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Articles 1 - 15 of 15
Full-Text Articles in Law
Is The Jewish Tradition Intellectual Property?, Roberta Kwall
Is The Jewish Tradition Intellectual Property?, Roberta Kwall
College of Law Faculty
Whether works of authorship should be protected from unauthorized changes and, if so, in what manner, are questions of endless fascination to intellectual property scholars. Jewish law is not typically considered a “work of authorship” although in many ways it can be so viewed. This article is concerned with exploring the Jewish tradition as intellectual or cultural property. It focuses on the human dimension of creativity embodied in the Jewish tradition, and how that dimension is manifested in the rabbinic interpretation of Jewish law. The resulting tradition — as it is embodied in both the Jewish texts and lived by …
The Cultural Analysis Paradigm: Women And Synagogue Ritual, Roberta Kwall
The Cultural Analysis Paradigm: Women And Synagogue Ritual, Roberta Kwall
College of Law Faculty
This Article develops an original cultural analysis paradigm with significant implications for understanding the relationship between law and culture. It also illustrates how this relationship should inform the normative application of areas of law in which tensions exist between modern sensibilities and traditional practices steeped in cultural perspectives form other times. Indeed, the negotiation between preservation and change confronts all ancient cultural traditions in modernity. The specific application invoked in this Article concerns the issue of women being called to read publicly from the Torah, a subject of serious academic debate among observant Jews. The analysis demonstrates that the virtually …
Contract Breaches And The Criminal/Civil Divide: An Inter-Common Law Analysis, Monu Bedi
Contract Breaches And The Criminal/Civil Divide: An Inter-Common Law Analysis, Monu Bedi
College of Law Faculty
Scholars have long debated why certain common law breaches in American jurisprudence receive criminal punishment (imprisonment) while others only receive civil sanctions (monetary damages). Scholars like Richard Posner and Guido Calabresi have used economic-based models and the notion of efficiency to explain why torts only receive civil sanctions but crimes receive criminal punishment. Others like John Coffee and Paul Robinson have questioned the explanatory power of these models. Instead, they have focused on the moral difference between torts and crimes. Simply put, a crime’s intentional nature makes it morally worse than the carelessness typified by tortious activity. Interestingly, scholars on …
The Cultural Analysis Paradigm: Women And Synagogue Ritual As A Case Study, Roberta Kwall
The Cultural Analysis Paradigm: Women And Synagogue Ritual As A Case Study, Roberta Kwall
College of Law Faculty
No abstract provided.
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
Common-Law Interpretation Of Appropriate Education: The Road Not Taken In Rowley, Mark Weber
College of Law Faculty
Thirty years old in 2012, Board of Education v. Rowley is the case that established a some-benefit or floor-of-opportunity standard for the services public school districts must provide to children who have disabilities. But the some-benefit approach is by no means the only one the Court could have adopted. It could have endorsed the view of the lower courts that each child with a disability must be given the opportunity to achieve his or her potential commensurate with the opportunity offered other children. Or it could have adopted a standard based on achievement of the child’s full potential or the …
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark Weber
Procedures And Remedies Under Section 504 And The Ada For Public School Children With Disabilities, Mark Weber
College of Law Faculty
Much has been written about procedures and remedies under the Individuals with Disabilities Education Act, but few scholars have explored procedural rights and corresponding mechanisms of administrative and judicial relief for victims of public schools’ violations of children’s rights under section 504 of the Rehabilitation Act of 1973 and title II of the Americans with Disabilities Act. This paper will discuss the administrative procedures that must be followed in hearings regarding complaints of violations of those laws by public school districts and the relief that hearing officers and courts may provide. It will begin with an update on developments regarding …
Cluster Introduction: Culture, Knowledge, Law, And Community Countering New Sovereignty With Knowledge, Gil Gott, Sumi Cho
Cluster Introduction: Culture, Knowledge, Law, And Community Countering New Sovereignty With Knowledge, Gil Gott, Sumi Cho
College of Law Faculty
No abstract provided.
