Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Economics (11)
- Criminal Law (10)
- Business Organizations Law (8)
- Criminal Procedure (8)
- Constitutional Law (7)
-
- Contracts (7)
- Intellectual Property Law (7)
- International Law (5)
- Environmental Law (4)
- Law Enforcement and Corrections (4)
- Social and Behavioral Sciences (4)
- Civil Rights and Discrimination (3)
- Criminology (3)
- Criminology and Criminal Justice (3)
- European Law (3)
- Law and Politics (3)
- Law and Race (3)
- Legal Studies (3)
- Legal Writing and Research (3)
- President/Executive Department (3)
- Property Law and Real Estate (3)
- Sociology (3)
- State and Local Government Law (3)
- Banking and Finance Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Education Law (2)
- Family Law (2)
- Judges (2)
- Keyword
-
- Columbia Law Review (8)
- SSRN (6)
- Capital punishment (4)
- Death penalty (4)
- Death sentence (4)
-
- Copyright law (3)
- Michigan Law Review (3)
- Virginia Law Review (3)
- Biomedical research (2)
- California Law Review (2)
- Capital offense (2)
- Criminal justice (2)
- Environmental Protection Agency (EPA) (2)
- Environmental justice (2)
- International Court of Justice (ICJ) (2)
- Judicature (2)
- Law and Contemporary Problems (2)
- Legal education (2)
- Notre Dame Law Review (2)
- Statutory interpretation (2)
- Texas Law Review (2)
- UCLA Law Review (2)
- AJIL (1)
- Acceleration clause (1)
- Access to abortion (1)
- Active control market (1)
- Affordable housing (1)
- Age Discrimination in Employment Act (ADEA) (1)
- Age of majority (1)
- Aggravating factor (1)
Articles 1 - 30 of 77
Full-Text Articles in Law
Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston
Gang Loitering, The Court, And Some Realism About Police Patrol, Debra A. Livingston
Faculty Scholarship
When the Supreme Court voted to review the decision of the Illinois Supreme Court holding Chicago's "gang loitering" ordinance invalid on federal constitutional grounds, it seemed plausible that City of Chicago v Morales would be the occasion for a major statement from the Court on a set of complex issues – issues including not only the nature of the police officer's authority to maintain order in public places, but also the relative roles of politics and judicial decision making in delineating both the limits on this authority and the latitude left to police to employ discretion in its exercise. After …
The Challenges Of Globally Accessible Process, Peter L. Strauss
The Challenges Of Globally Accessible Process, Peter L. Strauss
Faculty Scholarship
This chapter embraces the strategic use of the Internet for achieving new forms of transparency and participation in the regulatory cooperation process. It explores ‘the challenges of globally accessible process’ through the use of new information technologies. It holds that the incorporation of these technologies in agency processes at the US federal level has created possibilities for the most transparent, participatory, and broadly deliberative regulatory system in the world to become still more so. The Internet promises not merely to expand access to information about the substance and process of regulation, but also to ‘move the government closer to the …
Kosovo And The Great Air Power Debate, Daniel L. Byman, Matthew C. Waxman
Kosovo And The Great Air Power Debate, Daniel L. Byman, Matthew C. Waxman
Faculty Scholarship
The following section provides an overview of how to think about air power and coercion, addressing several key limits of the current literature. We next examine NATO goals in Kosovo and the mixed success eventually achieved. Using that baseline, we explore various explanations for Belgrade's eventual capitulation and clarify how air power's role in each of them should be understood; we leave aside the issue of whether coercion was a proper strategy for addressing the Balkan crisis and focus instead on how to assess air power as a tool of that strategy. We conclude with recommendations for recasting the air …
The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
The Influence Of Amicus Curiae Briefs On The Supreme Court, Joseph D. Kearney, Thomas W. Merrill
Faculty Scholarship
The last century has seen little change in the conduct of litigation before the United States Supreme Court. The Court's familiar procedures – the October Term, the opening-answering-reply brief format for the parties, oral argument before a nine-member Court – remain essentially as before. The few changes that have occurred, such as shortening the time for oral argument, have not been dramatic.
