Law Commons^™

Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

John H. Blume

No abstract provided.

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Charles W. Collier

No abstract provided.

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

Jeffrey L Harrison

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …

Mediation Techniques For Code Enforcement Officers, Jalae Ulicki, Penny Willrich

Jalae Ulicki

Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon

Jonathan S Simon

This article comments on a speech by Boaventura de Sousa Santos which was addressed to the Law and Society Association during its Annual Meeting on June 3, 1995 in Toronto, Canada, about the metaphors of a new conception of law. According to Santos, what is taking place, as of 1995, is simultaneously a crisis of subjectivity and government. The project of emancipation, Santos suggests, has collapsed into regulation. Santos offers three metaphors for the kinds of knowledge and law which may facilitate the construction of postmodern subjectivities. In the frontier, the baroque, and the South, Santos finds emancipatory possibilities. He …

The Ideological Effects Of Actuarial Practices, Jonathan Simon

Jonathan S Simon

Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …

Feminism Versus Multiculturalism, Leti Volpp

Leti Volpp

No abstract provided.

Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp

Leti Volpp

Responds to Doriane Lambelet Coleman's position on cultural defenses and the politics of multiculturalism in the United States. Addressing of the limited presentation of culture as bound by certain anthropological constructions; Discussion on Coleman's adherence to neutral principles and her promotion of culture blindness; Depiction of non-European immigrant culture as primitive.

Do Androids Dream Of Electric Free Speech? Visions Of The Future Of Copyright, Privacy And The First Amendment In Science Fiction, Daxton R. Stewart

Daxton "Chip" Stewart

Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. In this essay, these visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy, and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, addressing rights of obscurity in public places threatened by wearable and implantable computing devices, and considering free speech rights of autonomous machines created by humans. In conclusion, the …

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Quentin Hanich

No abstract provided.

Fisheries Jurisdiction Under The Law Of The Sea Convention: Rights And Obligations In Maritime Zones Under The Sovereignty Of Coastal States, Martin Tsamenyi, Quentin Hanich

Quentin Hanich

International fisheries governance contains no specific provisions detailing States' rights and obligations in respect of fisheries in maritime zones classified as falling under the sovereignty of coastal States, namely: internal waters, archipelagic waters and territorial seas. Using a case-study of the Western and Central Pacific Fisheries Commission, this article demonstrates that there is still a gap in international fisheries governance relating to fisheries in 'waters under sovereignty' which requires remedying, and concludes by providing some possible management options to fill the gap.

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

Legal Research: Should Students Learn It Or Wing It, Robert C. Berring, Kathleen Vanden Heuvel

Kathleen Vanden Heuvel

Response to an article by Christopher G. and Jill Robinson Wren entitled 'The teaching of legal research' which appeared in Law Library Journal, 80, 1988, for abstract see 88/5195, and presents a wide-ranging critique of legal research instruction. Argues that the Wrens misinterpreted the writings of Frederick Hicks and the bibliographic method of teaching. Suggestions for an alternative method for teaching legal research in law schools are proposed. 00 Original abstract--amended

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.

Justice Scalia's Jurisprudence, Megim A. Parks

Megim A Parks

This paper analyzes Justice Scalia's decisions and reasonings as to affirmative action, examining closely his rulings regarding what he calls "disparate-impact" discrimination versus "unintentional" discrimination, focusing on cases wherein affirmative action was either questioned or considered.

Taking Back The Legal Profession, Lee T. Nutini

Lee T Nutini

A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.

The Birth Of A New Teaching Idea.Pdf, Jalae Ulicki

Jalae Ulicki

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.

Burden Of Decision: Judging Presidential Disability Under The Twenty-Fifth Amendment, Daniel J.T. Schuker

Daniel Schuker

This Article offers a new approach to understanding, classifying, and assessing cases of presidential disability. In constitutional terms, “presidential disability” refers to any condition that renders the President of the United States “unable to discharge the powers and duties” of the office. Remarkably, the existing legal infrastructure under the Twenty-Fifth Amendment provides no guidance for determining when a President has become constitutionally disabled. Nor does it explain when the President (under Section 3) should initiate the succession process, and when the Vice President and other senior officials (under Section 4) should take the lead instead. During crises of presidential disability, …

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Randy Lee

No abstract provided.

Juridische Filatelie: Der Verbeelding Van Recht En Jurist Op Postzegels, Jan M. Smits

Jan M Smits

This illustrated contribution considers the representation of law, judges and lawyers on stamps.

A Methodological Proposal For A National Survey Of Data Protection In E-Government In Mexico, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

The present research paper is an attempt to study the aspects related to e-government and data protection in Mexico, and at the same time, in view of the lack of empirical data presents a methodological proposal for the urgent implementation of a national survey. We focus in the protection of personal data used by public administrators to provide public services.

The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia Tamir Johnson Dr.

Dr. Valencia T Johnson, PhD, EdD, Hon. D.Div, LLM, MS, BS

In today’s society, same-sex marriages are being legalize in some states with certain stipulations and statutory requirements in respected states. Since there are more states legalizing same-sex marriages, the courts are facing tougher challenges in Family Law that pertains to the Custody and Visitation Rights for Children in Same-Sex Families. Due to the lack of legal and judicial interpretation of statutory laws in the Custody and Visitation Rights for Children in Same-Sex Families, further research need to be explored. In addition, the article addresses the legal and judicial authority of interpreting the law in various states. The article provide a …

Exploitation Creep And The Unmaking Of Human Trafficking Law, Janie A. Chuang

Janie A Chuang

Businesses Are People Too? Anomalies In Widening The Ambits Of "Consumer" Under Consumer Credit Law, Francina Cantatore, Brenda Marshall

Francina Cantatore

This article examines the position of the small business as "consumer" under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting …