racial discrimination in constitutionally based and seemingly enlightened legal systems. To the American system under close scrutiny in this Symposium, my recently completed work on Vichy law may lend some degree of further understanding. For the legalized persecution of Jews in France during the period 1940- 44 stands as a classic twentieth-century example of what I believe to have been at work in antebellum America: the elaboration through traditional patterns of legal reasoning of a discourse …

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Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr. Apr 1996

Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr.

American University Law Review

No abstract provided.

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Foreword: Never Again, Franklin D. Cleckley Apr 1996

Foreword: Never Again, Franklin D. Cleckley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Comments By Angel Oquendo, Ángel Oquendo Apr 1996

Comments By Angel Oquendo, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

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Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry Apr 1996

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres Apr 1996

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …

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Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble Mar 1996

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

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Against Subordination: Morality, Discourse, And Decision In The Legal Theory Of Jurgen Habermas, William Rehg Mar 1996

Against Subordination: Morality, Discourse, And Decision In The Legal Theory Of Jurgen Habermas, William Rehg

Cardozo Law Review

This reflection explores the manner in which Jurgen Habermas's Between Facts and Norms establishes a relationship between law (or legal procedures) and an idealized conception of rational practical discourse. Part I of this Article spells out a problem that arises if one subordinates law to such idealizations of practical reason; here I will argue that the subordination of law to morality is part of a larger problem that one does not escape simply by analyzing law in the broader terms of discursive justification in general. Part II pursues further the question of whether Habermas's legal theory escapes this difficulty, turning …

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Reflexive Law, Civil Society, And Negative Rights, Andrew Arato Mar 1996

Reflexive Law, Civil Society, And Negative Rights, Andrew Arato

Cardozo Law Review

Jurgen Habermas has remained faithful to the heritage of Critical Theory-to the method and perspective of imminent social criticism. His concept of "paradigm" is fully intelligible only in context of such background. It means, first and foremost, enlightenment concerning a given society with a normative project in mind-in the present case, the actualization of the system of rights. Thus, a paradigm is a form of diagnosis, based on the rational reconstruction of forms of consciousness, filtered and synthesized into theory, that seeks to orient action. At all points, the construction of paradigms refers to a social totality which is subjected …

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The Retrieval Of The Democratic Ethos, Richard J. Bernstein Mar 1996

The Retrieval Of The Democratic Ethos, Richard J. Bernstein

Cardozo Law Review

For over thirty years I have been a sympathetic although critical reader of Habermas. Initially, I was struck by his nuanced insight into the American pragmatic tradition and his appropriation of the radical democratic ethos of the pragmatic movement. I felt then, and still believe, that Habermas has a more profound and subtle understanding of what is best and most enduring in pragmatism-especially in the thought of Peirce, Dewey, and Mead-than many of my American colleagues. I was also attracted to Habermas for other reasons. He is a dialectical thinker who has the courage to buck fashionable trends-who refuses to …

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Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Every author owes a debt to his readers. This is especially true when an author presents a wide-ranging and complex investigation that draws the critical attention of outstanding colleagues. I have profited a great deal from my colleagues' thoughtful commentaries, as will be evident from this Reply which is a token of my appreciation.

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Preface, Michel Rosenfeld Mar 1996

Preface, Michel Rosenfeld

Cardozo Law Review

This symposium issue of the Cardozo Law Review which coincides with the English publication of Jurgen Habermas's Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, represents the culmination of an extraordinary interdisciplinary and intercontinental intellectual journey. The papers published in this issue were first presented at a conference held at the Benjamin N. Cardozo School of Law on September 20 and 21, 1992, in which Jurgen Habermas and thirty-two scholars from the United States, Germany, and many other countries, representing the fields of law, philosophy, sociology, and political science engaged in two days of …

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Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Jeder Autor steht in der Schuld seiner Leser; das gilt erst recht ftr einen anspruchsvollen Autor, der eine umfangreiche und komplexe Untersuchung vorlegt und daftir-noch vor der Publikation des Buches in deutscher Sprache an einer amerikanischen Universitat-die kritische Aufmerksamkeit hervorragender Kollegen findet. Aus den sorgfaltigen Kommentaren habe ich grossen Gewinn gezogen. Diese Behauptung wird sich anhand meiner Antwort nachpriifen lassen, mit der ich zugleich meinen Dank abstatten mochte.

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Better Living Through Crime And Tort, Anita Bernstein Feb 1996

Better Living Through Crime And Tort, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel Feb 1996

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …

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Vagueness And Indecency, Jonathan Weinberg Jan 1996

Vagueness And Indecency, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri Jan 1996

Mitigation, Mercy, And Delay: The Moral Politics Of Death Penalty Abolitionists, Anthony V. Alfieri

Articles

No abstract provided.

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Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport Jan 1996

Capital Murder And The Domestic Discount: A Study Of Capital Domestic Murder In The Post Furman Era, Elizabeth Rapaport

Faculty Scholarship

In this Article I will challenge the tendency to discount the severity of domestic homicide, a phenomenon I call "the domestic discount." I will argue against automatic mitigation-the imputation of provocation or diminished capacity-simply or merely because the relationship" between victim and defendant is domestic or sexually intimate. I will argue that the traditional hot blood/cold blood dichotomy is an imperfect guide to the moral grading of homicide offenses. In particular, reliance on it has led to the under evaluation of the seriousness of some domestic homicides. It is my contention, or hypothesis, that the conclusions I draw from the …

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Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

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Recent Trends In The Organization Of Legal Services, Frederick H. Zemans Jan 1996

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.

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Culture And Mediation: A Red Herring, Cynthia A. Savage Jan 1996

Culture And Mediation: A Red Herring, Cynthia A. Savage

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams Jan 1996

A Feminist Theory Of Malebashing, Susan H. Williams, David C. Williams

Michigan Journal of Gender & Law

The concern about feminist "malebashing" is increasingly common, inside the university and out, but unfortunately, because of the emotions involved, most discussions of malebashing generate more confusion than understanding. When feminists say negative things about men, they often speak in anger and perhaps fear. When men respond, they are often angry, defensive, and perhaps hurt. While this confusion may be understandable, it is still counter-productive. The dialogue is plagued by a failure to answer with precision or rigor the most basic questions about this subject: What is "malebashing," i.e., illegitimate negative statements about men, and how is it different from …

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The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna Jan 1996

The Role Of Legal Rhetoric In The Failure Of Democratic Change In China, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.

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Perspectives On Human Nature And Their Implications For Business Organizations, Lewis D. Solomon Jan 1996

Perspectives On Human Nature And Their Implications For Business Organizations, Lewis D. Solomon

Fordham Urban Law Journal

Employing psychological principles to reform the structure and agendas of business organizations increases employee fulfillment. This Essay proposes changes in corporate structure in order to nurture employee's mental health in a way that also benefits companies by resulting in greater employee productivity. This Essay argues that the decentralization of business organizations and greater employee involvement in decision-making will improve both quality of life and the environment.

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An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall Jan 1996

An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall

Fordham Urban Law Journal

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.

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The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff Jan 1996

The Deliberate Contruction Of Families Without Fathers: Is It An Option For Lesbian And Heterosexual Mothers, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies Jan 1996

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

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Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn Jan 1996

Innocent Spouses, Reasonable Women And Divorce: The Gap Between Reality And The Internal Revenue Code, Stephen A. Zorn

Michigan Journal of Gender & Law

This Article asks whether the "reasonable woman" should become the standard for women seeking relief from tax liabilities under the innocent spouse provision of the I.R.C. and whether an even more specific standard should be adopted for women who are also going through divorce or are in similar situations.

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