The Article is organized as follows. Part I provides an overview of amicus curiae activity in the Supreme Court over the last fifty years, tracking the increase in amicus filings and in the Court's citation and quotation of …
Patterns Of Legal Change: Shareholder And Creditor Rights In Transition Economies, Katharina Pistor
Patterns Of Legal Change: Shareholder And Creditor Rights In Transition Economies, Katharina Pistor
Faculty Scholarship
This paper analyses changes in the legal protection of shareholder and creditor rights in 24 transition economies from 1990 to 1998. It documents differences in the initial conditions and a tendency towards convergence of formal legal rules as the result of extensive legal reforms. Convergence seems to be primarily the result of foreign technical assistance programs as well as of harmonisation requirements for countries wishing to join the European Union. The external supply of legal rules not withstanding, the pattern of legal reforms suggests that law reform has been primarily responsive, or lagging, rather than leading economic development. In comparison, …
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley B. Lubman
Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
I am grateful to the editors of this journal for inviting me to return to its pages to help mark the twentieth anniversary of its inaugural issue. History now tells us that publication of that first issue happened to coincide with the beginning of an extraordinary period in Chinese history that has seen extensive reforms transform the Chinese economy and Chinese society. These reforms, no less dramatic than the revolutionary transformations of the 1950s, have caused law to gain unprecedented importance in Chinese society. The Journal's anniversary provides an opportunity to review some of the major characteristics of Chinese legal …
Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard
Trends In The Supply And Demand For Environmental Lawyers, Michael B. Gerrard
Faculty Scholarship
The boom times for environmental lawyers were the late 1980s and the early 1990s. The June 1990 issue of Money magazine called environmental law a "fast-track career." Two or three years of experience with the U.S. Environmental Protection Agency (EPA), a state environmental agency, the environmental units of the Justice Department, or a state attorney general's office were a ticket to a high-paying job in the private sector. Law students were clamoring to enter the field and law firms were scrambling to find experienced environmental lawyers, or to recycle newly underemployed antitrust lawyers into this burgeoning field.
Separation And Schools, Kent Greenawalt
Separation And Schools, Kent Greenawalt
Faculty Scholarship
In commenting on these rich papers by Michel Troper and Michael McConnell, I first analyze the implications of legal and political theory for religious liberty and separation of church and state. I then turn to underlying premises of modern liberal theory about moral education and tolerance among citizens. Lastly, I concentrate on separation as it affects the schooling of children. Despite Professor Troper's emphasis on the uniqueness of French understanding and history, I was struck by how closely French problems about schooling, and their possible resolutions, resemble those in the United States.
Three Issues For The City In The 21st Century, Richard Briffault
Three Issues For The City In The 21st Century, Richard Briffault
Faculty Scholarship
The title for this year’s program of the Section on Urban, State and Local Government Law of the Association of American Law Schools is The City in the 21st Century. These three articles provide a stimulating introduction to three issues that are likely to be central to the study of the city in the twenty-first century-as they were in the twentieth century and in the nineteenth century: the interplay of local and regional forces in land development, the battles among interest groups to control city hall, and the role of local government in promoting local economic development. These issues are …
(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger
(Baby) M Is For The Many Things: Why I Start With Baby M, Carol Sanger
Faculty Scholarship
For several years now I have begun my first-year contracts course with the 1988 New Jersey Supreme Court case In the Matter of Baby M. In this essay, I want to explain why. I offer the explanation in the spirit of modest proselytizing, recognizing that many of us already have a favored method or manner into the course: some introductory questions we pose before leaping into (or over) the introductions already provided by the editors of the many excellent casebooks available. But I have found that Baby M works extremely well in ways that others may want to consider. …
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
William H. Simon: Thinking Like A Lawyer – About Ethics, William H. Simon, Robert D. Taylor, Bruce S. Ledewitz, Margaret K. Krasik, Sean P. Kealy
Faculty Scholarship
This is the edited text of a panel discussion held as part of the legal ethics curriculum at Duquesne University Law School on October 24, 1999. The speakers have had the opportunity to update and correct this text; therefore, this printed version may deviate slightly from what was presented.
