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Articles 1 - 30 of 56
Full-Text Articles in Entire DC Network
Renovating Discovery, Paul D. Carrington
A Tale Of Two Lawyers, Paul D. Carrington
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Foucault In Cyberspace: Surveillance, Sovereignty, And Hardwired Censors, James Boyle
Faculty Scholarship
This is an essay about law in cyberspace. I focus on three interdependent phenomena: a set of political and legal assumptions that I call the jurisprudence of digital libertarianism, a separate but related set of beliefs about the state's supposed inability to regulate the Internet, and a preference for technological solutions to hard legal issues on-line. I make the familiar criticism that digital libertarianism is inadequate because of its blindness towards the effects of private power, and the less familiar claim that digital libertarianism is also surprisingly blind to the state's own power in cyberspace. In fact, I argue that …
A Grotian Tradition Of Theory And Practice: Grotius, Law, And Moral Skepticism In The Thought Of Hedley Bull, Benedict Kingsbury
A Grotian Tradition Of Theory And Practice: Grotius, Law, And Moral Skepticism In The Thought Of Hedley Bull, Benedict Kingsbury
Faculty Scholarship
No abstract provided.
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
Nothing And Everything: Race, Romer, And (Gay/Lesbian/Bisexual) Rights, Robert S. Chang, Jerome Mccristal Culp Jr.
Faculty Scholarship
In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not because of their sexuality but, rather, despite it. The authors demonstrate their thesis by examining the racial underpinnings of the Court's opinion, which begins with Justice Harlan's famous dissent in Plessy v. Ferguson and which relies on a specific vision of color-blindness. This submerged racial jurisprudence provides the …
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Taming Shiva: Applying International Law To Nuclear Operations, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec
Corporate Debt Restructurings In Mexico: For Foreign Creditors, Insolvency Law Is Only Half The Story, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline Morris
Faculty Scholarship
During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial. Over the past months, I have worked closely with the government of Rwanda on justice issues in the course of a research project that I am doing on the role of national and international tribunals in the former Yugoslavia, Ethiopia, and Rwanda. I would like to share with you some observations arising from that work. I will examine the approaches to …
Justice Delayed Is Justice Denied, Erwin Chemerinsky
Justice Delayed Is Justice Denied, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley
Territorial Intellectual Property Rights In An Age Of Globalism, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Why The Web?, Richard A. Danner
Renaissance Matters, Richard A. Danner
The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington
The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Sustainable Consumption And The Law, James Salzman
Sustainable Consumption And The Law, James Salzman
Faculty Scholarship
No abstract provided.
Valuing Ecosystem Services (Review Essay), James Salzman
Valuing Ecosystem Services (Review Essay), James Salzman
Faculty Scholarship
reviewing, Nature's Services: Societal Dependence on Natural Ecosystems (Gretchen C. Daily ed., 1997)
Equal Treatment For Shareholders: An Essay, James D. Cox
Equal Treatment For Shareholders: An Essay, James D. Cox
Faculty Scholarship
No abstract provided.
The Constitutional Limits Of Judicial Rulemaking: The Illegitimacy Of Mass-Tort Settlements Negotiated Under Federal Rule 23, Paul D. Carrington, Derek P. Apanovitch
The Constitutional Limits Of Judicial Rulemaking: The Illegitimacy Of Mass-Tort Settlements Negotiated Under Federal Rule 23, Paul D. Carrington, Derek P. Apanovitch
Faculty Scholarship
No abstract provided.
Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington
Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington
Faculty Scholarship
In this article, Professor Carrington offers an intellectual history of Thomas McIntyre Cooley. Cooley, a close contemporary of Dean Langdell, was in his time the premier judge, law teacher, and legal scholar in America, overshadowing not only Langdell, but his somewhat younger associate, Oliver Wendell Holmes. The twentieth century has neglected, even scorned, Cooley, while elevating Langdell and Holmes: Langdell as the patron of the technographic profession trained by Hessians, and Holmes as the patron of a disengaged academic sub-profession. In the Jacksonian universe producing Cooley, there was little appreciation of the likes of either Landgell and his successors, or …
Introduction: Is Law An Autonomous Discipline?, Steven L. Schwarcz
Introduction: Is Law An Autonomous Discipline?, Steven L. Schwarcz
Faculty Scholarship
No abstract provided.
Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp
Latinos, Blacks, Others, And The New Legal Narrative, Jerome M. Culp
Faculty Scholarship
No abstract provided.
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Faculty Scholarship
No abstract provided.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel Charles
Faculty Scholarship
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Judicial Restraint In The Administrative State: Beyond The Countermajoritarian Difficulty, Matthew D. Adler
Faculty Scholarship
Arguments for judicial restraint point to some kind of judicial deficit (such as a democratic or an epistemic deficit) as grounds for limiting judicial review. ("Judicial review" is used in this Article to mean, essentially, the judicial invalidation of statutes, rules, orders and actions in virtue of the Bill of Rights, or similar unwritten criteria.). The most influential argument for judicial restraint has been the Countermajoritarian Difficulty. This is a legislature-centered argument: one that points to features of *legislatures*, as grounds for courts to refrain from invalidating *statutes*. This Article seeks to recast scholarly debate about judicial restraint, and to …
Agency Principles And Large Block Shareholders, Deborah A. Demott
Agency Principles And Large Block Shareholders, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Formalism And Functionalism In Federalism Analysis, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
What Would Be The Impact Of Eliminating Affirmative Action?, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
More Speech Is Better, Erwin Chemerinsky
More Speech Is Better, Erwin Chemerinsky
Faculty Scholarship
In this Reply, Professor Chemerinsky argues that the application of First Amendment principles to private institutions is desirable. Under traditional law, the free speech interests of private institutions are always favored over the free speech interests of individuals. Transporting First Amendment norms to the private sector is desirable because more speech is generally best and private power can chill and prevent speech just as much as government actions. Courts should balance the competing free speech interests of institutions and individuals, rather than always siding with the institution over the individual.
Decision-Makers: In Defense Of Courts, Erwin Chemerinsky
Decision-Makers: In Defense Of Courts, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Apportioning Business Profits Generated By Spousal Labor And Capital Owned Over Time By Shifting Fractional Shares Of The Separate And Community/Martial Estates, William A. Reppy Jr.
Apportioning Business Profits Generated By Spousal Labor And Capital Owned Over Time By Shifting Fractional Shares Of The Separate And Community/Martial Estates, William A. Reppy Jr.
Faculty Scholarship
No abstract provided.
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.