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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 Mar 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

Articles

No abstract provided.


An Anti-Authoritarian Constitution? Four Notes, Patrick O. Gudridge Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


A Hidden History Of Affirmative Obligation, Patrick O. Gudridge Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

"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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Corporate Form And Substantive Consolidation, William H. Widen

Articles

No abstract provided.


Providing Public Assistance For The Sunshine Law, Jean Manake, Jill Barton Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham

Articles

No abstract provided.


In Search Of Regulatory Equilibrium, Lili Levi Jan 2007

In Search Of Regulatory Equilibrium, Lili Levi

Articles

No abstract provided.


Due Process Rights And Terrorist Emergencies, James W. Nickel Jan 2007

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 …