How Persuasive Is Natural Law Theory?, Kent Greenawalt
How Persuasive Is Natural Law Theory?, Kent Greenawalt
Faculty Scholarship
This Article, in honor of John Finnis, evaluates the persuasiveness of one central element of natural law theory – its claim to an objective moral truth discoverable by reason. Although I stand outside the tradition, my interest in natural law theory goes back to my college days. John Finnis, especially in his work Natural Law and Natural Rights, has much enriched my understanding of moral, political, and legal philosophy. Prior to that book, natural lawyers and analytic jurists had little to say to each other; by and large, the members of each group had scant respect for the scholarly endeavors …
International Copyright: From A "Bundle" Of National Copyright Laws To A Supranational Code?, Jane C. Ginsburg
International Copyright: From A "Bundle" Of National Copyright Laws To A Supranational Code?, Jane C. Ginsburg
Faculty Scholarship
In recent years, the number and content of substantive norms that international copyright treaties impose on member states have increased considerably. It is therefore appropriate to consider the extent to which those instruments have in effect created an international (or at least multinational) copyright code, as well as to inquire what role national copyright laws do and should have in an era not only of international copyright norms, but of international dissemination of copyrighted works. This Article first considers the displacement of national norms through the evolution of a de facto international copyright code, elaborated in multilateral instruments such as …
Trade Secrets And Mutual Investments, Gillian L. Lester, Eric L. Talley
Trade Secrets And Mutual Investments, Gillian L. Lester, Eric L. Talley
Faculty Scholarship
This paper employs an optimal contracting framework to study the question of how courts should adjudicate disputes over valuable trade secrets (such as customer lists). We focus principally on contexts where trade secrets are formed endogenously, through specific, non-contractible investments that could potentially come from either employers or employees (or both). Within such contexts, we argue, an "optimal" trade secret law diverges in many important respects from existing doctrine. In particular, an optimal doctrine would (1) expressly consider the parties' relative skills at making value enhancing investments rather than the mere existence of a valuable informational asset; (2) tend to …
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Ratcheting Labor Standards: Regulation For Continuous Improvement In The Global Workplace, Charles F. Sabel, Dara O'Rourke, Archon Fung
Faculty Scholarship
It is a brute fact of contemporary globalization – unmistakable as activists and journalists catalog scandal after scandal – that the very transformations making possible higher quality, cheaper products often lead to unacceptable conditions of work: brutal use of child labor, dangerous environments, punishingly long days, starvation wages, discrimination, suppression of expression and association. In all quarters, the question is not whether to address these conditions, but how.
That question, however, admits no easy answers. Globalization itself has freed capital from many of its former constraints – national workplace standards, collective bargaining, and supervisory state agencies and courts – designed …
The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke
The Uses Of History In Struggles For Racial Justice: Colonizing The Past And Managing Memory, Katherine M. Franke
Faculty Scholarship
In this Commentary, Professor Katherine Franke offers an analysis on Richard Delgado and Jean Stefancic's California's Racial History and Constitutional Rationales for Race-Conscious Decision Making in Higher Education and Rebecca Tsosie's Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights. These two Articles, she observes, deploy history for the purposes of justifying certain contemporary normative claims on behalf of peoples of color: affirmative action in higher education for Delgado and Stefancic, and sovereignty rights for native peoples in Tsosie's case. Franke explores the manner in which stories of past conquest and discrimination contribute to contemporary conceptions of racial …
The Limits Of Behavioral Theories Of Law And Social Norms, Robert E. Scott
The Limits Of Behavioral Theories Of Law And Social Norms, Robert E. Scott
Faculty Scholarship
The law influences the behavior of its citizens in various ways. Well understood are the direct effects of legal rules. By imposing sanctions or granting subsidies, the law either expands or contracts the horizon of opportunities within which individuals can satisfy their preferences. In this way, society can give incentives for desirable behavior. The direct effects of legal rules on individual behavior have been a fruitful source of inquiry for analysts using the techniques of law and economics. Modeling the incentive effects of legal rules provides a useful predictive tool for positive theory and normative critique. Indeed, the tools of …
