All Judges Are Political—Except When They Are Not: A Response

The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law school curriculum and by assessing public perceptions of the Supreme Court's ruling on health care reform. The author then addresses the critical appraisals presented by the symposium contributors. The critiques are taken as road maps for extending the author's arguments in new directions.     

Collecting Digital Evidence from Online Sources: Deficiencies in Current Polish Criminal Law

Criminal Law Forum - The importance of digital evidence, especially online content, is continuously increasing due to the proliferation of digital technologies in socio-economic life. However, the...     

Price v. Time Revisited: The Need For Medium-Neutral Shield Laws In An Age Of Strict Construction

Journalists were alarmed when, in 2005, the United States Court of Appeals for the Eleventh Circuit denied shield-law protection to Don Yaeger, an investigative reporter for Sports Illustrated, in a libel suit by fired football coach Mike Price. Yaeger is a journalist, and Alabama's shield law offers absolute protection even when a journalist is a party to a case. The court's decision turned on the fact that Alabama's seventy-three-year-old statute does not include the word “magazine.” This article shows that this hole in the “covered medium” language of Alabama's statute is not uncommon among the nation's thirty-six shield laws and that the Eleventh Circuit's strict reading of the statute's text is not at odds with current trends in statutory interpretation. Those two facts, combined with the rise of the Internet as an important vehicle for journalism, suggest the time is ripe to scrutinize and modernize shield laws, some of which have been on the books for more than a century.     

"Life Begins When They Steal Your Bicycle": Cross-Cultural Practices of Personhood at the Beginnings and Ends of Life

This paper examines two reasons anthropological expertise has recently come to be considered relevant to American debates about the beginnings and ends of life. First, bioethicists and clinicians working to accommodate diverse perspectives into clinical decision-making have come to appreciate the importance of culture. Second, anthropologists are the recognized authorities on the cultural logic and behaviors of the "Other." Yet the definitions of culture with which bioethicists and clinicians operate may differ from those used by contemporary anthropologists, who view culture as a contingent, contested set of social practices that are continually formulated and re-negotiated in daily interactions. Using ethnographic examples, the author argues that the qualities that constitute "personhood" should be sought in social practices rather than in cognitive capacities or moral attributes.     

Mind the Gap: Using UK Parliamentary Sources to Enhance Teaching

Online primary parliamentary sources can be of great value in teaching Parliament-related courses and a valuable means of promoting the development of students' research and analytical skills; particularly taking into account the research habits of the modern student population. Through a series of focus groups with politics students and a national survey of politics lecturers, the perceptions and current use of the UK Parliament website in teaching are analysed. It was found that a considerable number of lecturers are making use of the website for teaching purposes, though this is usually at a very basic and often superficial level. Barriers to the use of parliamentary resources include a lack of awareness of the types and variety of parliamentary material, difficulties in finding appropriate material on the Parliament website and a lack of understanding on the part of lecturers as to how to use this material effectively in lectures and seminars.     

论对比广告的利弊及其法律规范

对比广告指直接或间接指明某广告产品的其它竞争者,对产品进行对比而无需征得其事先许可的广告,它有助于国家繁荣经济。但也存在三个问题贬低其他竞争者;用指出虚构的“一般”产品品牌的方式误导消费者;夸大广告中产品的一个或一些特点的重要性。通过合理完善的法律规定,可以控制对比广告潜在的弊端。     

Move Analysis of Legal Justifications in Constitutional Tribunal Judgments in Poland: What They Share and What They Do Not

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - It appears that we know surprisingly little about how judges frame linguistically the rationale...     

Unsuitable Suitors: Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities

In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by national-level debates regarding the groups eligible for U.S. citizenship. My main point is that Asian ethnic groups originally were viewed as legally distinct—racially and ethnically, and that members of these groups recognized and used these distinctions to seek social rights and privileges. The construction of "Asian" as a social category resulted primarily from congressional legislation and judicial rulings that linked immigration with naturalization regulations. Anti-miscegenation laws further contributed to the social exclusion of those of Asian ancestry by grouping together U.S.-born and foreign-born Asians.     

Continental Normativism and Its British Counterpart: How Different Are They?*

Abstract
The separability thesis claims that the concept of law can be explicated independently of morality, the normativity thesis, that it can be explicated independently of fact. Continental normativism, prominent above all in the work of Hans Kelsen, may be characterized in terms of the coupling of these theses. Like Kelsen, H. L. A. Hart is a proponent of the separability thesis. And–a leitmotiv– both theorists reject reductive legal positivism. They do not, however, reject it for the same reasons. Kelsen's reason, in a word, is the normativity thesis. Hart, however, grounds his theory in social fact. In place of the reductive thesis of the legal positivist tradition, and in sharp contrast to Kelsen's normativity thesis, Hart defends a non-reductive version of what the author terms the facticity thesis.     

Women in Science: Racial and Ethnic Differences and the Differences They Make

Often the term “women” is assumed to include women of color in the same way as the terms “African American” and “Hispanic” are assumed to include both women and men. Although women of color and non-Hispanic white women are under represented in the science labor force, the rates of and factors contributing to this under representation differ by race and ethnicity. Consequently, disaggregating data on women in science by race and ethnicity is crucial to capture these differences. Such distinctions are critical to developing effective policy, practice, and programs to increase the participation of women in science.