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Articles 121 - 146 of 146
Full-Text Articles in Law
In Defense Of Specialized Theft Statutes, David Gray
In Defense Of Specialized Theft Statutes, David Gray
David C. Gray
This essay is an invited contribution to a symposium hosted by the New England Law Review in celebration of Stuart Green’s important book 13 Ways to Steal a Bicycle. As we note, Professor Green’s argument is so reasonable and executed in such elegant prose, there is little call for anything other than praise. Nevertheless, in the spirit of academic exchange, we challenge Professor Green’s skepticism of specialized theft statutes. Relying on retributivist theories of criminal punishment, we argue that specialized theft statutes have an important role to play in contemporary criminal law by educating the public about the necessary commitments …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David Gray, Danielle Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David Gray, Danielle Citron
David C. Gray
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and explores …
Changing The United Kingdom Constitution: The Blind Sovereign, Richard Kay
Changing The United Kingdom Constitution: The Blind Sovereign, Richard Kay
Richard Kay
The traditional doctrine of the sovereignty of Parliament in the United Kingdom is being transformed. The change is the cumulative result of a series of legislative acts, judicial decisions, statements of officials and academic opinions. This paper is not directed to the extent or to the propriety of this change. It examines rather the process by which it has been effected. In most of the world, wholesale constitutional revision is an event. It takes place in a defined period of time and is the work of an identifiable group of people. The striking thing about the changes in the UK …
Annotations On Protection Of Established Position - A Basic Normative Pattern, Ann Numhauser-Henning
Annotations On Protection Of Established Position - A Basic Normative Pattern, Ann Numhauser-Henning
Ann Numhauser-Henning
No abstract provided.
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
Leila Brännström
No abstract provided.
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
The Right To Quantitative Privacy, David C. Gray, Danielle Keats Citron
Danielle Keats Citron
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments and their private sector agents continue to invest billions of dollars in massive data-mining projects, advanced analytics, fusion centers, and aerial drones, all without serious consideration of the constitutional issues that these technologies raise. In United States v. Jones, the Supreme Court signaled an end to its silent acquiescence in this expanding surveillance state. In that case, five justices signed concurring opinions defending a revolutionary proposition: that citizens have Fourth Amendment interests in substantial quantities of …
The Constitution As If Consent Mattered, Tom W. Bell
The Constitution As If Consent Mattered, Tom W. Bell
Tom W. Bell
Libertarians do not fit into the left-right spectrum very comfortably; by their own account, they transcend it. This brief paper, written for a Chapman Law Review symposium on libertarian legal theory, argues that libertarians should likewise transcend the dichotomy currently dividing constitutional theory. The Left tends to regard the Constitution as adaptable to current needs and defined by judicial authority; the Right tends to search the historical record for the Constitution’s original meaning. Each of those conventional approaches has its own virtues and vices. Combining the best of both — the responsiveness of living constitutionalism and the textual fidelity of …
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron
Danielle Keats Citron
On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and explores …
Apology, Forgiveness, Reconciliation, & Therapeutic Jurisprudence, Susan Daicoff
Apology, Forgiveness, Reconciliation, & Therapeutic Jurisprudence, Susan Daicoff
Susan Daicoff
No abstract provided.
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo
Nick J. Sciullo
This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Energy And Environment Policy Case For A Global Project, Thomas A. Faunce
Thomas A Faunce
A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.
Legal Theory From The Regulative Point Of View, Alani Golanski
Legal Theory From The Regulative Point Of View, Alani Golanski
Alani Golanski
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Brian M McCall
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
Parsing Judicial Activism, Scott Dodson
Parsing Judicial Activism, Scott Dodson
Scott Dodson
This microsymposium contribution responds to Suzanna Sherry's paper "Why We Need More Judicial Activism" and offers a heuristic--what I call libertarian activism--for distinguishing activism that reduces governmental power from activism that enhances governmental power.
Copyright Infringement Of Music Cases: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato
Copyright Infringement Of Music Cases: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato
Margit Livingston
Anonymous Speech On The Internet, Brian C. Murchison
Anonymous Speech On The Internet, Brian C. Murchison
Brian C. Murchison
No abstract provided.
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
Allen Mendenhall
Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …
Diverse Discursive Contextualization Of Audience, Place, And Power In Legal Communication: Review Of Vijay K. Bhatia, Christoph A. Hafner, Lindsay Miller, And Anne Wagner (Editors): Transparency, Power, And Control: Perspectives On Legal Communication, Sarah Marusek
Sarah Marusek, Ph.D
No abstract provided.
The Law Review Approach: What The Humanities Can Learn, Allen P. Mendenhall
The Law Review Approach: What The Humanities Can Learn, Allen P. Mendenhall
Allen Mendenhall
This essay describes how the law review process generally works and then discusses what the humanities can learn and borrow from the law review process. It ends by advocating for a hybrid law review/peer review approach to publishing. The law review process is not a panacea for our publishing ills. It has several drawbacks and shortcomings. This essay highlights the positives and notes some of the negatives of the law review publishing process, but a lengthy explanation of all that is good or bad about law reviews is not my aim. Every law review has its idiosyncrasies and methodologies, but …
Justice Holmes And Conservatism, Allen P. Mendenhall
Justice Holmes And Conservatism, Allen P. Mendenhall
Allen Mendenhall
Conservatives and libertarians have been harsh critics of Justice Holmes, but Holmes was not the progressive that these critics make him out to be. Holmes’s jurisprudence lends itself to conservative and libertarian jurisprudence, in particular in the areas of federalism and judicial restraint. Holmes disdained the politics of the young socialists who adored him, and Richard Posner goes so far as to cast Holmes as a free market capitalist. A common mistake is to take Holmes’s deference to the mores and traditions of states and localities as evidence of his shared belief in those mores and traditions. Holmes did not …
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
Donald J. Kochan
This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …
The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan
The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan
Donald J. Kochan
Whether as a matter of duty or utility, lawyers give reasons for their actions all the time. In the various venues in which legal skills must be employed, reason giving is required in some, expected in others, desired in many, and useful in most. This Essay underscores the pervasiveness of reason giving in the practice of law and the consequent necessity of lawyers developing a skill at giving reasons. This Essay examines reason giving as an innate human characteristic related directly to our need for answers and our constant yearning to understand the answer to the question “why.” It briefly …
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Donald J. Kochan
Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property things in the world. This symposium article explores the essential character of such systems in providing certainty of title, and takes a tour through the mortgage foreclosure crisis to see where adherence to and respect for these systems’ roles broke down. Leading up to the crisis, as securitization became vogue and the housing boom blurred …
Book Review - 'The Elements Of Legislation' By Neil Duxbury, Brian Christopher Jones
Book Review - 'The Elements Of Legislation' By Neil Duxbury, Brian Christopher Jones
Brian Christopher Jones
No abstract provided.
"El Tjue Aporta Una Nueva Precisión Sobre El Concepto ‘Declaración De Reducción Del Riesgo De Enfermedad’ En El Etiquetado Alimentario: La Sentencia 'Green – Swan' De 18 De Julio De 2013", Luis González Vaqué
"El Tjue Aporta Una Nueva Precisión Sobre El Concepto ‘Declaración De Reducción Del Riesgo De Enfermedad’ En El Etiquetado Alimentario: La Sentencia 'Green – Swan' De 18 De Julio De 2013", Luis González Vaqué
Luis González Vaqué
El Reglamento (UE) nº 1924/2006 armoniza las disposiciones legales, reglamentarias y administrativas de los Estados miembros referentes a las declaraciones nutricionales y las relativas a la salud a fin de garantizar el funcionamiento eficaz del mercado interior y, al mismo tiempo, tiende a proporcionar un alto nivel de protección del consumidor. En 2012, el 'Nejvyšší správní soud' (Tribunal Supremo Administrativo de la República Checa) remitió al TJUE un petición de decisión prejudicial referente a la interpretación de varios artículos de dicha normativa comunitaria. El órgano jurisdiccional remitente preguntaba, en particular, si el artículo 2, apartado 2, número 6, del citado …
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek
Péter Cserne
This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.