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Articles 61 - 90 of 583
Full-Text Articles in Law
Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky
Justice For Sale: Contemplations On The "Impartial" Judge In A Citizens United World, Aviva Abramovsky
Aviva Abramovsky
Although it has long been in vogue to discredit the judiciary, it remains the most trusted of the three branches of government. However, empirical evidence supports the idea that judicial campaign donations affect judicial decision making. The reality of political campaigns under Citizens United has the potential to further undermine the public perception of judges and to enhance the potential for corruption of the judiciary.
Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki
Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki
Sungjoon Cho
Brexit And Ip: The Great Unraveling?, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Brexit And Ip: The Great Unraveling?, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Graeme B. Dinwoodie
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.
Donna M. Hughes
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.
Donna M. Hughes
Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld
Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld
Daniel L. Rubinfeld
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Is Religion A Non-Negotiable Aspect Of Liberal Constitutionalism?, Bruce Ledewitz
Bruce Ledewitz
Aom Aat Law Symposium Proposal (Final).Pdf, Adam J. Sulkowski, Constance E. Bagley, J.S. Nelson, Waddock S., Paul Shrivastava, Inara K. Scott
Aom Aat Law Symposium Proposal (Final).Pdf, Adam J. Sulkowski, Constance E. Bagley, J.S. Nelson, Waddock S., Paul Shrivastava, Inara K. Scott
J.S. Nelson
Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson
Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson
Mitchell J Nathanson
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker
Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker
Katharine K. Baker
No abstract provided.
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown
Bartram Brown
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
Tessa Kansas
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan
Srividhya Ragavan
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article …
Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell
Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell
Thomas W. Mitchell
For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white …
Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei
Ugo Mattei
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.
Donna M. Hughes
Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor
Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor
Avishalom Tor
In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett
Richard W Garnett
Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.
Econometrics In The Courtroom, Daniel L. Rubinfeld
Econometrics In The Courtroom, Daniel L. Rubinfeld
Daniel L. Rubinfeld
No abstract provided.
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld
Daniel L. Rubinfeld
Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen
Peer Zumbansen
Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …
Surrogacy And Dignity: Rights And Relationships, Kate Galloway
Surrogacy And Dignity: Rights And Relationships, Kate Galloway
Kate Galloway
In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
The Outmoded Debate Over Affirmative Action, Daniel A. Farber
Daniel A Farber
Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …
Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring
Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring
Robert Berring
Explores the impact of technological innovations in legal research. Information on the earliest forms of modern legal research materials; Details on the legal literature; Current situation in the field of legal research.
Anti-Essentialism And The Work/Family Dilemma, C. Albiston
Anti-Essentialism And The Work/Family Dilemma, C. Albiston
Catherine R. Albiston
Presents an article focusing on social policies addressing work and family issues among women. Information on the family leave master narrative that underlies calls for paid family leave policies; Media discussions about working women solving the work and family conflict by opting out of employment to stay home and care for their children; Advantages offered by structural approaches over antidiscrimination measures based on formal equality.
How To Have A Culture War, Kathryn Abrams
Roundtable Discussion: Is Subversion Subversive?, Zipporah Wiseman, Kathryn Abrams, Katherine Franke, David Kennedy
Roundtable Discussion: Is Subversion Subversive?, Zipporah Wiseman, Kathryn Abrams, Katherine Franke, David Kennedy
Kathryn Abrams
Presents a roundtable discussion on the subversive nature of legal archaeology in women's studies. Structural tension or contradictions in women's studies; Need to fully theorize the connection of legal archaeology to the term feminist; Role of subversion in teaching humility; Evolution of feminist theory as a discipline; Role of feminism in promoting democracy.