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Articles 1 - 30 of 143
Full-Text Articles in Entire DC Network
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Michigan Law Review
For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …
The Opinion Volume 41 Issue 2 – November 25, 2002, The Opinion
The Opinion Volume 41 Issue 2 – November 25, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 25, 2002
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 23, 2002
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
The Journal of Appellate Practice and Process
No abstract provided.
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
Gerald Lebovits
No abstract provided.
Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser
Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser
Buffalo Law Review
No abstract provided.
A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett
A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett
Buffalo Law Review
No abstract provided.
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Faculty Publications
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Cornell Law Faculty Publications
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …
Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler
Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Faculty Scholarship
On the 200th anniversary of Whittington and approaching the 200th anniversary of Marbury, this article revisits these two decisions and challenges legal scholars' assumptions that they were such strong precedents for judicial review.5 When one takes into account the broader contexts, both decisions were in fact judicial capitulations to aggressive legislatures and executives. The Maryland General Court asserted its judicial supremacy only in dicta, and the court failed to enforce judicial supremacy when it was legally justified. This article picks apart the court's reasoning step by step, using Whittington to illuminate Marbury and Marbury to illuminate Whittington. …
Important Lessons From History, Wendy Brown-Scott
Important Lessons From History, Wendy Brown-Scott
Buffalo Human Rights Law Review
Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Buffalo Human Rights Law Review
No abstract provided.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
University of Michigan Journal of Law Reform
In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Nevada Law Journal
No abstract provided.
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Nevada Law Journal
No abstract provided.
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Nevada Law Journal
No abstract provided.
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
Nevada Law Journal
No abstract provided.
The Nonprofit Sector And The New State Activism, Mark Sidel
The Nonprofit Sector And The New State Activism, Mark Sidel
Michigan Law Review
The burgeoning field of nonprofit and philanthropic law has a new and superb history in Norman Silber's pathbreaking A Corporate Form of Freedom: The Emergence of the Nonprofit Sector. In confronting "the history of efforts to control the creation and permissible purposes for nonprofit corporations by states, and ... the relocation of these efforts to the Internal Revenue Service" (p. 5), Professor Silber effectively deliniates the rich history of our ambiguous, often conflicted attempts to regulate the American nonprofit sector, and points clearly to the ways in which history influences the current complexities of state regulation. From a discredited …
Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld
Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld
Contributions to Books
Published as Chapter 14 in Republicanism and Liberalism in America and the German States, 1750–1850, Jürgen Heideking, James A. Henretta & Peter Becker, eds.
Liberal ideas are normally taken to have played an important role in the development of free markets, and of free labor based on contract in those markets. A closer look at labor regimes in the nineteenth century, however, reveals that liberal commitments to freedom did not straightforwardly produce what we today would think of as free labor. Just as often they produced a form of coerced contractual labor. And this was quite simply because liberal commitments …
Foreword, Azizah Y. Al-Hibri
Foreword, Azizah Y. Al-Hibri
Law Faculty Publications
Recent world events have also underlined the fact that the shrinking global village is not moving automatically towards increased democracy, peace and cooperation. The use of force continues to be the preferred tool for conflict resolution, despite all claims to the contrary. To complicate matters, the new technological innovations are bringing violence instantaneously to our doorstep. Conflicts in far away regions of the world can no longer be ignored. They have cast their shadow over our cities. The dream of the global village has become a nightmare, with no apparent exit. What can we do about it?
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
American University Law Review
No abstract provided.
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
The Journal of Appellate Practice and Process
No abstract provided.
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair
Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair
The Journal of Appellate Practice and Process
No abstract provided.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.