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Full-Text Articles in Law
The Study Of Law And India’S Society: The Galanter Factor, Robert Moog
The Study Of Law And India’S Society: The Galanter Factor, Robert Moog
Law and Contemporary Problems
Moog pursues three related themes or lines of inquiry that have marked her own research, the roots of which are to be found in Marc Galanter's earlier works and the broader law-and-society movement. These include, the significance of lower courts, the role of the local bar, and the evolution of alternatives to formal court proceedings all represent essential areas for exploration in the attempt to understand the successes and failures of the Indian justice system.
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Justice In Many Rooms Since Galanter: De-Romanticizing Legal Pluralism Through The Cultural Defense, Mitra Sharafi
Law and Contemporary Problems
Sharafi explores the emergence of legal pluralism during 1970s and 80s and discusses its relation in the cultural defense. Legal pluralism was more than a methodological stance intended to help lawyers and anthropologists talk to each other; it was an ideological commitment. In the 1980s, scholars like Marc Galanter and Sally Merry inaugurated the legal-pluralist sequel to the "what-is-law" debate between legal positivists and natural-law advocate. There are two major changes in the conception of legal pluralism brought about by the works of Galanter and his colleagues. The first was the shift from the understanding of legal pluralism as a …
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Law and Contemporary Problems
Schlanger talks about jail strip-search cases and its participants. Among the interesting features of these cases is that many different kinds of lawyers work on them. Plaintiffs' lawyers include employees of public-interest organizations; large law firm lawyers, often working pro bono, with a cooperating relationship with such a public-interest organization; lawyers with a private prisoners' rights or police-misconduct practice; and lawyers with a more varied or general class-action practice. This is somewhat unusual; the litigation bar has, by all accounts, grown increasingly specialized over the past several generations.
A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha
A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha
Law and Contemporary Problems
Tamanaha discusses Marc Galanter's holistic vision of the socio-legal terrain. Galanter's socio-legal vision has two central overlapping foci, and he always keeps an eye on each and on their interaction. The first focus is the official state legal system, which he examines from every conceivable angle: who becomes lawyers, how are they trained, how many lawyers are there, what are the circumstances of their work environment, who pays for their services. Galanter also focuses on what they are not doing (intentionally or otherwise), inquiring into the implications and consequences of their inaction. These inquiries extend from the official legal system …
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
When Do Facts Persuade? Some Thoughts On The Market For “Empirical Legal Studies”, Elizabeth Chambliss
Law and Contemporary Problems
Chambliss talks about how Marc Galanter has devoted himself to combating the "jaundiced view" of the civil-justice system. Armed initially with great faith in the power of social science, Galanter and other socio-legal scholars of his generation, as well as many who have followed, have tried to combat misinformation in law and policy with the findings from systematic research--as if the facts would speak for themselves.
Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg
Negotiate Or Litigate? Effects Of Wto Judicial Delegation On U.S. Trade Politics, Judith L. Goldstein, Richard H. Steinberg
Law and Contemporary Problems
Goldstein and Steinberg argue that the World Trade Organization Appellate Body has been able to use its authority to engage in judicial lawmaking to reduce trade barriers in ways that would not otherwise have been possible through negotiation. This lawmaking authority was not the result of a purposeful delegation; rather, it was an unintended byproduct of the creation of an underspecified set of rules and procedures. There is nevertheless a high rate of compliance with Appellate Body decisions because decentralized enforcement can induce domestic importers to lobby for trade liberalization. In the US, this judicial lawmaking may also allow the …
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
White (House) Lies: Why The Public Must Compel The Courts To Hold The President Accountable For National Security Abuses, Eric K. Yamamoto
Law and Contemporary Problems
The warning of a threat to national security has been used throughout US history as a means for the US government to execute repressive actions. Even today, the judiciary must take responsibility for defending citizens against such potential abuses by the executive branch.
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Judicial Review Of European Administrative Procedure, Jurgen Schwarze
Law and Contemporary Problems
Schwarze examines the requirements set down in the case law of the Court of Justice and the Court of First Instance that serve to guarantee a fair and impartial administrative process. He also considers whether improvements should be made to the design of the administrative process and, if so, what kind.
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
The European Union’S Mixed Administrative Proceedings, Giacinto Della Cananea
Law and Contemporary Problems
Cananea attempts to shed some light on administrative powers through an examination of mixed administrative proceedings. Another aim is to try to identify the common features of mixed administrative proceedings and, at the same time, those which differentiate them from other types of proceedings.
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
The “Standard” Administrative Procedure For Supervising And Enforcing Ec Law: Ec Treaty Articles 226 And 228, Alberto J. Gil Ibanez
Law and Contemporary Problems
Ibanez examines the European Commission's policy and strategy in enforcement proceedings and attempts to discover the predominant European model, if such a model exists, for enforcing and supervising EC law. Ibanez focuses on some general difficulties in analyzing supervision and enforcement at the European level and the problem of implementation in more general terms.
