Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (169)
- Constitutional Law (99)
- Environmental Law (81)
- Law and Society (79)
- Criminal Law (63)
-
- Legal History (60)
- Legal Education (58)
- Legal Studies (52)
- Labor and Employment Law (46)
- Sociology (42)
- Human Rights Law (39)
- Land Use Law (38)
- State and Local Government Law (38)
- Legal Theory (37)
- Courts (36)
- Civil Rights and Discrimination (35)
- Comparative and Foreign Law (33)
- Election Law (33)
- International Law (33)
- Jurisprudence (33)
- Law and Gender (33)
- Political Science (28)
- Immigration Law (26)
- Intellectual Property Law (25)
- Law and Economics (25)
- Judges (24)
- First Amendment (22)
- Litigation (21)
- Family Law (19)
- Keyword
-
- Democracy (20)
- Federalism (19)
- Criminal law (15)
- Constitutional law (14)
- Immigration (14)
-
- Jurisprudence (12)
- International law (11)
- Critical legal studies (10)
- First Amendment (10)
- Human rights (10)
- Legal history (9)
- Legal theory (9)
- Privacy (9)
- Critical race theory (8)
- Law (8)
- Law and economics (8)
- Trademark (8)
- Copyright (7)
- Economic inequality (7)
- Homicide (7)
- Race (7)
- Feminism (6)
- Gender (6)
- Separation of powers (6)
- State constitutions (6)
- Statutory interpretation (6)
- Asbestos (5)
- Biopolitics (5)
- Civil rights (5)
- Colonialism (5)
- Publication Year
- Publication
Articles 31 - 60 of 910
Full-Text Articles in Law
Amazon As A Seller Of Marketplace Goods Under Article 2, Tanya J. Monestier
Amazon As A Seller Of Marketplace Goods Under Article 2, Tanya J. Monestier
Journal Articles
You have probably purchased goods on Amazon. Did you know that if the goods you purchased on Amazon turn out to be defective and cause serious personal injury, Amazon is probably not liable for them? Did you know that even though you placed an order on Amazon, gave payment to Amazon, and received the goods in an Amazon box, there is a good chance that the goods are not “sold by” Amazon—but are instead sold by a third-party seller? Did you know that Amazon tries to avoid liability for goods sold on its platform on the technicality that it does …
Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment Of Constitutional Judgment, Paul Linden-Retek
Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment Of Constitutional Judgment, Paul Linden-Retek
Journal Articles
This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.
First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one another. The problem, however, is that proportionality’s proponents fail to see how it imposes a rights absolutism of its own. …
Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore
Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore
Panel III: Moving Forward
No abstract provided.
Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai
Transcript, Zulene Mayfield, Will Jones, Tyler White, Chantal Reyes, Maria Lopez-Nuñez, Steph Tai
Panel II: Reshaping EJ Law & Social Policy
No abstract provided.
Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall
Transcript, Zulene Mayfield, Louis Morse, Sheila Foster, Michael Churchill, Gilbert Carrasco, Mike Ewall
Panel I: Learning from Title VI
No abstract provided.
A Post Minimum Contacts World, Christine P. Bartholomew
A Post Minimum Contacts World, Christine P. Bartholomew
Book Reviews
Reviewing Patrick J. Borchers, Ford Motor Co. v. Montana Eighth Judicial District Court and “Corporate Tag Jurisdiction” in the Pennoyer Era, 72 Case W. Res. L. Rev. 45 (2021).
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Journal Articles
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Ethical, Legal, And Social Issues In The Earth Biogenome Project, Jacob S. Sherkow, Katharine B. Barker, Irus Braverman, Robert Cook-Deegan, Richard Durbin, Carla L. Easter, Melissa M. Goldstein, Maui Hudson, W. John Kress, Harris A. Lewin, Debra J. H. Mathews, Catherine Mccarthy, Ann M. Mccartney, Manuela Da Silva, Andrew W. Torrance, Henry T. Greely
Ethical, Legal, And Social Issues In The Earth Biogenome Project, Jacob S. Sherkow, Katharine B. Barker, Irus Braverman, Robert Cook-Deegan, Richard Durbin, Carla L. Easter, Melissa M. Goldstein, Maui Hudson, W. John Kress, Harris A. Lewin, Debra J. H. Mathews, Catherine Mccarthy, Ann M. Mccartney, Manuela Da Silva, Andrew W. Torrance, Henry T. Greely
Journal Articles
The Earth BioGenome Project (EBP) is an audacious endeavor to obtain whole-genome sequences of representatives from all eukaryotic species on Earth. In addition to the project’s technical and organizational challenges, it also faces complicated ethical, legal, and social issues. This paper, from members of the EBP’s Ethical, Legal, and Social Issues (ELSI) Committee, catalogs these ELSI concerns arising from EBP. These include legal issues, such as sample collection and permitting; the applicability of international treaties, such as the Convention on Biological Diversity and the Nagoya Protocol; intellectual property; sample accessioning; and biosecurity and ethical issues, such as sampling from the …
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
Journal Articles
This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, …
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Journal Articles
The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …
Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein
Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein
Journal Articles
Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a defendant with sufficient in-state contacts related to a plaintiff’s claim. This Article reveals, however, that courts diverge radically in their understanding of what a claim is. Without stating so outright, some courts limit the claim to a cause of action or its elements, while others understand it to encompass the controversy underlying the litigation. What is worse, few have noticed that these discrepancies even exist, much less explained why. This Article does just that. We show that …
Introduction: Special Issue On Racial Capitalism And Law, Carmen G. Gonzalez, Athena D. Mutua
Introduction: Special Issue On Racial Capitalism And Law, Carmen G. Gonzalez, Athena D. Mutua
Journal Articles
No abstract provided.
