Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Constitutional law (4)
- Democracy (3)
- Eminent domain (3)
- Federalism (3)
- First Amendment (3)
-
- Human rights (3)
- Intellectual property (3)
- International law (3)
- Rehnquist (3)
- Supreme Court (3)
- Antitrust (2)
- Book review (2)
- Competition (2)
- Constitution (2)
- Constitutional interpretation (2)
- Copyright (2)
- Due process (2)
- Equal protection (2)
- Fifth Amendment (2)
- Justiciability (2)
- Kelo (2)
- Public use (2)
- Race (2)
- Religion (2)
- Representation (2)
- Roman Catholic (2)
- Social rights (2)
- State courts (2)
- Statutory interpretation (2)
- Takings (2)
Articles 1 - 30 of 77
Full-Text Articles in Entire DC Network
Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman
Journal Articles
No abstract provided.
Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook
Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook
Journal Articles
No abstract provided.
My God, My Choice: The Mature Minor Doctrine And Adolescent Refusal Of Life-Saving Or Sustaining Medical Treatment Based Upon Religious Beliefs, Jonathan Will
Journal Articles
No abstract provided.
Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll
Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine - and to debunk - some of the myths that persist about the degree to which the common and civil law systems differ. Specifically, the article questions the validity of recent scholarly commentary suggesting that the primary differences between the systems can be found in their substantive legal rules or in their respective "spirits." A relatively narrow issue of riparian access perfectly highlights the problem. Nearly all of the high courts in the United States that have examined this particular riparian issue have chosen to adopt either the …
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger
Journal Articles
An important ensemble of transnational, transgovernmental regulatory institutions has emerged in the forestry sector over the past decade. These forest certification programmes set global standards for proper forest management and apply them through institutionalized licensing and inspection programmes. Similar programmes are appearing in other sectors. Developed largely by environmental NGOs and industry associations rather than governments, forest certification programmes are nominally voluntary, but are becoming increasingly mandatory in practice. They are also gradually linking with government regulatory and management programmes in various ways, while remaining in tension both with each other and with government programmes. The overall regulatory system is …
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
The Narrowing Of The National Labor Relations Act: Maintaining Workplace Decorum And Avoiding Liability, William R. Corbett
Journal Articles
No abstract provided.
Revisiting Anna Moscowitz's Kross's Critique Of New York City's Women's Court: The Continued Problem Of Solving The "Problem" Of Prostitution With Specialized Criminal Courts, Mae C. Quinn
Journal Articles
No abstract provided.
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Limited Liability Company Citizenship: Reconsidering An Illogical And Inconsistent Choice, Debra R. Cohen
Journal Articles
The trend in diversity actions in Federal Court is to rigidly apply the formalistic rules for determining citizenship (aggregate or entity) to deem limited liability companies (LLCs) to have aggregate or "partnership" citizenship. While the approach is designed to reduce the federal docket; there is no evidence that it works. More importantly, this result-oriented approach is not based on well-reasoned analysis. This approach creates several illogical and inconsistent results. It bears no reflection on modern business realities, it undermines well established principles of law, and it undercuts the purpose for which diversity jurisdiction was established, This article suggests that, just …
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Journal Articles
This essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the "meat market" in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates.
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Naacp V. The Attorney General: Black Community Struggle Against Police Violence, 1959-68, Jay Stewart
Journal Articles
On March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. I and Bartkus v. Illinois,2 the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were already under state or local investigation - without fear of violating states' rights. These decisions - had they been enforced - would have been welcome news at the New York headquarters of the National Association for the Advancement of Colored …
The History Of Slave Marriage In The United States, Darlene Goring
The History Of Slave Marriage In The United States, Darlene Goring
Journal Articles
No abstract provided.
Transnational Media Law At The Bar And In The Classroom, Jack M. Weiss
Transnational Media Law At The Bar And In The Classroom, Jack M. Weiss
Journal Articles
No abstract provided.
Holding Internet Service Providers Accountable, Eric Posner, Douglas Gary Lichtman
Holding Internet Service Providers Accountable, Eric Posner, Douglas Gary Lichtman
Journal Articles
No abstract provided.
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis
Journal Articles
In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.
Transparency In International Commercial Arbitration, Catherine A. Rogers
Transparency In International Commercial Arbitration, Catherine A. Rogers
Journal Articles
Scholars have long been making the case for expanding transparency in the international commercial arbitration system, but recently these proposals have taken on a greater sense of urgency and an apparent willingness to forcibly impose transparency reforms on unwilling parties. These new transparency advocates exhort the general public's stakehold in many issues being arbitrated, which they contend necessitates transparency reforms, including compulsory publication of international commercial arbitration awards.
In this symposium essay, I begin by developing a definition of transparency in the adjucatory setting, and conceptually distinguishing from other concepts, like "public access" and "disclosure," which are often improperly treated …
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Antitrust And Inefficient Joint Ventures: Why Sports Leagues Should Look More Like Mcdonald's And Less Like The United Nations, Stephen F. Ross, Stefan Szymanski
Journal Articles
Antitrust law generally favors joint ventures that allow separate firms to integrate economic functions while continuing to compete as independent entities. In evaluating the risks to competition that joint ventures could pose, insufficient attention has been paid to the risk that joint ventures with market power may be structured so that the parties, acting in their independent self interest, will prevent the venture from providing innovative goods and services responsive to consumer demand. In these cases, it may be better if a single firm provided services rather than having them provided jointly.