European Principles Governing National Administrative Proceedings, Claudio Franchini
European Principles Governing National Administrative Proceedings, Claudio Franchini
Law and Contemporary Problems
It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Administrative Proceedings Involving European Agencies, Edoardo Chiti
Law and Contemporary Problems
Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.
Forms Of European Administrative Action, Mario P. Chiti
Forms Of European Administrative Action, Mario P. Chiti
Law and Contemporary Problems
Chiti examines the various forms of European administration and their associated administrative law systems. Chiti recounts the history of administration and of administrative law in the European Community, examines the main types of administrative action in the Community, and highlights the novel elements and the shortcomings of European administrative law today.
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
“Regulatory Daubert”: A Proposal To Enhance Judicial Review Of Agency Science By Incorporating Daubert Principles Into Administrative Law, Alan Charles Raul, Julie Zampa Dwyer
Law and Contemporary Problems
In Daubert v. Merrell Dow Pharmaceuticals Inc, the US Supreme Court empowered federal judges to reject irrelevant or unreliable scientific evidence. Daubert provides a suitable framework for reviewing the quality of agency science and the soundness of agency decisions consistent with the standards established for review of agency rulemakings under the Administrative Procedure Act.
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
The Supply And Demand Sides Of Judicial Policy-Making (Or, Why Be So Positive About The Judicialization Of Politics?), Cornell W. Clayton
Law and Contemporary Problems
A major reason that many people are intensely interested in who sits on the Supreme Court is that legal decisions can have great influence on the effectuation or frustration of political objectives. Clayton does not view the trend toward the "judicialization" of politics as necessarily antithetical to democratic values because Court decisions are within the mainstream of contemporary political values and electoral preferences.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
The Civil Jury In America, Stephan Landsman
The Civil Jury In America, Stephan Landsman
Law and Contemporary Problems
Landsman explores several questions about the function of the modern civil jury in America, including why juries have been given so important a place in the judicial process and how the jury ought to be constituted to carry ought its work.
Independent Judges And Independent Justice, Suzanna Sherry
Independent Judges And Independent Justice, Suzanna Sherry
Law and Contemporary Problems
Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.
Separating Judicial Power, David P. Currie
Separating Judicial Power, David P. Currie
Law and Contemporary Problems
Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
On Not Making Law, Mitu Gulati, C. M. A. Mccauliff
Law and Contemporary Problems
Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Judicially Compelled Disclosure Of Researchers’ Data: A Judge’S View, Barbara B. Crabb
Law and Contemporary Problems
Crabb looks at the approach one court has established to balance the demands of the legal system with the legitimate concerns of researchers.
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Research And Its Revelation: When Should Courts Compel Disclosure, Bert Black
Law and Contemporary Problems
The best hope for improving the resolution of disputes concerning disclosing research is for lawyers to present the research and litigation issues clearly and for courts to develop a "keener sense" for the area of expertise involved.
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Reluctant Experts, Paul D. Carrington, Traci L. Jones
Law and Contemporary Problems
Two duties arising under Rule 45 and related provisions of the Federal Rules of Civil Procedures, including the duty of a scientific or technical expert not retained by a party to testify to an opinion on a disputed scientific or technical issue, are discussed.
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Countering The Excessive Subpoena For Scholarly Research, Michael Traynor
Law and Contemporary Problems
A researcher has many opportunities to safeguard research and take a stance in court to protect the privacy of study participants in the interest of well-grounded scientific or social analysis.
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Researcher’S Reactions To Compelled Disclosure Of Scientific Information, Elizabeth C. Wiggins, Judith A. Mckenna
Law and Contemporary Problems
Demands placed on researchers by subpoenas for scientific information are not necessarily any greater than those placed on other third-party recipients of subpoenas.
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Research Subpoenas And The Sociology Of Knowledge, Sheila Jasanoff
Law and Contemporary Problems
Jasanoff says that the most effective way to integrate scientific knowledge fully and fairly into legal decisionmaking may be for judges to develop a keener sense of how science works.
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Science And Subpoenas: When Do The Courts Become Instruments Of Manipulation?, Paul M. Fischer
Law and Contemporary Problems
Fischer says he believes that the uneasy relationship between law and science is likely to continue regarding disclosure of scientific research materials.
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Compelled Disclosure Of Scholarly Research: Some Comments On “High Stakes Litigation”, J. Steven Picou
Law and Contemporary Problems
Resisting compelled disclosure in court will continue to be at best a tenuous and uncertain journey for researchers who have been subpoenaed.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima
Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima
Law and Contemporary Problems
The need for international integration of civil procedure has been strongly felt all over the world, particularly in the countries of Asia, North America and Europe. The birth of an international treaty will be good news for all those involved in international civil disputes.