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
The Ostensible (And, At Times, Actual) Virtue Of Deference, Anthony O'Rourke
Journal Articles
In Rethinking Police Expertise, Anna Lvovsky exposes how litigators leverage judicial understandings of police expertise against the government. The article is rich not only with descriptive insights, but also with normative potential. By rigorously analyzing the relationship between expertise and authority in specific cases, Professor Lvovsky offers guidance as to how judges and lawyers should factor a police officer’s expertise into an assessment of whether the officer’s conduct is lawful. This Response argues, however, that Rethinking Police Expertise’s normative potential is weakened by the sharp conceptual distinction it draws between judicial understandings of expertise as a “professional virtue” (which it …
Judicial Populism, Anya Bernstein, Glen Staszewski
Judicial Populism, Anya Bernstein, Glen Staszewski
Journal Articles
Populism has taken center stage in discussions of contemporary politics. This Article details a judicial populism that resonates with political populism’s tropes, mirrors its traits, and enables its practices. Like political populism, judicial populism insists there are clear, correct answers to complex, debatable problems, treating reasonable disagreement as illegitimate. It disparages the institutions that mediate divergent interests in a republican democracy, claiming special access to the law’s clear objective meaning. And it imagines a pure, unified people locked in battle with a subversive elite.
While commentators have recognized political populism as fundamentally undemocratic, judicial populism has largely escaped recognition and …
Federalism And The Limits Of Subnational Political Heterogeneity, James A. Gardner
Federalism And The Limits Of Subnational Political Heterogeneity, James A. Gardner
Journal Articles
With an epidemic of democratic backsliding now afflicting many of the world’s democracies, including the United States, some scholars have suggested that federalism might serve as a useful defense for liberal democracy by impeding the ability of an authoritarian central government to stamp it out at the subnational level. In this Essay, I dispute that contention. An examination of both federal theory on one hand and the behavior and tactics of central control employed by ancient and early modern empires on the other leads to the conclusion that the protective value of federalism against the effects of national authoritarianism is …
Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein
Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein
Journal Articles
Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.
First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …
The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner
The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner
Journal Articles
For many years, the dominant view among American election law scholars has been that the U.S. Supreme Court’s constitutional jurisprudence of democratic practice got off to a promising start during the mid-twentieth century but has since then slowly deteriorated into incoherence. In light of the United States’ recent turn toward populist authoritarianism, that view needs to be substantially revised. With the benefit of hindsight, it now appears that the Supreme Court has functioned, in its management of the constitutional jurisprudence of democracy, as a vector of infection—a kind of super-spreader of populist authoritarianism.
There is, sadly, nothing unusual these days …
What Counts As Data?, Anya Bernstein
What Counts As Data?, Anya Bernstein
Journal Articles
We live in an age of information. But whether information counts as data depends on the questions we put to it. The same bit of information can constitute important data for some questions, but be irrelevant to others. And even when relevant, the same bit of data can speak to one aspect of our question while having little to say about another. Knowing what counts as data, and what it is data of, makes or breaks a data-driven approach. Yet that need for clarity sometimes gets ignored or assumed away. In this essay, I examine what counts as data in …
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington
The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington
Journal Articles
Almost 12,000 people in the United States are serving life sentences for crimes that occurred when they were children. For most of these people, a parole board will determine how long they will actually spend in prison. Recent Supreme Court decisions have endorsed parole as a mechanism to ensure that people who committed crimes as children are serving constitutionally proportionate sentences with a meaningful opportunity for release. Yet, in many states across the country, parole is an opaque process with few guarantees. Parole decisions are considered “acts of grace” often left to the unreviewable discretion of the parole board.
This …
Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora
Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora
Journal Articles
This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …
Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel
Susan Bartie, Free Hands And Minds: Pioneering Australian Legal Scholars, John Henry Schlegel
Book Reviews
No abstract provided.
