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The Gift Of Milner Ball, Thomas L. Shaffer Nov 2013

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr. Nov 2013

Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.

Thomas L. Shaffer

No abstract provided.


The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer Nov 2013

The Ethics Of Dissent And Friendship In The American Professions, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer Nov 2013

The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Legal Ethics After Babel, Thomas L. Shaffer Nov 2013

Legal Ethics After Babel, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig Oct 2013

Property Distribution Physics: The Talisman Of Time And Middle Class Law, Margaret F. Brinig

Margaret F Brinig

No abstract provided.


The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee Oct 2013

The Terrorism Risk Insurance Act: Time To End The Corporate Welfare, Robert J. Rhee

Robert Rhee

The terrorist attacks of September 11, 2001, inflicted enormous losses on the insurance industry and businesses. In the wake of the disruptions occurring in the insurance market at the time, the government enacted the Terrorism Risk Insurance Act of 2002 to create a “temporary” federal backstop against catastrophic losses. This program subsidized private risk with public funds through a cost-sharing program for which the government does not receive any compensation. The compelling need for the program was unclear even in the smoldering aftermath of 9/11. Yet in response to effective lobbying by the insurance industry and business interests, Congress has …


Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds Oct 2013

Arthur Soden's Legacy: The Origins And Early History Of Baseball's Reserve System, Edmund P. Edmonds

Edmund P. Edmonds

The article focuses on the nineteenth century evolution of the U.S. baseball reserves system. It mentions that the early history of the reserve clause establishes a relationship with sports collective bargaining agreements. It notes that its basic structure stems from a dispute between Boston owner Arthur Soden and baseball players James O'Rourke and George Wright. It also emphasizes on discipline imposed to the players who abandon their contracts to seek higher salaries from a different team.


Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen Sep 2013

Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen

Laurel E. Fletcher

Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system …


Foreword--Speaking In The First Person Plural: Expressive Associations And The First Amendment, Daniel A. Farber Sep 2013

Foreword--Speaking In The First Person Plural: Expressive Associations And The First Amendment, Daniel A. Farber

Daniel A Farber

No abstract provided.


Asterisk Revisited: Debating A Right Of Reply On Search Results, Frank Pasquale Aug 2013

Asterisk Revisited: Debating A Right Of Reply On Search Results, Frank Pasquale

Frank A. Pasquale

No abstract provided.


Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin Jul 2013

Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin

Michael Jacklin

Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …


The Rule Of Law In Cyberspace, Mireille Hildebrandt Jun 2013

The Rule Of Law In Cyberspace, Mireille Hildebrandt

Mireille Hildebrandt

This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.


Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow Apr 2013

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.


Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow Apr 2013

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.


Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow Apr 2013

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.


Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow Apr 2013

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.


The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn Mar 2013

The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn

Geoffrey S. Corn

Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …


"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom Mar 2013

"Alien" Litigation As Polity-Participation: The Positive Power Of A "Voteless Class Of Litigants", Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Race And Colorblindness After Hernandez And Brown, Ian Haney-López Feb 2013

Race And Colorblindness After Hernandez And Brown, Ian Haney-López

Ian F. Haney-López

No abstract provided.


Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López Feb 2013

Nation Of Minorities: Race, Ethnicity, And Reactionary Colorblindness, A, Ian F. Haney-López

Ian F. Haney-López

No abstract provided.


The First Amendment Right To Bare All: How Should Courts Apply The Secondary Effects Doctrine To Strip Bars And Other Sexually Oriented Businesses?, Andrew L. Arons Feb 2013

The First Amendment Right To Bare All: How Should Courts Apply The Secondary Effects Doctrine To Strip Bars And Other Sexually Oriented Businesses?, Andrew L. Arons

Andrew L Arons

The U.S. Supreme Court has developed a deferential First Amendment Doctrine that can be used to uphold laws that target speakers on the basis of the content of their speech. This so-called “secondary effects” doctrine relies on a fictional premise: state and local laws that target certain forms of speech are actually aimed at the adverse secondary effects of the speech. The doctrine supposedly applies to any form of speech that produces secondary effects. It also theoretically permits targeted speakers to challenge the constitutionality of such laws by disproving the existence of secondary effects. Nevertheless, lower courts have impliedly limited …


Slaughter Of The Innocents: Justification, Excuse And The Principle Of Double Effect, Edward C. Lyons Dec 2012

Slaughter Of The Innocents: Justification, Excuse And The Principle Of Double Effect, Edward C. Lyons

Edward C. Lyons

No abstract provided.


Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo Dec 2012

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …


Emerging Technologies And Dwindling Speech, Jorge R. Roig Dec 2012

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …


Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry Dec 2012

Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry

Laurel S. Terry

This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …


Transnational Judicial And Non-Judicial Remedies For Corporate Human Rights Harms: Challenges Of And For Law, Sara L. Seck Dec 2012

Transnational Judicial And Non-Judicial Remedies For Corporate Human Rights Harms: Challenges Of And For Law, Sara L. Seck

Sara L. Seck

This paper will consider whether the polycentric governance approach of the 2011 United Nations Guiding Principles on Business and Human Rights has the potential to achieve the goal of transnational corporate compliance with human rights responsibilities including, importantly, the goal of access to remedy and justice for those who have been harmed. The paper was initially written as a contribution to a conference at the University of Windsor entitled Justice Beyond the State: Transnationalism and Law. First, the paper examines understandings of “citizenship” and “non-citizenship” in relation to transnational corporate [TNC] accountability in the human rights context. Two distinct perspectives …