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Articles 1 - 28 of 28
Full-Text Articles in Law
On Logic In The Law: Something, But Not All, Susan Haack
On Logic In The Law: Something, But Not All, Susan Haack
Articles
In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Creating A Viral Federal Privacy Standard, A. Michael Froomkin
Articles
No abstract provided.
Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
Second Annual Culp Latcrit Lecture The Constitution Of Terror: Big Lies, Backlash Jurisprudence, And The Rule Of Law In The United States Today, Francisco Valdes
Articles
No abstract provided.
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Faith In Community: Representing "Colored Town", Anthony V. Alfieri
Articles
No abstract provided.
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge
Articles
No abstract provided.
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Ensuring That Florida's Language Minorities Have Access To The Ballot, Jonel Newman
Articles
No abstract provided.
A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman
A Tribute To Louis Sohn - Is The Dispute Settlement System Under The Law Of The Sea Convention Working?, Bernard H. Oxman
Articles
No abstract provided.
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Peer Review And Publication: Lessons For Lawyers, Susan Haack
Articles
No abstract provided.
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
A Hidden History Of Affirmative Obligation, Patrick O. Gudridge
Articles
No abstract provided.
Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James
Breaking Free Of Chevron's Constraints: Zuni Public School District No. 89 V. U.S. Department Of Education, Osamudia R. James
Articles
No abstract provided.
Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall
Divorce Reform: Rights Protections In The New Swaziland, Tamar Ezer, Aisha Glasford, Elizabeth Hollander, Lakeisha Poole, Grant Rabenn, Alexandria Tindall
Articles
No abstract provided.
Hedge Funds And Governance Targets, William Wilson Bratton
Hedge Funds And Governance Targets, William Wilson Bratton
Articles
Corporate governance interventions by hedge fund shareholders are triggering debates between advocates of management empowerment and advocates of aggressive monitoring by actors in the capital markets. This Article intervenes with an empirical question: What, based on the record so far have the hedge funds actually done to their targets? Information has been collected on 130 domestic firms identified in the business press since 2002 as targets of activist hedge funds, including the funds' demands, their tactics, and the results of their interventions for the targets' governance and finance. The survey results show that the hedge funds have an enviable record …
Guantanamo Forever: United States Sovereignty And The Unending State Of Exception, Mary Anne Franks
Guantanamo Forever: United States Sovereignty And The Unending State Of Exception, Mary Anne Franks
Articles
No abstract provided.
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman
Articles
No abstract provided.
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
"Unchain The Children": Gault, Therapeutic Jurisprudence, And Shackling, Bernard P. Perlmutter
Articles
No abstract provided.
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham
Articles
No abstract provided.
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Fourth Amendment Lessons From The Highway And The Subway: A Principled Approach To Suspicionless Searches, Ricardo J. Bascuas
Articles
The threat of future terrorist attacks has sped the proliferation of random, suspicionless searches and seizures, such as those now made of New York City subway riders. Courts assess the legality of such searches with an inherently flawed balancing test developed to assess searches and seizures made without "probable cause." Although scholars and Justices alike have decried the resort to balancing individual interests against the government's need to search, no alternative framework has been proposed. This Article proposes a more principled, objective inquiry for determining when suspicionless searches can be made. To eliminate the need for balancing, this Article advances …
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson
Articles
No abstract provided.
The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton
The Paradox Of Hierarchy - Or Why We Always Choose The Tools Of The Master's House, Zanita E. Fenton
Articles
No abstract provided.
Egalitarianism And Exclusion: U.S. Guest Worker Programs And A Non-Subordination Approach To The Labor-Based Admission Of Nonprofessional Foreign National, Andrew Elmore
Articles
No abstract provided.
Private Standards, Public Governance: A New Look At The Financial Accounting Standards Board, William Wilson Bratton
Private Standards, Public Governance: A New Look At The Financial Accounting Standards Board, William Wilson Bratton
Articles
The Financial Accounting Standards Board (the "FASB") presents a puzzle: How has this private standard setter managed simultaneously (1) to remain independent, (2) to achieve institutional stability and legitimacy, and (3) to operate in a politicized context in the teeth of opposition from its own constituents? This Article looks to governance design to account for this institutional success. The FASB's founders made a strategic choice to create a regulatory agency that sought independence rather than political responsiveness. The FASB also set out a coherent theory of accounting, the "Conceptual Framework," to contain and direct its decisions. The Conceptual Framework contributed …
Corporate Form And Substantive Consolidation, William H. Widen
Corporate Form And Substantive Consolidation, William H. Widen
Articles
No abstract provided.
Providing Public Assistance For The Sunshine Law, Jean Manake, Jill Barton
Providing Public Assistance For The Sunshine Law, Jean Manake, Jill Barton
Articles
No abstract provided.
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Above The Law? The Constitutionality Of The Ministerial Exemption From Antidiscrimination Law, Caroline Mala Corbin
Articles
No abstract provided.
Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks
Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Princeton University Press. 2006 (Book Review), Mary Anne Franks
Articles
No abstract provided.
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.
In Search Of Regulatory Equilibrium, Lili Levi
Due Process Rights And Terrorist Emergencies, James W. Nickel
Due Process Rights And Terrorist Emergencies, James W. Nickel
Articles
This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …