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Articles 5791 - 5816 of 5816
Full-Text Articles in Law
Teaching Contract Law: Introducing Students To A Critical Perspective Through Discussion Of Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi
Teaching Contract Law: Introducing Students To A Critical Perspective Through Discussion Of Indentured Servitude And Sharecropper Contracts, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
An introductory law school course in contract law, prior to commencing the detailed study of specific doctrines, should at the outset provide some general orientation to the students by presenting them with a broad overview of the conventional characterization of contract law as a benign social institution that facilitates private ordering and promisee reliance. However, this initial orientation to the underlying rationale of the subject should also expose the students to a contrasting and more critical perspective that calls attention to contract law’s occasional use as a means of social domination and oppression. A brief discussion of the history of …
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley
Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley
Articles
No abstract provided.
Inviting Both Amos Tversky And Solomon Asch: It's Not All Casino Capitalism, Robert Eli Rosen
Inviting Both Amos Tversky And Solomon Asch: It's Not All Casino Capitalism, Robert Eli Rosen
Articles
No abstract provided.
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
In 1709, Jacob Tonson, the premier publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work.
This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. First, …
Managing Moral Risk: The Case Of Contract, Aditi Bagchi
Managing Moral Risk: The Case Of Contract, Aditi Bagchi
All Faculty Scholarship
The concept of moral luck describes how the moral character of our actions seems to depend on factors outside our control. Implications of moral luck have been extensively explored in criminal law and tort law, but there is no literature on moral luck in contract law. I show that contract is an especially illuminating domain for the study of moral luck because it highlights that moral luck is not just a dark cloud over morality and the law to bemoan or ignore. We anticipate moral luck, i.e., we manage our moral risk, when we take into account the possibility that …
Plural Constitutionalism And The Pathologies Of American Healthcare, Theodore Ruger
Plural Constitutionalism And The Pathologies Of American Healthcare, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Partial Patents, Gideon Parchomovsky, Michael Mattioli
Partial Patents, Gideon Parchomovsky, Michael Mattioli
All Faculty Scholarship
In this Article, we propose a way to improve the workings of the patent system. Unlike most extant reform proposals that focus on the USPTO and the Federal Circuit and the procedures they employ, our proposal is concep- tual in nature. We introduce two new intellectual property forms — “quasi- patents” and “semi-patents.” Both forms are designed to mitigate the social costs of traditional patents by increasing the use and availability of new inventions and research information. Quasi-patents, as we define them, would avail only against direct business competitors of the inventor, but not against anyone else. Semi-patents would have …
"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman
"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker
In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker
Faculty Scholarship
Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks not any laxity or insouciance on Bill’s part, or even a false modesty, but rather an intense commitment to intellectual rigor, and (even more astounding for a legal academic) actually “getting it right.”
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Controlling Sexually Violent Predators: Continued Incarceration At What Cost?, Tamara Rice Lave
Articles
Sexually violent predator (SVP) laws are inherently suspicious because they continue to incarcerate people not because of what they have done, but because of what they might do. I focus on three major criticisms of the laws. First, I use recent recidivism data to challenge the core motivation for the SVP laws-that sex offenders are monsters who cannot control themselves. Second, I situate the laws theoretically as examples of what Feeley and Simon call the "new penology." I argue that the SVP laws show the limited promise of the new penology—that we can use science to predict risk accurately--because the …
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Consultation And Legitimacy In Transnational Standard-Setting, Caroline Bradley
Articles
No abstract provided.
Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes
Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes
Articles
Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant standing in the world economy and polity, prevailing "social structures of accumulation" within the United States were already in decline. For CRT's next iteration, we argue that a critical race materialist approach is necessary to interpret the history of how economic and social structures of identity are inextricably linked. …
The Geometry Of Inside And Outside, David Abraham
The Geometry Of Inside And Outside, David Abraham
Articles
These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.
At The Conjunction Of Love And Money: Comment On Julie A. Nelson, Does Profit-Seeking Rule Out Love? Evidence (Or Not) From Economics And Law, William Wilson Bratton
At The Conjunction Of Love And Money: Comment On Julie A. Nelson, Does Profit-Seeking Rule Out Love? Evidence (Or Not) From Economics And Law, William Wilson Bratton
Articles
No abstract provided.
Rethinking The Development Of Weapons And Their Impact, Petros J. Katsioloudis, Mildred V. Jones
Rethinking The Development Of Weapons And Their Impact, Petros J. Katsioloudis, Mildred V. Jones
STEMPS Faculty Publications
The article presents information on conventional weaponry and threats posed by it for the environment. Weapons consist of chemical, biological, depleted uranium, landmines, nuclear, jet fighters, and even the conventional lead bullets. It is stated that the manufacturing of biodegradable weapons that don't pollute the environment must be promoted, as they also strengthen the laws which ban the use of toxic and other chemical weapons. A table on correlation with standards for technological literacy, is also presented.
Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin
Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin
Sabin Center for Climate Change Law
This paper describes the current state of China’s recognition of sea level rise in the context of global climate change. The author analyzes official state documents addressing sea level rise, including the annual China Sea Level Communiqué, and compares them with local government initiatives and perspectives from non-governmental sources such as academia, NGOs and the general public. The paper concludes that, while China has taken many commendable steps towards addressing sea level rise, there are still considerable obstacles to be overcome. Finally, the author recommends that local governmental and non-governmental actors play a larger and better defined role. The author …
Paper Tectonics, Patrick O. Gudridge
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks
Articles
No abstract provided.
Raising The Bar And The Public Interest: On Prior Restraints, Traditional Contours, And Constitutionalizing Preliminary Injunctions In Copyright Law, John M. Newman
Articles
No abstract provided.
An Empirical Analysis Of Wealth Disparities In Wto Disputes: Do Poorer Countries Suffer From Strategic Delay During Dispute Litigation?, Geoffrey Antell, James W. Coleman
An Empirical Analysis Of Wealth Disparities In Wto Disputes: Do Poorer Countries Suffer From Strategic Delay During Dispute Litigation?, Geoffrey Antell, James W. Coleman
Faculty Journal Articles and Book Chapters
A long-standing debate questions whether the World Trade Organization’s (“WTO”) formal dispute settlement procedures level the playing field for lower income countries in international trade disputes, or instead, merely give opportunistic and sophisticated countries complex rules that they can use to exploit these lower income countries. Using a database of cases decided under the WTO, this article examines whether there is evidence that developing countries suffer strategic delay when they sue developed countries. Strategic delay is a crucial consideration in WTO proceedings because, unlike in typical litigation, the WTO dispute settlement process does not offer backward-looking remedies. As a result, …
Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor
Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor
Faculty Journal Articles and Book Chapters
The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …
Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector
Debts, Defaults And Details: Exploring The Impact Of Debt Collection Litigation On Consumers And Courts, Mary B. Spector
Faculty Journal Articles and Book Chapters
This Article explores consumer collection litigation through original research from more than five hundred cases filed in the Dallas County courts. It analyzes the data within the context of the modern debt collection industry, paying special attention to the role of debt buyers and to the peculiar legal issues their involvement raises. After explaining the methodology and mechanics used to gather and analyze the data, the Article discusses the data collected, identifying and analyzing the most significant findings and placing them within a larger legal landscape. While the research confirms anecdotal reports of litigation abuse in consumer collection cases, it …
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
There are currently well over ten million underwater homeowners whose mortgage obligations exceed the current value of their houses, with an aggregate negative equity position of at least $800 billion and possibly over $1 trillion. The overwhelming majority of these persons continue to make their mortgage payments even though for many their interests would be better served by defaulting. This is therefore an unstable situation that could suddenly erupt with a rapid cascade of millions of strategic defaults, potentially triggering severe macroeconomic dislocations. It is urgent that this situation be defused through the modification of the mortgages of a large …
Mortgage Modification And Strategic Behavior: A Contrarian Interpretation Of The Countrywide Financial Corporation Settlement, Gregory S. Crespi
Mortgage Modification And Strategic Behavior: A Contrarian Interpretation Of The Countrywide Financial Corporation Settlement, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
Christopher Mayer, Edward Morrison, Thomas Piskorski and Arpit Gupta of Columbia University have recently published in the Law and Finance eJournal a comprehensive study demonstrating the significant impacts on strategic default rates of the widely publicized Countrywide Financial Corporation settlement of 2008. While their study is comprehensive and carefully done, their implicit assumption that strategic defaults are something to be discouraged rather than encouraged, a position that I have criticized in my earlier work, undercuts the usefulness of their work for policy guidance. From their perspective the Countrywide settlement provides a cautionary tale about difficult trade-offs to be faced in …
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
It's The Hard Luck Life: Women's Moral Luck And Eucatastrophe In Child Custody Allocation, Lolita Buckner Inniss
Faculty Journal Articles and Book Chapters
No abstract provided.
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Indefinite Detention Under The Laws Of War, Chris Jenks, Eric Talbot Jensen
Faculty Journal Articles and Book Chapters
The recent acquittal of the first Guantanamo Bay detainee to stand trial in U.S. federal court on all but one of the 286 charges he faced stemming from the 1998 bombings of two U.S. embassies in Africa has reinvigorated the discussion on indefinite detention under the laws of war. While the issue has been raised in the past, the discussion hasn’t extended beyond stating that the law of war, or law of armed conflict (LOAC) as it is often called, provides a legal basis for detention, including detention for the duration of hostilities. In fact, the Obama Administration has made …