We illustrate this problem by challenging the conventional …
A Tribute To My Friend, Wendy B. Scott
From An Act Of God To The Failure Of Man: Hurricane Katrina And The Economic Recovery Of New Orleans, Wendy B. Scott
From An Act Of God To The Failure Of Man: Hurricane Katrina And The Economic Recovery Of New Orleans, Wendy B. Scott
Journal Articles
No abstract provided.
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
In volume 1, James Hitchcock provides a comprehensive historical treatment of all the U.S. Supreme Court cases involving the religion clauses. Volume 2 focuses on the broader “context of the continuing dialogue about the role of religion in public life” and its relationship to the Court’s interpretation of the religion clauses.
Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda
Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda
Journal Articles
The transracial adoption discourse mistakenly has been phrased as a request for black children awaiting adoption to be treated different from white children and to be placed with parents of like race only. This paper urges a remarketing of the transracial adoption debate to reflect a request based on sameness, not difference. The request presented here is not a request for different treatment for black children. Rather, it is for black children to be given the same regard that is given to white children. This request is illustrated with the story of a black couple seeking to adopt healthy, fat …
Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone
Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone
Journal Articles
No abstract provided.
Book Review, Deborah Challener
Book Review, Deborah Challener
Journal Articles
COURTIERS OF THE MARBLE PALACE is a compelling, informative book. As much as anything, it is a tremendous informational source for anyone interested in the Supreme Court. It is evident that the author has thoroughly researched the topic and provided the reader with a factual view of the past and present responsibilities of a Supreme Court law clerk. Because Peppers relies on principal-agent theory to develop his hypotheses and used exhaustive research to prove them, the book also appears to be objective.
Understanding The Person Beneath The Robe: Practical Methods For Neutralizing Harmful Judicial Biases, Evan R. Seamone
Understanding The Person Beneath The Robe: Practical Methods For Neutralizing Harmful Judicial Biases, Evan R. Seamone
Journal Articles
This article presents hands-on self-awareness techniques for use by judges, arbitrators, members of commissions, and other legal decision-makers who are confronted with complex cases. All too often, these judges are expected to make the “right” decisions without knowing how to accomplish this task. While judges, no doubt, are capable of applying the law to a case, this is only one aspect of righteous behavior. This article is concerned with the related expectation that judges are capable of rendering fair and impartial decisions. No matter how much training they receive, judges can only avoid biases that are known to them.
Law School Faculty As Mentors, Jim Rosenblatt
Law School Faculty As Mentors, Jim Rosenblatt
Journal Articles
Professors see potential in our students that they do not see themselves. Based on his or her knowledge of the student and his or her awareness of student performance in the classroom and on examinations, a professor might suggest a career path, an intern opportunity, a research topic, an advanced degree, or a job contact that the student had not considered through the "door opening" process by which the professor opens doors and helps the law student see what is behind that door. Without this mentoring assistance that door may never have been opened by the student left to her …
A Law-Policy Proposal To Know Where Babies Come From During The Reproductive Revolution, Michael J. Malinowski
A Law-Policy Proposal To Know Where Babies Come From During The Reproductive Revolution, Michael J. Malinowski
Journal Articles
No abstract provided.
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly
Journal Articles
This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the …
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia
Journal Articles
Scholars have long debated the separation of powers question of what judicial power federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes dynamically or as faithful agents of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often …
The Tax Code As Nationality Law, Michael S. Kirsch
The Tax Code As Nationality Law, Michael S. Kirsch
Journal Articles
This article questions the frequently-asserted axiom that Congress's taxing power knows no bounds. It does so in the context of recently-enacted legislation that creates a special definition of citizenship that applies only for tax purposes. Historically, a person was treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) if, and only if, she was a citizen under the nationality law. As a result of the new statute, in certain circumstances a person might be treated as a citizen for tax purposes (and therefore taxed on her worldwide income and estate) for years or …
Foreign Relations As A Matter Of Interpretation: The Use And Abuse Of Charming Betsy, Roger P. Alford
Foreign Relations As A Matter Of Interpretation: The Use And Abuse Of Charming Betsy, Roger P. Alford
Journal Articles
Charming Betsy is a canon of construction that construes legislative enactments consistent with the law of nations. This canon promotes the passive virtue of avoiding constitutional problems by eschewing potential international law violations through statutory interpretation, thereby enhancing the United States' performance in foreign affairs. As a rule of separation of powers, Charming Betsy helps explain how foreign relations concerns clarify the scope of legislative, executive, and judicial authority. But when advocates contend that the Constitution likewise should be read through the lens of Charming Betsy, they abuse the doctrine by ignoring its purpose. While structural guarantees that relate to …
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Journal Articles
The purpose of this Article is to discuss common mistakes in the current debate on outsourcing authority. The first mistake in the debate on outsourcing authority is about the protagonists. To focus solely on the fact that some justices espouse this approach, while others do not, distorts the true picture of the rich debate that is ongoing at the bar, the bench, the academy, and beyond. Mistaking the voices in the debate will distort what is at issue in the discussion. The reality is much more complex. There is a groundswell of opposition to this trend from various corners and …