Critical Approaches To Property Institutions, Michael A. Heller
Critical Approaches To Property Institutions, Michael A. Heller
Faculty Scholarship
Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …
Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd
Capital Attrition: Error Rates In Capital Cases, 1973-1995, James S. Liebman, Jeffery Fagan, Valerie West, Jonathan Lloyd
Faculty Scholarship
Americans seem to be of two minds about the death penalty. In the last several years, the overall number of executions has risen steeply, reaching a fifty year high this year. Although two-thirds of the public support the penalty, this figure represents a sharp decline from the four-fifths of the population that endorsed the death penalty only six years ago, leaving support for capital punishment at a twenty year low. When life without parole is offered as an alternative, support for the penalty drops even more – often below a majority. Grants of executive clemency reached a twenty year high …
Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt
Variations On Some Themes Of A Disporting Gazelle And His Friend: Statutory Interpretation As Seen By Jerome Frank And Felix Frankfurter, Kent Greenawalt
Faculty Scholarship
In 1947, this Review published two lectures on statutory interpretation by Jerome Frank and Felix Frankfurter. Both jurists were concerned with a basic question: How constrained are judges when they interpret legislation? The answers each gives, while similar in some respects, differ strikingly. In arguing that interpretation necessarily involves a creative element, Frank analogizes the role of a judge in interpreting legislation to that of a performer in interpreting a musical composition. Although he argues that judicial creativity is constrained, Frank views statutory interpretation as "a kind of legislation." For Frankfurter, by contrast, in construing a statute, a judge is …
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Social Norms And The Legal Regulation Of Marriage, Elizabeth S. Scott
Faculty Scholarship
Americans have interesting and somewhat puzzling attitudes about the state's role in defining and enforcing family obligations. Most people view lasting marriage as an important part of their life plans and take the commitment of marriage very seriously. Yet any legal initiative designed to reinforce that commitment generates controversy and is viewed with suspicion in many quarters. For example, covenant marriage statutes, which offer couples entering marriage the option of undertaking a modest marital commitment, are seen by many observers as coercive and regressive measures rather than ameliorating reforms.
The law tends to reflect – and perhaps contributes to – …
Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's The Role Of Letters Of Credit In Payment Transactions, Avery W. Katz
Informality As A Bilateral Assurance Mechanism: Comments On Ronald Mann's The Role Of Letters Of Credit In Payment Transactions, Avery W. Katz
Faculty Scholarship
Ronald Mann's study of documentary defects in the presentation of commercial letters of credit1 is a valuable contribution to the commercial law literature in at least three respects. First, it offers a detailed and thorough empirical survey of an important though specialized aspect of commercial practice. Mann collected and coded a data sample of 500 randomly selected letter-of-credit transactions, personally evaluating each transaction to determine whether the documentary presentation by the beneficiary of the letter of credit (i.e., the seller) complied with the letter's formal terms. Then, for each case in which he found one or more documentary defects, Mann …
Europe's Evolving Regulatory Strategy For Gmos – The Issue Of Consistency With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Europe's Evolving Regulatory Strategy For Gmos – The Issue Of Consistency With Wto Law: Of Kine And Brine, Robert Howse, Petros C. Mavroidis
Faculty Scholarship
This Essay deals with one question: If challenged, how would regulatory restrictions on genetically modified organisms ("GMOs") be judged by a World Trade Organization ("WTO") adjudicating body. Many of the controversies about the effect of WTO law on domestic regulation have been influenced by the view that the law as it stands may well impede the ability of governments to regulate new and uncertain risks to health and the environment. The result in the Beef Hormones case ("Hormones case") is often cited for this proposition. In this Essay we aim to show that, contrary to an increasingly widespread popular …
Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard
Environmental Justice And Natural Areas Protection Trends & Insight, Michael B. Gerrard
Faculty Scholarship
There are 3,119,963 square miles in the continental United States. That sounds like plenty of space to put just about anything. However, when the facility seeking a home is environmentally controversial, finding even one square mile can seem almost impossible.