Edward A. Purcell, Antonin Scalia And American Constitutionalism: The Historical Significance Of A Judicial Icon, Matthew J. Steilen
Edward A. Purcell, Antonin Scalia And American Constitutionalism: The Historical Significance Of A Judicial Icon, Matthew J. Steilen
Book Reviews
No abstract provided.
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Judicial Application Of Strict Liability Local Ordinances, Guyora Binder, Brenner Fissell
Journal Articles
No abstract provided.
Protecting Our Spaces Of Memory: Rediscovering The Seneca Nation Settlement Act Through Archives, Rebecca Chapman
Protecting Our Spaces Of Memory: Rediscovering The Seneca Nation Settlement Act Through Archives, Rebecca Chapman
Law Librarian Journal Articles
Archival spaces act as collective memory, and the need to preserve and protect those spaces is critical for understanding historical events. To illustrate the idea of archival space as a space of memory, this article looks at the Seneca Nation Settlement Act, which is more fully understood through the use and interpretation of archival materials.
The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek
The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek
Journal Articles
This Article aims to reimagine post-national legal solidarity. It does so by bringing debates over Habermasian constitutional theory to bear on the evolving use of mutual recognition and mutual trust in the EU’s Area of Freedom, Security, and Justice (AFSJ), particularly in the context of European asylum law and reforms to the Dublin Regulation. Insofar as critiques of Habermasian “constitutional patriotism” apply to the principle of mutual trust, the Article suggests why post-national solidarity requires fallibilism and dynamic responsiveness that exceed formalized rules of forbearance and respect.
On this revised view, legal solidarity guarantees a particular form of adjudication through …
Our Imperial Federal Courts, Matthew J. Steilen
Our Imperial Federal Courts, Matthew J. Steilen
Journal Articles
This essay is a response to Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74VAND.L.REV.621(2021).
“The article is significant for the archival work alone. It is useful, as well, for the impressive synthesis of the existing secondary literature, collected in the footnotes, which makes a convenient reading list for us mere mortals. The argument of the article is ambitious. As the Table of Contents suggests, its structure is complex: the author asks us to visit three different jurisdictions (two British and one American, each thousands of miles apart), in three different decades, in three different political and …
Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman
Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman
Journal Articles
This article examines the underlying biopolitical premises of wildlife management in Palestine/Israel that make, remake, and unmake this region's settler colonial landscape. Drawing on interviews with Israeli nature officials and observations of their work, the article tells several animal stories that illuminate the hierarchies and slippages between wild and domestic, nature and culture, native and settler, and human and nonhuman life in Palestine/Israel. Animal bodies are especially apt technologies of settler colonialism, I show here. They naturalize and normalize settler modes of existence, while criminalizing native livelihoods and relations. Utilizing the terra nullius doctrine, creating biblical landscapes by reintroducing extirpated …
Reframing Law's Domain: Narrative, Rhetoric, And The Forms Of Legal Rules, Stephen Paskey
Reframing Law's Domain: Narrative, Rhetoric, And The Forms Of Legal Rules, Stephen Paskey
Journal Articles
Legal scholars typically understand law as a system of determinate rules grounded in logic. And in the public sphere, textualist judges and others often claim that judges should not "make" law, arguing instead that a judge's role is simply to find the meaning inherent in law's language. This essay offers a different understanding of both the structure of legal rules and the role of judges. Building on Caroline Levine's claim that texts have multiple ordering principles, the essay argues that legal rules simultaneously have three overlapping forms, none of which is dominant: not only the form of conditional, "if-then" logic, …
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder
Disbanding Police Agencies, Anthony O'Rourke, Rick Su, Guyora Binder
Journal Articles
Since the killing of George Floyd, a national consensus has emerged that reforms are needed to prevent discriminatory and violent policing. Calls to defund and abolish the police have provoked pushback, but several cities are considering disbanding or reducing their police forces. This Essay assesses disbanding as a reform strategy from a democratic and institutionalist perspective. Should localities disband their police forces? One reason to do so is that discriminatory police departments are often too insulated from democratic oversight to be reformed. But can localities succeed in disbanding and replacing their forces with something better? Unfortunately, the structural entrenchment of …
Misappropriation Theory: How The World’S Two Largest Economies Regulate Insider Trading, Thomas Hare
Misappropriation Theory: How The World’S Two Largest Economies Regulate Insider Trading, Thomas Hare
Journal Articles
Prior to the government adopting policies of economic reform in the late 1970s, the People’s Republic of China (“the PRC” or “China”) did not have a formal securities market or an accompanying regulatory scheme. For the most part, it was not operationally feasible for a market to develop and flourish in China because the PRC had a centrally planned economy with state-owned enterprises as the primary form of business ownership. However, economic reform brokered conditions where stock trades casually began in markets located in Shanghai, Shenzhen, Chengdu and several other cities in the early 1980s. This informal trading persisted until …