Becoming Asian American And The Magic Of Historical Accident, Sumi Cho
Becoming Asian American And The Magic Of Historical Accident, Sumi Cho
College of Law Faculty
No abstract provided.
An Edifice Of Its Own Creation: The Supreme Court's Recent Arbitration Cases, David Franklin, Steven Greenberger
An Edifice Of Its Own Creation: The Supreme Court's Recent Arbitration Cases, David Franklin, Steven Greenberger
College of Law Faculty
Prof. Greenberger's comments follow main article (pgs. 511-514)
Perfecting And Maintaining The Perfection In Article 9 Security Interests Under The 2010 Amendments: New Sections 9-503 And 9-316, Steven Harris, Jason Kilborn, Margit Livingston
Perfecting And Maintaining The Perfection In Article 9 Security Interests Under The 2010 Amendments: New Sections 9-503 And 9-316, Steven Harris, Jason Kilborn, Margit Livingston
College of Law Faculty
No abstract provided.
Is Systemic Risk Prevention The New Paradigm? A Proposal To Expand Investor Protection Principles To The Hedge Fund Industry, Cary Martin Shelby
Is Systemic Risk Prevention The New Paradigm? A Proposal To Expand Investor Protection Principles To The Hedge Fund Industry, Cary Martin Shelby
College of Law Faculty
The Dodd-Frank Act finally achieved the inevitable. It subjects hedge funds to significant regulatory oversight even though they were previously exempt from regulation. In 2006, the SEC notoriously failed at this task when the D.C. Court of Appeals held that the agency acted outside of its rulemaking authority in attempting to regulate hedge fund advisers. Through the passage of the Dodd-Frank Act, Congress finally finished what the SEC started by using the current political climate to close this regulatory loophole. The Dodd-Frank Act is a step in the right direction, but it leaves an important question largely unanswered: Should hedge …
Class Action Defendants' New Lochnerism,, Mark Moller
Class Action Defendants' New Lochnerism,, Mark Moller
College of Law Faculty
In the much-watched Dukes v. Walmart, Walmart has advanced a deceptively compelling claim: Due process, Walmart says, guarantees it the right to mount a “full defense” based on “any relevant rebuttal evidence [Walmart] choose[s], including evidence that there was no discrimination against one or more members of the class.” Because Walmart cannot possibly present rebuttal evidence against each of the 1.5 million gender discrimination claims that form the Dukes class, the class action, Walmart concludes, is unconstitutional. The argument is not original to Walmart - it is a staple of the class action defense bar. What should originalists make of …
Common Problems For The Common Answers Test: Class Certification In Amgen And Comcast, Mark Moller
Common Problems For The Common Answers Test: Class Certification In Amgen And Comcast, Mark Moller
College of Law Faculty
No abstract provided.
Justice Scalia And The Art Of Rhetoric, Jeffrey Shaman
Justice Scalia And The Art Of Rhetoric, Jeffrey Shaman
College of Law Faculty
This essay offers something different from the usual law review article: an examination of Justice Scalia's judicial opinions from a literary perspective rather than a legal one. The essay demonstrates that Justice Scalia is a master of metaphor and other belletristic flourishes. Focusing on the style rather than the substance of his writing, the essay uses examples from various Scalia opinions to illustrate that he wields a wicked poison pen, peppers his opinions with creative lists of examples, and is wont to drop in a bon mot here and there, not to mention an arcane foreign phrase that send lesser …
Rules Of General Applicability, Jeffrey Shaman
Rules Of General Applicability, Jeffrey Shaman
College of Law Faculty
In some instances, the Supreme Court has held that, despite their restrictive effect upon speech or religion, rules of general applicability are exempt from oversight under the First Amendment. In Arcara v. Cloud Books, the Court ruled that the Free Speech Clause was not violated by a rule of general applicability even where it had a restrictive effect upon expressive activity. Arcara was an isolated decision that has enjoyed little influence in subsequent decisions involving free speech. On the other hand, in Employment Division v. Smith, the Court effectuated a major doctrinal revision to the Free Exercise Clause by ruling …