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Articles 31 - 60 of 214
Full-Text Articles in Law
Politique Partisane Et Indépendence Judiciare, Neal Devins
Politique Partisane Et Indépendence Judiciare, Neal Devins
Faculty Publications
No abstract provided.
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz
Faculty Publications
No abstract provided.
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Social Isolation And American Workers: Employee "Blogging" And Legal Reform, Rafael Gely, Leonard Bierman
Faculty Publications
This article further demonstrates that state common law exceptions to the employment-at-will doctrine are not providing significant redress to employees fired or otherwise disciplined for blogging.
Judging Judges And Dispute Resolution Processes, John M. Lande
Judging Judges And Dispute Resolution Processes, John M. Lande
Faculty Publications
This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
Faculty Publications
Unquestionably, judges misjudge. Even the most arrogant of judges ultimately will concede that all judges err and, at some point, fail to apply governing law to the facts of the case accurately. Although all might agree that judges err, not all judges, lawyers, and scholars agree on how judges should behave or on what constitutes good judging. Not surprisingly, they also disagree about misjudging and the frequency with which it occurs.In his provocative article Misjudging, Chris Guthrie contends that “misjudging is more common, more systematic, and more harmful than the legal system has fully realized.” Based on my observations and …
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
A Copyright Conundrum: Protecting Email Privacy, Ned Snow
Faculty Publications
The practice of email forwarding deprives email senders of privacy. Expression meant for only a specific recipient often finds its way into myriad inboxes or onto a public website, exposed for all to see. Simply by clicking the "forward" button, email recipients routinely strip email senders of expressive privacy. The common law condemns such conduct. Beginning over two-hundred-fifty years ago, courts recognized that authors of personal correspondence hold property rights in their expression. Under common-law copyright, authors held a right to control whether their correspondence was published to third parties. This common-law protection of private expression was nearly absolute, immune …
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Displacing Dissent: The Role Of Place In First Amendment Jurisprudence, Thomas P. Crocker
Faculty Publications
From the perspective of free speech theory, both of the central First Amendment values - human autonomy and deliberative democracy - require robust protection for the places and spaces in which speech and public discourse occur. This Article argues that current Supreme Court doctrine does not effectively protect speech from content neutral regulation of place. The problem is that remaining neutral is consistent with policies that would dislocate the very place for the "marketplace of ideas." Moreover, free speech theory focused on autonomy and deliberative democracy has not adequately addressed the role that place plays in furthering these values. Speech …
Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski
Faculty Publications
This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Faculty Publications
In response to the prevalent view that American law and legal institutions are class and color blind, this Article provides examples of how legal institutions sometimes do create and maintain racialized wealth disparities. The Article offers examples of this phenomenon by examining a sequence of federal judicial decisions, the federal taxing statutes, the role of legal education, and access to legal services. These examples are instructive because they cut across a broad spectrum of components of the American legal system. By revisiting issues of race and wealth in different legal settings from the Constitution to federal cases, the tax system, …
The Administrative Judiciary's Independence Myth, James E. Moliterno
The Administrative Judiciary's Independence Myth, James E. Moliterno
Faculty Publications
No abstract provided.
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades
Faculty Publications
No abstract provided.
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Against Mix-And-Match Lawmaking, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
How Congress Paved The Way For The Rehnquist Court's Federalism Revival: Lessons From The Federal Partial Birth Abortion Ban, Neal Devins
Faculty Publications
No abstract provided.
Active Sovereignty, Timothy Zick
Family Structure, Children, And Law, Vivian E. Hamilton
Family Structure, Children, And Law, Vivian E. Hamilton
Faculty Publications
No abstract provided.