This country is now in its third major era in making siting decisions. The first era – unconstrained siting – lasted until the late 1960s. Then began the second era – protecting natural areas. In the early 1990s, we embarked upon a third era – environmental justice. The growing tensions between protecting natural areas and achieving environmental justice suggest that …
The Legal Construction Of Adolescence, Elizabeth S. Scott
The Legal Construction Of Adolescence, Elizabeth S. Scott
Faculty Scholarship
American lawmakers have had relatively clear images of childhood and adulthood-images that fit with our conventional notions. Children are innocent beings, who are dependent, vulnerable, and incapable of making competent decisions. Several aspects of the legal regulation of childhood are based on this account. Children are assumed not to be accountable for their choices or for their behavior, an assumption that is reflected in legal policy toward their criminal conduct. They are also assumed to be unable to exercise the rights and privileges that adults enjoy, and thus are not permitted to vote, drive, or make their own medical decisions. …
On The Socratic Maxim, Joseph Raz
On The Socratic Maxim, Joseph Raz
Faculty Scholarship
Many years ago John Finnis and I became interested in the Socratic view that it is better to suffer wrong than to do it. My interest was triggered by Anselm Müller's lecture on the subject given at Balliol at that time. Finnis discussed the issue in his Fundamentals of Ethics, where Müller's influence on him is acknowledged. At the time John Finnis and I debated the maxim and had a lengthy correspondence about it, but we did not convince each other. Now when I return to the issue, I can no longer remember the position I then took, except …
Sticks And Snakes: Derivatives And Curtailing Aggressive Tax Planning, David M. Schizer
Sticks And Snakes: Derivatives And Curtailing Aggressive Tax Planning, David M. Schizer
Faculty Scholarship
The most important tax problem of recent months is the impact of aggressive tax planning on corporate tax revenue. The Secretary of the Treasury blames the "tax shelter industry," in which tax lawyers and investment bankers develop and market tax-motivated transactions. This Article analyzes aggressive tax planning, and recommends ways to impede it, in a context rife with opportunities for planning: the tax rules for complex financial instruments known as derivatives. While planning opportunities are prevalent elsewhere in the tax law as well, this Article focuses on derivatives because the problem is particularly acute – indeed, derivatives have been called …
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
The Role Of Letters Of Credit In Payment Transactions, Ronald J. Mann
Faculty Scholarship
Common justifications for the use of the letter of credit fail to explain its widespread use. The classic explanation claims that the letter of credit provides an effective assurance of payment from a financially responsible third party. In that story, the seller – a Taiwanese clothing manufacturer, for example – fears that the overseas buyer – Wal-Mart – will refuse to pay once the goods have been shipped. Cross-border transactions magnify the concern, because the difficulties of litigating in a distant forum will hinder the manufacturer's efforts to force the distant buyer to pay. The manufacturer-seller solves that problem by …
Liberality, Philip A. Hamburger
Liberality, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans ever consider themselves liberal? To many historians, this will seem a strange question. The concept of liberalism is widely held to be a nineteenth-century innovation, and therefore to inquire whether Americans in the previous century thought of themselves as liberal seems anachronistic.
Yet precisely because so many scholars take for granted the late evolution of liberal ideas, it may be all the more valuable to reexamine this assumption. Is there really no evidence that eighteenth-century Americans considered themselves liberal? Although they may not have embraced later concepts of liberalism, is it not at least possible that …
Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies
Street Stops And Broken Windows: Terry, Race And Disorder In New York City, Jeffery Fagan, Garth Davies
Faculty Scholarship
Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggest that neighborhoods with greater concentration of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, although disorder theory informs quality of life policing strategies, patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels, and extent of social disorganization are stronger predictors of race- and crime-specific stops. Accordingly, neighborhood "street stop" activity reflects competing assumptions and meanings of policing strategy. Furthermore, looking …