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Edited Volumes by James Donovan
Contents Part I Michał Dudek - Not So Long Time Ago Before Malinowski: The Puzzle of Lotar Darg... more Contents
Part I
Michał Dudek - Not So Long Time Ago Before Malinowski: The Puzzle of Lotar Dargun’s Influence on Bronislaw Malinowski
Krzysztof Pałecki - Stanisław Estreicher: The Forgotten Master of Bronislaw Malinowski
Part II
Mateusz Stępień - Malinowski’s Multidimensional Conception of Law: Beyond Common Misunderstandings
Tomáš Ledvinka - Bronislaw Malinowski and the Anthropology of Law
James M. Donovan - Reciprocity as a Species of Fairness: Completing Malinowski’s Theory of Law
Papers by James Donovan
Legal pluralism and critical social analysis, May 24, 2023
Legal Reference Services Quarterly, 2009
Articles reviewing the challenges of assuming a library directorship typically begin in the middl... more Articles reviewing the challenges of assuming a library directorship typically begin in the middle of the story. The new hire arrives from another campus to face a range of challenges. The accounts from there go on to extract a general map of the initial experiences along with helpful tools to navigate this intimidating terrain. That view, we suggest, obscures natural fault lines within the community of new directors. These divisions can fundamentally influence the initial experiences upon which the authors are offering their advice. On such variable concerns the route by which the successful applicant has been named the new director. Some are in-house candidates with specific experience in the library they will now lead, while others are outside candidates who face the added challenge to understand the ways that their understanding of other institutions will translate to the new context. The latter is so much the more common that it is often taken for granted. On the contrary, we s...
Mississippi Law Journal, 2018
Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde r... more Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde reaction seeking to preserve the familiar status quo. When the world by which we define ourselves undergoes unexpected transitions, especially in directions that contradict the comfortable taken-for-granted assumptions that had been earlier enjoyed, we feel threatened. One needs only recall how the new standards of racial equality announced in Brown I and Brown II elicited virulent protests as some districts chose to shutter all public schools rather than have them become racially integrated. In the shadow of such traumas, it may seem an obvious lesson that progress should be slow and incremental, going only so far and as fast as the changes can be absorbed into the social habits. William Eskridge has offered a full-throated defense of modulating the rate of change in order to avoid these unintended consequences of modernization. Legal rights can be formally recognized, he says, but their...
SSRN Electronic Journal, 2020
SSRN Electronic Journal, 2011
SSRN Electronic Journal, 2014
This book defends the thesis that the two fields of law and anthropology co-exist in a condition ... more This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological
SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on... more SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987;
Journal of Legal Education, 2011
This essay offers a response to the current discussion concerning the possible rescission of ABA ... more This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director. Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school. The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude that librarians have expressed concerning whether they are either willing or able to perform at the added expectations of tenured faculty, especially scholarly production. A comparison of Leiter's scholarly impact scores shows that directors tend to perform well below the faculty averages of their schools, shedding possible light on the law sch...
California western law review, 2001
George Mason University Civil Rights Law Journal, 1993
Contents Part I Michał Dudek - Not So Long Time Ago Before Malinowski: The Puzzle of Lotar Darg... more Contents
Part I
Michał Dudek - Not So Long Time Ago Before Malinowski: The Puzzle of Lotar Dargun’s Influence on Bronislaw Malinowski
Krzysztof Pałecki - Stanisław Estreicher: The Forgotten Master of Bronislaw Malinowski
Part II
Mateusz Stępień - Malinowski’s Multidimensional Conception of Law: Beyond Common Misunderstandings
Tomáš Ledvinka - Bronislaw Malinowski and the Anthropology of Law
James M. Donovan - Reciprocity as a Species of Fairness: Completing Malinowski’s Theory of Law
Legal pluralism and critical social analysis, May 24, 2023
Legal Reference Services Quarterly, 2009
Articles reviewing the challenges of assuming a library directorship typically begin in the middl... more Articles reviewing the challenges of assuming a library directorship typically begin in the middle of the story. The new hire arrives from another campus to face a range of challenges. The accounts from there go on to extract a general map of the initial experiences along with helpful tools to navigate this intimidating terrain. That view, we suggest, obscures natural fault lines within the community of new directors. These divisions can fundamentally influence the initial experiences upon which the authors are offering their advice. On such variable concerns the route by which the successful applicant has been named the new director. Some are in-house candidates with specific experience in the library they will now lead, while others are outside candidates who face the added challenge to understand the ways that their understanding of other institutions will translate to the new context. The latter is so much the more common that it is often taken for granted. On the contrary, we s...
Mississippi Law Journal, 2018
Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde r... more Abrupt cultural change inevitably arouses anxieties, and often those fears provoke a retrograde reaction seeking to preserve the familiar status quo. When the world by which we define ourselves undergoes unexpected transitions, especially in directions that contradict the comfortable taken-for-granted assumptions that had been earlier enjoyed, we feel threatened. One needs only recall how the new standards of racial equality announced in Brown I and Brown II elicited virulent protests as some districts chose to shutter all public schools rather than have them become racially integrated. In the shadow of such traumas, it may seem an obvious lesson that progress should be slow and incremental, going only so far and as fast as the changes can be absorbed into the social habits. William Eskridge has offered a full-throated defense of modulating the rate of change in order to avoid these unintended consequences of modernization. Legal rights can be formally recognized, he says, but their...
SSRN Electronic Journal, 2020
SSRN Electronic Journal, 2011
SSRN Electronic Journal, 2014
This book defends the thesis that the two fields of law and anthropology co-exist in a condition ... more This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological
SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on... more SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987;
Journal of Legal Education, 2011
This essay offers a response to the current discussion concerning the possible rescission of ABA ... more This essay offers a response to the current discussion concerning the possible rescission of ABA Accreditation Standard 603 governing tenure-track appointment of the law library director. Part I reviews this discussion, highlighting the terms and arguments on all sides of the debate. Part II offers a defense of the current standard, based upon the need for the director both to receive the protections of academic freedom and to participate in faculty governance of the law school. The need for tenure to perform a director's professional duties, however, does not make one automatically tenureable. Part III examines the skeptical attitude that librarians have expressed concerning whether they are either willing or able to perform at the added expectations of tenured faculty, especially scholarly production. A comparison of Leiter's scholarly impact scores shows that directors tend to perform well below the faculty averages of their schools, shedding possible light on the law sch...
California western law review, 2001
George Mason University Civil Rights Law Journal, 1993
Brooklyn law review, 2003
The recent decision by the New York Times to publish same-sex union announcements brought to nati... more The recent decision by the New York Times to publish same-sex union announcements brought to national attention the struggle of gay men and lesbians to access this contested space. To date only about ten percent of newspapers allow same-sex couples to publish announcements on par with heterosexual couples. Although some couples have sued to have their announcements published, these claims have been rejected as interfering with the newspaper's First Amendment protections. This article considers whether the First Amendment's Free Press and Free Speech clauses in fact allow newspapers to discriminate in this way. The article begins with a review of the historical treatment by newspapers of gay-related topics, including the most prevalent excuse offered for not publishing same-sex union announcements, that such relationships are without legal significance. The importance of gaining access to these newspaper pages is then examined. Because relationships receiving public recogniti...