The Writer's Theater, Douglas E. Abrams
Listening To Experienced Users, John M. Lande
Listening To Experienced Users, John M. Lande
Faculty Publications
In response to concerns about poor-quality mediation services in commercial cases, the Section of Dispute Resolution recently established a Task Force to develop realistic proposals to increase the quality and use of commercial mediation. As an initial step, the Task Force on Improving Mediation Quality conducted focus groups with experienced mediation users. This article summarizes key findings from the initial sets of focus groups. We found that focus group participants have nuanced understandings of the mediation process, their role in it, and the qualities they want in a mediator. In general, focus group participants want better access to information about …
Suggestions On How To Conduct Empirical Research: A Behind-The-Scenes View, Robin A. Boyle, Joanne Ingham
Suggestions On How To Conduct Empirical Research: A Behind-The-Scenes View, Robin A. Boyle, Joanne Ingham
Faculty Publications
(Excerpt)
The conference theme of empirical research at the 2006 Association of American Law Schools Annual Meeting, held in Washington,D.C., indicated an interest on the part of doctrinal and skills professors to conduct their own studies. The conference title, Empirical Scholarship:What Should We Study and How Should We Study It?, along with the plentiful workshops on the topic, evidenced the acceptance in the academe of empiricism.As a researcher noted, “Empirical legal scholarship … is arguably the next big thing in legal intellectual thought.”
Assisting legal writing professors with their growing interest in conducting empirical studies, the authors presented at the …
Book Review: Judge For Yourself: Clarity, Choice, And Action In Your Legal Career, Rebecca K. Blemberg
Book Review: Judge For Yourself: Clarity, Choice, And Action In Your Legal Career, Rebecca K. Blemberg
Faculty Publications
No abstract provided.
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong
Faculty Publications
No abstract provided.
Jurisdictionality And Bowles V. Russell, Scott Dodson
Jurisdictionality And Bowles V. Russell, Scott Dodson
Faculty Publications
On June 14, 2007, the Supreme Court decided Bowles v. Russell, a case watched primarily by procedure geeks but one which may have enormous impact for courts and litigators. It addressed a ubiquitous but confusing question of jurisdictional characterization: when is a limitation “jurisdictional,” and when is it not? Litigators encounter these questions all the time in statutory coverage issues, in time limitations, and in a host of other preconditions. Whether a particular limitation is jurisdictional or not can be an important question, for jurisdictional limitations are not subject to waiver or equitable exceptions, may be raised at any time, …
Are Issuers Of And Dealers In Securities Immune From Lawsuits Arising Under Federal And State Antitrust Laws?, Hannibal Travis
Are Issuers Of And Dealers In Securities Immune From Lawsuits Arising Under Federal And State Antitrust Laws?, Hannibal Travis
Faculty Publications
Conduct potentially subject to regulatory scrutiny by federal agencies such as the Securities Exchange Commission (SEC) is not necessarily immune from antitrust liability. The Supreme Court previously held that an anticompetitive conspiracy in the mutual fund industry was immune from antitrust liability because the SEC had the primary statutory authority to prohibit or permit such conspiracies. This case raises the question of whether another alleged conspiracy—to restrict the availability of certain initial public offerings of securities (IPOs)—is similarly immune.
Seizures Without Searches: Defining Property Seizures And Developing A Property Seizure Model, Eric R. Carpenter
Seizures Without Searches: Defining Property Seizures And Developing A Property Seizure Model, Eric R. Carpenter
Faculty Publications
No abstract provided.
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer Ann Drobac, Antony Page
Faculty Publications
For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic stability and economic security. This Article explores the notion that domestic partnership based upon business partnership law would better serve more couples, their families, and society as a whole. It proposes a Uniform Domestic Partnership Act, loosely modeled after the UPA, as a substitute …
The Road Also Taken: Lessons From Organic Agriculture For Market- And Risk-Based Regulation, Donald Thomas Hornstein
The Road Also Taken: Lessons From Organic Agriculture For Market- And Risk-Based Regulation, Donald Thomas Hornstein
Faculty Publications
No abstract provided.
The Debtor-Patient Revisited, Melissa B. Jacoby
The Debtor-Patient Revisited, Melissa B. Jacoby
Faculty Publications
No abstract provided.
Bankruptcy Reform And Homeownership Risk, Melissa B. Jacoby
Bankruptcy Reform And Homeownership Risk, Melissa B. Jacoby
Faculty Publications
No abstract provided.
Pluralism: A Principle For Children's Rights, Holning S. Lau
Pluralism: A Principle For Children's Rights, Holning S. Lau
Faculty Publications
No abstract provided.
Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium: The Religion Clauses In The 21st Century -- Introduction, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: Crawford'S Birth Did Not Require That Roberts Had To Die, Robert P. Mosteller
Faculty Publications
No abstract provided.