Law Commons^™

Publications Calling Article I, Section 7, Clause 3 The Orders, Resolutions, And Votes Clause, Seth Barrett Tillman

Seth Barrett Tillman

The following publications call Article I, Section 7, Clause 3 the Orders, Resolutions, and Votes Clause.

[September 28, 2014]

The End Of The Ecsc, Benedetta Carla Angela Ubertazzi

Benedetta Carla Angela Ubertazzi

No abstract provided.

The Canon Of Family Law, Jill Elaine Hasday

Jill Elaine Hasday

What is the canon of family law? By canon, I mean the ways of thinking about family law that are widely shared by legal scholars and especially by legal authorities, like legislators and judges. The existing literature on canons, which has long centered on the literary canon and has recently turned to the constitutional law canon, has most commonly understood a canon to be a set of foundational texts that exemplify, guide, and constitute a discipline. In part, the family law canon tracks this traditional focus on the inclusion and exclusion of texts, even if the family law canon does …

A New Right To Property: Civil War Confiscation In The Reconstruction Supreme Court, Daniel W. Hamilton

Daniel W. Hamilton

During the Civil War, both the Union Congress, in the First and Second Confiscation Acts, and the Confederate Congress, in the Sequestration Act, put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. This paper compares property confiscation in the Union and the Confederacy. It examines congressional debates, the social impact of confiscation legislation, and the interpretation of confiscation doctrine by the Supreme Court. I contend that the Civil War experiment with confiscation helped cause an important shift in American property ideology and constitutional law by accelerating the rise of liberal …

Los Actos Jurídicos En Sentido Estricto: Sus Bases Históricas Y Dogmáticas, Leysser L. León

Leysser L. León

Aunque propuesta con posterioridad a la teoría general del negocio jurídico, la categoría del acto jurídico en sentido estricto (Rechtshandlung) no ha sido convenientemente estudiada en la doctrina del derecho civil peruano. Prestando atención a las normas del Código Civil peruano vigente, se exponen las bases históricas y dogmáticas de los actos en sentido estricto, y se aportan elementos para su configuración con arreglo a este marco normativo.

The Function Of The Supreme People’S Court Of Regulating Economy——Re-Evaluation Of The Zhongfu Industry Guarantee Case(最高法院规制经济的功能──再评“中福实业公司担保案”), Meng Hou

Hou Meng

No abstract provided.

How The Supreme Court Regulates Economy: Review On Exterior Coordination Cost（最高人民法院如何规制经济──外部协调成本的考察）, Meng Hou

Hou Meng

No abstract provided.

Stick Houses In Peshawbestown, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.

A New Approach To Old Cases: Reconsidering Statutes Of Limitation, Ehud Guttel, Michael Novick

Ehud Guttel

Statutes of limitation currently occur in two forms. The first and traditional form defines a fixed period within which the plaintiff may file her claim, and bars a claim that is filed after this period. The second form, the discovery rule, softens the traditional statute’s bar when the plaintiff is reasonably unaware, for some time after the harm occurs, of some of the facts essential to her claim.

This Article proposes a new model of statue of limitation that transforms temporal limitation from a sanction rule to a price rule. The traditional regime and the discovery rule divide time into …

Further Evidence That Legalized Abortion Lowered Crime: A Reply To Joyce, John Donohue, Steven D. Levitt

John Donohue

No abstract provided.

Civilian Immunity And The Rebuttable Presumption Of Innocence, James M. Donovan

James M. Donovan

"Terrorist" is a word that at once vilifies and justifies, serving the same function in today's politics and popular imagination as was served by the term "Nazi" a half century ago, or "communist" thereafter, or "witch" in our colonial days, in that it is "always, or even necessarily, wrong." Few appellations today are as effective to ostracize a person, movement, or organization from civilized company, and an astonishing array of actions and reactions can be fully warranted when having as their intent a response to the mere threat -- much less an actual act -- of terrorism.

This Essay does …

The Many Legal Institutions That Support Contractual Commitment, Gillian K. Hadfield

Gillian K Hadfield

One of the fundamental contributions of transaction cost theory and institutional economics has been to focus attention on opening the "black box" of contract enforcement, drawing attention to the institutions required to achieve effective and low-cost contract enforcement. The idea that the effectiveness of contract law is critical to the growth of economic activity is widespread in the literature on development and transition economies. Recent studies attempting to document toe relative strength of contract enforcement in different settings (La Porta, et al., 19982; Djankov, et al., 2003), however, have focused on relatively abstract notions of "courts" and "legal systems" and …

Unsettling Efficiency: When Non-Class Aggregation Of Mass Torts Creates Second-Class Settlements, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

Abstract: The potential for attorneys to collude in reaching a settlement agreement arises in any large-scale aggregation of mass torts. In the 1990s, attorneys settled seventy-four percent of the mass tort cases consolidated for transfer by the Judicial Panel on Multidistrict Litigation. Even though most mass tort litigation settles, the judicial system ensures the fairness and integrity of settlements only in the bankruptcy and class action contexts. Consequently, the fairness of the settlement can vary depending on how the judicial system aggregates the claims. Only thirty-nine percent of aggregated claims resulted in class action settlements. Two percent received bankruptcy protections. …

Help Is On The Way, Gail A. Partin, Mary Ann Neary, Jennifer Murray

Gail A. Partin

No abstract provided.

The Normativity Of Law In Law And Economics, Péter Cserne

Péter Cserne

This paper is about some theoretical and methodological problems of law and economics. I will use game theoretical insights to address an issue which is relevant both for law and economics and legal philosophy: How should a social scientific analysis of law account for the normativity of law, i.e. the non-instrumental reasons for rule-following while retaining the observer’s (explanatory or descriptive) perspective. My goal is to offer a constructive critique of both traditional law and economics scholarship and mainstream analytical legal philosophy in this respect. I will try to find out how law and economics has to account for the …

Advanced Judicial Opinion Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Laura Quilter

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Peter Jaszi

War, Responsibility, And The Age Of Terrorism, John C. Yoo

John C Yoo

This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and Responsibility, that Congress must provide ex ante approval for all uses of force. It critiques Ely's approach, both his method of constitutional interpretation and his substantive goals for the war-making process. It proposes a different vision for war powers that provides more flexibility to the political branches. It then argues that a Congress-first process does not produce its desired substantive outcomes, and questions whether the costs and benefits of different war-making processes are sufficiently clear to cement one into place as a matter of constitutional …

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Jill Elaine Hasday

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

A Figura Do Estipulante Na Ação Direta Da Vítima No Seguro Obrigatório De Responsabilidade Civil, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Overcorrection, Ehud Guttel

Ehud Guttel

Models of rational thinking assume that individuals who need to add information and then subtract it will return to their original starting point. Empirical studies, however, show that individuals exposed to such addition-subtraction processes systematically tend to overcorrect. One study, for example, compared evaluations of two job candidates. The first candidate had two positive recommendation letters. The second candidate had a third, negative letter that was eventually discovered to be irrelevant. Participants perceived the second candidate as better, even though, in the end, both candidates presented the same information. The introduction and later rejection of the negative information led to …

Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue

John Donohue

No abstract provided.

An Invitation To The Rulemakers--Strike Rule 9(B), Christopher M. Fairman

Christopher M Fairman

No abstract provided.

What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg

Katherine J. Strandburg

This article deals with the increasing tension between the tradition of protecting commercially valuable inventions through patenting and the need for a robust public domain of freely available technical information as a springboard for further research. The “experimental use exemption,” permitting some unauthorized research uses of patented inventions, might be used to relieve some of this tension. However, the scope of the research exemption has been shrunk so far by recent Federal Circuit opinions that even basic university research is not excused from infringement liability. This article returns to the first principles of patent law -- the incentives to invent …

Six Tips For Making Briefs More Persuasive, Susan Duncan

Susan Duncan

This short bar article suggests several techniques for improving briefs.

Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons

Daniel Lyons

No abstract provided.

The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Inadvertent Disclosure: A Cautionary Tale Of A Speakerphone And A Voicemail Message , Grace M. Giesel

Grace M. Giesel

No abstract provided.

Write The Cites Right—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.