Law Commons^™

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Jill Elaine Hasday

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance.

Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s] or perpetuate[s] the legal, social, and …

¿Existe El Derecho Empresarial?, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

José León Barandiarán Hart: El Maestro Que Siempre Será Un Amigo, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Some Realism About Comparativism: Comparative Law Teaching In The Hegemonic Jurisdiction, Ugo Mattei

Ugo Mattei

No abstract provided.

Case Note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri Et Al. V. Idf Commander, Reuven Ziegler

Dr. Reuven (Ruvi) Ziegler

The case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention). The Court's ruling on the matter in question highlighted the fact that, while State Courts in other countries continue to refrain from putting measures undertaken by MCs of their respective armed forces under legal scrutiny, the HCJ sustains a longstanding tradition of such scrutiny; …

Crystal Palaces: Copyright Law And Public Architecture, Matthew Rimmer

Matthew Rimmer

This paper investigates copyright law and public architecture in the context of cultural institutions of Australia. Part 1 examines the case of the Sydney Opera House to illustrate the past position of architects in respect of copyright law. It goes onto consider the framework laid down by the Copyright Amendment (Moral Rights) Act 2000 (Cth) to resolve copyright disputes over moral rights and architecture. Part 2 considers the argument over the proposed renovations to the National Gallery of Australia between Dr Brian Kennedy and the original architect Colin Madigan. Part 3 finally deals with the allegations that Ashton Raggatt McDougall, …

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Deborah M. Weissman

The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …

Heightened Pleading, Christopher M. Fairman

Christopher M Fairman

No abstract provided.

Rethinking Tort Doctrine: Visions Of A Restatement (Fourth) Of Torts, Stephen D. Sugarman

Stephen D Sugarman

Although current work on the Restatment of Torts (Third) is bringing the state of tort law into the 21st century, I project forward into the future a possible (Fourth) that would radically simplify tort doctrine across what are still treated as quite separate fields (like product liability, medical malpractice, intentional torts). Under my vision, varying responsibiities would arise from differing social roles.

Justice And Reasonable Care In Negligence Law, Richard W. Wright

Richard W. Wright

The academic literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. This aggregate-risk-utility test is a transparent implementation of the basic impartiality and aggregation principles of utilitarianism and the most popular (Kaldor-Hicks) interpretation of economic efficiency. Thus, the test's assumed prevalence as the criterion of reasonableness in negligence law has been highlighted by legal economists as confirmation of the utilitarian efficiency foundations of tort law, while those, including Ronald Dworkin, who think that the law, including tort law, is or should be grounded on principles of justice have sought to demonstrate that, …

Negligence In The Courts: Introduction And Commentary, In Symposium, Negligence In The Courts: The Actual Practice, Richard W. Wright

Richard W. Wright

This article is an introduction to and commentary on the contributions to a "Symposium on Negligence in the Courts: the Actual Practice." The contributors all conclude that the tests of negligence that are actually employed by the courts differ from the aggregate-risk-utility test that is generally assumed in the academic literature, including the Restatement of Torts. Patrick Kelley and Laurel Wendt's survey of all the standard jury instructions on negligence in the United States finds only one instruction, in Louisiana, that mentions a risk-utility or cost-benefit test of negligence, and that instruction merely suggests, as a discretionary option, the weighing …

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

Daubism: Copyright Law And Artistic Works, Matthew Rimmer

Matthew Rimmer

La Persona Humana De Borda (Un Recuerdo Desde El Perú), Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.

Hacia Una Ley Modelo Sobre Los Grupos De Empresas, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute

Judith L. Maute

No abstract provided.

Who Cares? Why Bother?: What Jeff Powell And Mark Tushnet Have To Say To Each Other, William S. Brewbaker

William S. Brewbaker III

This essay reviews Michael W. McConnell, Robert F. Cochran, Jr., and Angela Carmella's Christian Perspectives on Legal Thought (Yale 2001). In doing so, it argues that Christian legal scholarship ought to be of interest to legal scholars generally and evaluates the book's efforts to assist scholars in recovering Christian traditions of political and jurisprudential reflection.

Who Gets On Top In Democracy? Elections As Filters , Robert D. Cooter

Robert Cooter

No abstract provided.

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

If I Were A Lawyer: Tense In Legal Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

The E-C Sardines Case: How North-South Ngo-Government Links Benefited Peru, Gregory C. Shaffer, Victor Mosoti

Gregory C Shaffer

No abstract provided.

Benchmarks Of Good Legal Writing, Timothy Blevins

Timothy D Blevins

The first in what was to be a series of articles dealing with refinement in legal documents. Future articles in the series were not published when the publisher realigned its publication policies.

Hacia Una Ley Marco Del Empresariado: Aportes Al Debate Legislativo, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Dealing With Old Father William, Or Moving From Constitutional Text To Constitutional Doctrine: Progress Clause Review Of The Copyright Term Extension Act, Malla Pollack

Malla Pollack

The author suggests a textual approach to the choice of review standards for statutes enacted purusant to the so-called Intellectual Property Clause, which is more properly named the Progress Clause. Turning to text of the Constitution s relatively unproblematic because the Progress Clause contains unusually detailed constitutional text. Furthermore, what little the Court has stated about the fundamental goals of the Clause matches the author's reading of its text. Any approach based on the drafting or ratification discussions stumbles on the thinness of the record, as well as the record's possible unreliability. The text supports a standard of review higher …

A Belief-Change Theory Of Expressive Law, Alex Geisinger

Alex Geisinger

No abstract provided.

What Is Congress Supposed To Promote? Defining ‘Progress” In Article I, Section 8, Clause 8 Of The U.S. Constitution, Or Introducing The Progress Clause, Malla Pollack

Malla Pollack

Empirical reserach into ratification-era uses of the word "progress" in the United States demonstrates that this word, as used in Article One, Section Eight, Clause Eight, means "spread," i.e. diffusion, distribution. To the extent that Congress chooses not to act under this clause, the default position is that each person in the United States has a property right not to be excluded from publicly accessible knowledge and technology. Congress has only a very limited power to create private quasi-property, i.e., rights to exclude the rest of the commoners. Congress may only create temporary individual rights for "authors" or "inventors" to …

A Canadian's View From The Staten Island Ferry, Gerald Lebovits

Gerald Lebovits

No abstract provided.

Some Contrarian Concerns About Law, Psychology, And Public Policy, Donald Bersoff

Donald N. Bersoff

No abstract provided.