Law Commons^™

By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons

John Coons

The basic premise of this book, by two law professors, is that humans, in spite of their differences, share one essential characteristic: "the capacity of every rational person to advance in moral self-perfection." How this is achieved, the authors argue, is more dependent on the intention to do good for one's fellow human beings than on the actual results of any efforts to do so. By this analysis, a person can become good without necessarily doing good; it is the good intention that is ultimately determinative. To flesh this out, the authors make a grand tour of Western philosophy, theology, …

Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner

Cynthia R. Farina

No abstract provided.

Risky Business: Acting As A Lender And Otc Derivative Dealer With The Same Customer, Christian Johnson

Christian A. Johnson

Fabricating Authenticity: Law Students As Country Music Stars, David Caudill

David S Caudill

No abstract provided.

Cases And Materials On The Regulation Of International Business And Economic Relations, 2nd Ed., John Murphy, Alan Swan

John F. Murphy

No abstract provided.

The Trial Of Charles I: A Sesquitricentennial Reflection, Louis Sirico

Louis J. Sirico Jr.

n 1649, Charles I, England's second Stuart king, became the only English ruler to be tried and beheaded. His ordeal illustrates what happens when revolutionaries attempt to use the traditional legal process to overthrow the political order. Charles's opponents--Oliver Cromwell's army and its Puritan allies--believed they could not execute a hereditary monarch unless they attempted to follow acceptable legal proceedings. Therefore, they created a kangaroo court that tried Charles by mimicking a formal trial. Their elaborate impersonation of the rule of law resolutely failed. According to Charles, the court's creators wrongfully claimed the power to alter the kingdom's constitutional structure …

Instant Replay, Weak Teams, And Bad Calls: An Empirical Study Of Alleged Tax Court Judge Bias, James Edward Maule

James Edward Maule

This article summarizes and analyzes empirical data collected in an effort to determine if there is underlying justification for allegations that the United States Tax Court is biased against taxpayers. After reviewing the history of the debate as it appears in legal literature, the article describes the Tax Court and its procedures. The article develops a new methodology for dealing with the issue, by abandoning the traditional case-by-case analysis and instead analyzing each issue decided by the Court. Four hundred thirty cases, providing the opportunity for 1,327 issue decisions, were explored to determine the extent to which bias opportunity exists. …

Redesignating Tribal Trust Land Under Section 164(C) Of The Clean Air Act, Ann Juliano

Ann C Juliano

No abstract provided.

Before The Flood: The History Of Baseball’S Antitrust Exemption, Roger Abrams

Roger I. Abrams

This article addresses the historical anomaly of baseball’s exemption from the federal antitrust laws. Starting with Justice Holmes’ opinion in the 1922 Federal Baseball case, the article criticizes the Supreme Court’s rigid adherence to stare decisis despite considerable changes in the legal and economic context. Ultimately, in the Curt Flood case the Court acknowledges the error of its previous ways, but stubbornly refuses to correct the law, leaving to Congress the ultimate power to revise a half century of judicial errors.

By Nature Equal: The Anatomy Of A Western Insight, Patrick Brennan, John Coons

Patrick McKinley Brennan

The basic premise of this book, by two law professors, is that humans, in spite of their differences, share one essential characteristic: "the capacity of every rational person to advance in moral self-perfection." How this is achieved, the authors argue, is more dependent on the intention to do good for one's fellow human beings than on the actual results of any efforts to do so. By this analysis, a person can become good without necessarily doing good; it is the good intention that is ultimately determinative. To flesh this out, the authors make a grand tour of Western philosophy, theology, …

The Urge To Regulate The Internet Strikes Again, Tom Bell

Tom W. Bell

No abstract provided.

Intellectual Property Rights, Input Markets, And The Value Of Intangible Assets, Robert Merges

Robert P Merges

No abstract provided.

Environmental Impact Assessment In The European Community: Shaping International Norms, William Tabb

William M. Tabb

No abstract provided.

Tax Simplification From A Comparative Point Of View, Hugh Ault

Hugh J. Ault

No abstract provided.

The Emerging Third Strand In Equal Protection Jurisprudence: Recognizing The Co-Constitutive Nature Of Rights And Classes, Julie Nice

Julie A. Nice

This article posits the emergence of a third strand in Equal Protection jurisprudence, one that expands conventional two-strand Equal Protection analysis, which applies heightened scrutiny if a right is fundamental or a class is suspect by treating the interaction between rights and classes as mutually constitutive. This development Professor Nice closely examines a prominent trilogy of “outlier” Supreme Court decisions, Romer v. Evans, Plyler v. Doe, and M.L.B. v. S.L.J., and argues these decisions effectively endorsed a co-constitutive understanding to justify the invalidation of governmental discrimination. In each decision, the Court departed from its conventional focus on a fundamental right …

Geophysical "Trespass" Revisited, Owen Anderson

Owen L. Anderson

No abstract provided.

Tardive Dyskinesia: Tremors In Law And Medicine, Thomas Reed

Thomas J Reed

No abstract provided.

Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Hutchinson

Darren L Hutchinson

No abstract provided.

The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.

Biography Of William Cary

Patricia A. McCoy

No abstract provided.

Regulatory Improvement Legislation: Judicial Review Of Provisions Regarding Risk Assessment And Cost-Benefit Analysis, Mary Ann Chirba, Frederick Anderson, E. Donald Elliott, Cynthia Farina, Ernest Gelhorn, John Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald Levin, Lars Noah, Katherine Rhyne, Jonathan Weiner

Mary Ann Chirba

No abstract provided.

Commercial Transactions: Secured Financing: Cases, Materials, Problems, Ingrid Hillinger, Raymond Nimmer, Michael Hillinger

Ingrid Michelsen Hillinger

Accompanied by Commercial Transactions: Secured Financing: Cases, Materials, Problems, 2nd ed. Teacher's Manual, by Nimmer, Hillinger and Hillinger. New York: Lexis Publishing, 2000

Recent Publication, 24 Yale Journal Of International Law 342 (Reviewing Peter H. Schuck, Citizens, Strangers, And In-Betweens: Essays On Immigration And Citizenship (1998)), Anil Kalhan

Anil Kalhan

No abstract provided.

Fostering Harmony Among The Justices: How Contemporary Debates In Theology Can Help To Reconcile The Divisions On The Court Regarding Religious Expression By The State, Kathleen Brady

Kathleen A Brady

No abstract provided.

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Internet Gambling: Popular, Inexorable, And (Eventually) Legal, Tom Bell

Tom W. Bell

No abstract provided.

Raising The Caroline, Timothy Kearley

Timothy G. Kearley

This article examines the Caroline case, which articulates when one state can lawfully use force in the territory of another state in peacetime against another state that has been unable or unwilling to prevent its territory from being used to harm the state taking action. It analyzes how the doctrine arising from this case has been misconstrued by some to apply to all uses of force in self defense.

Writing, Reflecting And Professionalism, Michael Meltsner

Michael Meltsner

In this article, I present an approach to stimulating reflective writing that may interest law teachers looking to raise issues of professional values and clinicians seeking an alternative to the use of open-ended journal writing. The students whose experience will be described were enrolled in an experimental course on the legal profession, but the method employed may work equally well in a variety of clinical settings, whether externship or in-house clinics, or for that matter in other law school courses.

The Craft Of Teaching, Robert Bennett

Robert B. Bennett

Note: full-text not available due to publisher restrictions. Link takes you to an external site where you can purchase the article or borrow it from a local library.

Gay Rights For Gay Whites: Race, Sexual Identity, And Equal Protection Discourse, Darren Hutchinson

Darren L Hutchinson

No abstract provided.