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Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

Articles

This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …

Nov. 28, 2002, Review Of Ifc's Safeguard Policies Final Approach Paper, Cao

CAO General 1999-Present

No abstract provided.

Are Shaming Punishments Beautifully Retributive? Retributivism And The Implications For The Alternative Sanctions Debate, Dan Markel

Vanderbilt Law Review

In the last few years, scholars and policymakers in the area of criminal justice have focused an increasing amount of attention on two topics. The first is the retributivist theory of punishment ("retributivism");' the second is the development of alternative sanctions to the orthodoxy of incarcerating criminals in publicly managed prisons. This Article is about what connections may properly be drawn between what justifies punishment and how we actually go about punishing offenders.

A preliminary word on retributivism may be helpful. Retributivism is a theory about retribution, and retribution's features, or its definition, may be understood in either a weak …

Shooting Blanks: The Supreme Court's Flawed Analysis In Mcdonald V. City Of Chicago, Emily Horowitz

University of Miami Law Review

No abstract provided.

The Power To Regulate "Commerce With Foreign Nations" In A Global Economy And The Future Of American Democracy: An Essay, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Problem-Setting And Serving The Organizational Client: Legal Diagnosis And Professional Independence, Robert Eli Rosen

University of Miami Law Review

No abstract provided.

The Gate(Way)S Of Hell And Pathways To Purgatory: Eradicating Common Law Protections In The Newly Sculpted Character Evidence Rules Of The United Kingdom's 2003 Criminal Justice Act, Chris Chambers Goodman

University of Miami Law Review

No abstract provided.

The Gender Gap: Revealing Inequities In Admission Of Social Science Evidence In Criminal Cases, Janet C. Hoeffel

University of Arkansas at Little Rock Law Review

No abstract provided.

Tragedy And Due Process, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The attacks on September 11 shocked the United States. The very heart of our collective understanding of the order of things was struck. This tragedy allowed many to stand up and show courage. One such anecdote involves a condemned Texas inmate and Governor Rick Perry's assurance that due process would be ensured.

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Race, Reputation, And The Supreme Court: Valuing Blackness And Whiteness, Fran Lisa Buntman Phd.

University of Miami Law Review

No abstract provided.

Law Against Order: Human Rights Organizations And (Versus?) The Palestinian Authority, Lisa Hajjar

University of Miami Law Review

No abstract provided.

Gift Encounters: Conceptualizing The Elements Of Begging Conduct, Joe Hermer

University of Miami Law Review

No abstract provided.

From The Punitive City To The Gated Community: Security And Segregation Across The Social And Penal Landscape, Mona Lynch

University of Miami Law Review

No abstract provided.

Java Jive: Genealogy Of A Juridical Icon, Michael Mccann, William Haltom, Anne Bloom

University of Miami Law Review

No abstract provided.

Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon

University of Miami Law Review

No abstract provided.

The Empire Of The Lone Mother: Parental Rights, Child Welfare Law, And State Restructuring, Hester Lessard

Osgoode Hall Law Journal

This article uses the Supreme Court of Canada's decision in G.(J.) v. New Brunswick to frame a discussion of the historical and ideological character of Canadian child welfare regimes on the nature and experience of women’s citizenship within the liberal political order and, in particular, within the current neo-liberal restructuring of welfare provision. The article also analyzes traditional understandings of the political character of child welfare in terms of state intervention and non-intervention, by placing the state ordering of parent-child relations in the context of larger issues of colonialism, gendered parenting discourses, and the linkage between child neglect and poverty. …

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

Articles

Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.

Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres

Faculty Scholarship

This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …

Laborious Law, Bas De Gaay Fortman

Human Rights & Human Welfare

Inaugural Address at Utrecht University, on the occasion of accepting the Chair in Political Economy of Human Rights 21 MAY 2001

Profiling Profiling And Suicidal Terrorism, Ibpp Editor

International Bulletin of Political Psychology

This article describes chronic flaws in developing profiles that are intended to help prevent or minimize suicidal terrorism.

Russian Jewry: The History Of Survival, Polina Tomashevsky

Buffalo Human Rights Law Review

No abstract provided.

Public Interest Litigation In A Comparative Context, Jayanth Kumar Krishnan

Buffalo Public Interest Law Journal

No abstract provided.

3rd Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2001, Department Of The Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Jul. 5, 2001, P. Woicke, Ifc Evp, Letter To F. Seymour, Wri, Re Ifc Envtl Record, Peter L. Woicke

IFC E&S Performance Standards

No abstract provided.

Decision Analysis And Law, Ronald A. Howard

Cardozo Law Review

No abstract provided.

Explaining Relevance, Paolo Garbolino

Cardozo Law Review

No abstract provided.