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Articles 91 - 120 of 182
Full-Text Articles in Law and Society
Teaching Lawyers The Language Of Law: Legal And Anthropological Translations, 34 J. Marshall L. Rev. 91 (2000), Elizabeth Mertz
Teaching Lawyers The Language Of Law: Legal And Anthropological Translations, 34 J. Marshall L. Rev. 91 (2000), Elizabeth Mertz
UIC Law Review
No abstract provided.
"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson
"A Good Story" And "The Real Story", 34 J. Marshall L. Rev. 181 (2000), Jane E. Larson
UIC Law Review
No abstract provided.
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, 34 J. Marshall L. Rev. 207 (2000), Regina Austin
UIC Law Review
No abstract provided.
First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long
UIC Law Review
No abstract provided.
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Safety Valve Closed: The Removal Of Non-Violent Outlets For Dissent And The Onset Of Anti-Abortion Violence, Mark L. Rienzi
Scholarly Articles
This Note examines abortion opposition over the past two centuries and the extent to which recent trends toward violence have followed from the elimination of major nonviolent methods of dissent. Part I explores the history of abortion opposition prior to Roe, noting that opponents during this period relied almost exclusively on legislative action to effect change. Roe removed this principal nonviolent outlet, and the first wave of anti-abortion violence in American history en-sued. Even within this post-Roe violence, an examination of the rise and fall of mass nonviolent civil disobedience in the late i98Os and the dramatic increase in anti-abortion …
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Reflections On The Future Of Social Justice, Lucia A. Silecchia
Scholarly Articles
This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint
Faculty Scholarship
The Minnesota Court of Appeals is dedicated to providingaffordable access to the appellate process. Access to theappellate process is central to our vision. In order to promote this vision, the Minnesota Court ofAppeals has taken the initiative to implement Interactive VideoTeleconferencing ("IVT"). This essay will discuss the historybehind this decision, the mechanics of its implementation, andthe benefits and challenges of its application to the appellateprocess.
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Articles
No abstract provided.
Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney
Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney
Articles
No abstract provided.
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Seattle University Law Review
Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Seattle University Law Review
This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Seattle University Law Review
Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
Marshall Misconstrued: Activist? Partisan? Reactionary?, 33 J. Marshall L. Rev. 1109 (2000), Jean Edward Smith
UIC Law Review
No abstract provided.
Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider
Making Biomedical Policy Through Constitutional Adjudication:The Example Of Physician-Assisted Suicide, Carl E. Scheider
Book Chapters
Throughout most of American history no one would have supposed biomedical policy could or should be made through constitutional adjudication. No one would have thought that the Constitution spoke to biomedical issues, that those issues were questions of federal policy, or that judges were competent to handle them. Today, however, the resurgence of substantive due process has swollen the scope of the Fourteenth Amendment, the distinction between federal and state spheres is tattered, and few statutes escape judicial vetting. Furthermore, Abraham Lincoln's wish that the Constitution should "become the political religion of the nation" has been granted. "We now reverently …
Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo
Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo
Faculty Scholarship
No abstract provided.
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Stalking: Cultural, Clinical, And Legal Considerations, Carol E. Jordan, Karen Quinn, Bradley O. Jordan, Celia R. Daileader
Office for Policy Studies on Violence Against Women Publications
Crimes of violence against women are unique in their treatment by our culture and our system of legal justice. Both culturally and statutorily, victims of crimes which have historically been perpetrated against women, such as rape, domestic violence, and stalking have received significant focus. This article highlights cultural considerations and provides a statutory and case law analysis.
Toleration, Autonomy And Respect, Colin J. Harvey
Toleration, Autonomy And Respect, Colin J. Harvey
Michigan Journal of International Law
Review of On Toleration by Michael Walzer
The Virtue Of Ordered Conflict: A Defense Of The Adversary System, David R. Barnhizer
The Virtue Of Ordered Conflict: A Defense Of The Adversary System, David R. Barnhizer
Law Faculty Articles and Essays
My underlying thesis is that American society is in increasing danger of falling victim to the tendencies against which Hobbes warned, and that we need to understand and deal with the ultimate implications this holds for our political community. Otherwise, we risk ending up with a severe case of ideological balkanization that will undermine and weaken our social system. My concern is that we are well on the way to a state of ideological civil war. If we succumb further it will mean a political culture in which there is little real communication, but only destructive vilification, jockeying for political …
Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer
Brief Against Homophobia At The Bar: To Law School Dean-Mid 1960s, Joel J. Finer
Law Faculty Articles and Essays
In the mid-1960s, the author addressed the following "brief" to the Dean of a major law school on behalf of a law student, successfully urging that the Dean not report the student's homosexual activities to the state Bar committee which screened applicants for "good moral character." My own view, to be presently elaborated, is that to deprive a law student of the well-earned fruits of his labor on the basis of psychiatric findings that he might, at some future time commit a homosexual act that might become public and might merely embarrass a client, employer or associate, would manifest gross …
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i
Scholarly Articles in Law Reviews & Journals
This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …
Professional Values In The Classroom, 34 J. Marshall L. Rev. 1 (2000), Robert Maccrate
Professional Values In The Classroom, 34 J. Marshall L. Rev. 1 (2000), Robert Maccrate
UIC Law Review
No abstract provided.
Silencing Speech In The Workplace: Re-Examining The Use Of Specific Speech Injunctive Relief For Title Vii Hostile Environment Work Claims, 34 J. Marshall L. Rev. 321 (2000), Sonali Das
UIC Law Review
No abstract provided.
Religious Values, Political Action, And Civic Discourse, Robert Audi
Religious Values, Political Action, And Civic Discourse, Robert Audi
Indiana Law Journal
Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
A Different Kind Of Sameness: Beyond Formal Equality And Antisubordination Strategies In Gay Legal Theory, Nancy Levit
Faculty Works
Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexuals - except for their choice of partners - are just like heterosexuals. Antisubordination theorists attack the heterosexual model itself and seek to show that a society that insists on such a model is unjust. Neither of these strategies is wholly satisfactory. The formal equality model will fail to bring about fundamental reforms as long as sexual …
Concluding Thoughts: Bioethics In The Language Of The Law, Carl E. Schneider
Concluding Thoughts: Bioethics In The Language Of The Law, Carl E. Schneider
Book Chapters
What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical disputes are obliged to borrow in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits and tastes and thus the language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We must ask these questions because, as the incomparable Tocqueville foresaw, it has become American practice to resolve political—and moral—questions into judicial questions. We now reverently refer to the Supreme Court as the great …
Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush
Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush
UF Law Faculty Publications
This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker
Articles
No abstract provided.
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
Agenda Setting In The Courts Of Appeals: The Effect Of Ideology On En Banc Rehearings, Phil Zarone
The Journal of Appellate Practice and Process
Intermediate appellate courts hear whatever case is brought before them on appeal. Therefore, the courts are unable to set an agenda through selecting which cases to hear. Appellate courts may be able to set an agenda, though, through en banc rehearings. This article discusses how courts of appeals decide when to grant en banc proceedings and the effect of ideological use of en banc rehearings.
Institutionalizing Economic Justice: A Latcrit Perspective On The Imperatives Of Linking The Reconstruction Of "Community" To The Transformation Of Legal Structures That Institutionalize The Depoliticization And Fragmentation Of Labor/Community Solidarity, Elizabeth M. Iglesias
Articles
No abstract provided.
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Constructing Solidarity: Interest And White Workers, Martha R. Mahoney
Articles
No abstract provided.