Faculty Bibliography
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When the person-in-the-street thinks of "The Law," she (or he) tends to think of a body of standards of conduct - rules or authoritative precedents - that prohibit this and permit that. When a lawyer thinks of "The Law," however, she (or he) thinks not only of a body of standards of conduct but also of a collection of processes through which those standards are created and applied. These processes are defined in the same way as the rules governing conduct: by legislation, by rule makers acting under delegated authority, by court decisions, and sometimes by constitutions. Some of these stipulated processes consist of details - which court, among all those that have jurisdiction, is the one with proper venue for this particular case? - and some of them embrace very large issues - do the courts as a whole have power over this particular subject, or is it a matter that belongs instead to the legislature?
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What do lawyers do? In terms of process, they negotiate, litigate, advise clients, and so forth. In terms of product, they draft contracts, write briefs, compose letters, and so on. But behind both process and product, what lawyers most fundamentally do, is think.
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MacKinnon contends that pornography, racial and sexual harassment, and racial hate speech are acts of intimidation, subordination, terrorism, and discrimination, and should be legally treated as such.
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Article was presented as the Keynote Speech at, "Looking Back, Looking Ahead: The Evolution of Children's Right," a national conference held at Temple University School of Law (September 1995).
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This article analyzes the role of hearsay in criminal justice proceedings and advocates for the court to adopt an active role in controlling the introduction of hearsay, to ensure that only credible hearsay is admitted into evidence. It considers the impact that hearsay has on the defendant’s constitutional right of confrontation, discussing in what circumstances corroboration and testing will allow the defendant’s rights and societal needs of justice and fairness to be satisfied.
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The development and use of contracts of adhesion represents one facet of the domination of the modern economy by business organizations. Firms create standard form contracts in part to stabilize their external market relationships, and in part to serve the needs of a hierarchical and internally segmented structure. Adherents' responses to contracts of adhesion are intelligible only within this institutional context. Each dimension of the problem will be examined in turn.
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This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation of contracts, contractual obligations, and Breach of Contract and Remedial Issues.
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Catharine A. MacKinnon, Pornography Left and Right, 30 Harv. C.R.-C.L. L. Rev. 143 (1995).
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Catharine A. MacKinnon, Vindication and Resistance: A Response to the Carnegie Mellon Study of Pornography in Cyberspace, 83 Geo. L.J. 1959 (1995).
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Todd D. Rakoff, Washington v. Davis and the Objective Theory of Contracts, 29 Harv. C.R.-C.L. L. Rev. 63 (1994).
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Todd D. Rakoff, Social Structure, Legal Structure, and Default Rules: A Comment, 3 S. Cal. Interdisc. L.J. 19 (1993).
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Catharine A. MacKinnon, Feminist Approaches to Sexual Assault in Canada and the United States - A Brief Retrospective, in Challenging Times: The Women's Movement in Canada and the United States (Constance Backhouse & David H. Flaherty eds., 1992).
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Todd D. Rakoff, The Shape of the Law in the American Administrative State, 11 Tel-Aviv U. Stud. L. 9 (1992).
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Catharine A. MacKinnon, Pornography as Defamation and Discrimination, 71 B.U. L. Rev. 793 (1991).
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T.M. Scanlon, Promises and Practices, 19 Phil. & Pub. Aff. 199 (1990).
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Agenda-setting, the pros tell us, is the critical stage of the legislative process. This symposium issue of The Harvard Journal on Legislation demonstrates that the tensions between work-place demands and family duties have made it onto the legislative agenda. Indeed, Congress and state legislatures around the country are now teeming with proposals on these issues. But in the context of work and family policies, there is more to legislation than getting on the agenda. Difficult questions of information, rhetoric, and conception remain.
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An analysis of the legal status of women includes discussions of discrimination, rape, sexual harassment, and pornography
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This Article is the third in a four-part series entitled Legal Ideology and Incorporation. In this series, Dean Coquillette demonstrates that, although England has fostered a strong common law system, significant intellectual work was done in England during the sixteenth and seventeenth centuries by students of the civil law systems dominant on the Continent, particularly in their mercantile and diplomatic specialties. Dean Coquillette traces the development of the juristic works of these English civilians, and examines the civilians' intellectual influence on the English common law. His central thesis is that the English civilian jurists never intended to achieve a direct "incorporation" of civil law or mercantile doctrines into the common law. Rather, their lasting achievement has been the significant influence that their ideas about law-their "legal ideology"-have exercised on leading common lawyers and on modern commercial and international law. This Article discusses the third period of English civilian juristic development. The period commences with the years during and after the Commonwealth, and extends into the eighteenth century. By then, the common lawyers were succeeding in their attacks, leaving civilian scholars, such as Godolphin, Duck, Wiseman, Zouche, Exton, Jenkins, Wood, Strahan, and Ayliffe with what could have been an increasingly narrow and specialized role in the English legal system.
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This Article is the fourth in a four-part series entitled Legal Ideology and Incorporation. In this series, Dean Coquillette demonstrates that, although England has fostered a strong common law system, significant intellectual work was done in England during the sixteenth and seventeenth centuries by students of the civil law systems dominant on the Continent, particularly in their mercantile and diplomatic specialties. Dean Coquillette traces the development of the juristic works of these English civilians, and examines the civilians' intellectual influence on the English common law. It is his central thesis that the English civilian jurists never intended to achieve a direct "incorporation" of civil law or mercantile doctrines into the common law. Rather, their lasting achievement has been the significant influence that their ideas about law - their "legal ideology" - have exercised on leading common lawyers and on modem commercial and international law.
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Catharine A. MacKinnon, Pornography, Civil Rights, and Speech, 20 Harv. C.R.-C.L. L. Rev. 1 (1985).
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