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Full-Text Articles in Law
Book Review: Social Media And Democracy: The State Of The Field And Prospects For Reform, Cynthia W. Bassett
Book Review: Social Media And Democracy: The State Of The Field And Prospects For Reform, Cynthia W. Bassett
Faculty Publications
Social Media and Democracy illuminates the empirical social science research done to date to tease apart the effects social media has had on representative democracies. It is a collection of essays by academic social scientists researching the intersection of social media and democracy from a variety of angles.
Book Review: Divergent Paths: The Academy And The Judiciary, S. I. Strong
Book Review: Divergent Paths: The Academy And The Judiciary, S. I. Strong
Faculty Publications
Judge Richard Posner's most recent book, Divergent Paths: The Academy and the Judiciary touches on a number of important issues, but the most revolutionary element involves Judge Posner's discussion of how the legal academy can assist with the education of current and future judges.
Book Review: Private International Law In English Courts, S. I. Strong
Book Review: Private International Law In English Courts, S. I. Strong
Faculty Publications
Although debates about cooperation versus competition make for good scholarly fodder, this issue actually has an important practical component, as demonstrated by Professor Adrian Briggs of the University of Oxford in his masterful new book, Private International Law in English Courts. Like all truly superlative texts, Professor Briggs's book is deceptively accessible. The prose is not only elegant and eloquent, it is peppered with the dry wit one would expect from an Oxford don.
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Faculty Publications
The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Constitutional Conundrums In Arbitration: Book Review Of Arbitration And The Constitution, S. I. Strong
Faculty Publications
The combination of arbitration and constitutional law is the topic of Professor Peter Rutledge's new book, and the focus of this review essay, which will consider, among other things, whether these two subjects are compatible.
Book Review: Reviewing Part Iii Of Innovation For The 21st Century: Harnessing The Power Of Intellectual Property And Antitrust Law, Dennis D. Crouch
Book Review: Reviewing Part Iii Of Innovation For The 21st Century: Harnessing The Power Of Intellectual Property And Antitrust Law, Dennis D. Crouch
Faculty Publications
I have very much enjoyed reading Professor Michael Carrier's important new book on the intersection of law and innovation, and greatly appreciate his contributions to the field. In this short essay, I will focus my discussion on my sole area of expertise—patent law. Carrier takes-on the subject of patents in Part III of his book. I agree with most of what Carrier writes. To make this essay more interesting, I focus on some of our areas of apparent disagreement.
Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi
Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi
Faculty Publications
Challenging scholars of both colonial history and globalization, Lauren Benton's Law and Colonial Cultures argues that state-centered legal orders emerged as a result of the presence of colonial powers, both European and non-European. She describes how the colonial state developed through jurisdictional conflicts between native judicial systems and colonial legal systems.
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Book Review: Law And Religion: Current Legal Issues 2001 - Volume 4, S. I. Strong
Faculty Publications
As volume four of Current Legal Issues demonstrates, commentary on the interplay between law and religion in the UK is growing, although the subject still attracts nowhere near the level of attention it does in other countries. The newest addition to the literature constitutes a welcome advance to lawyers working or interested in the field. For example, many existing collections of essays on law and religion focus primarily on sociological issues. This compilation, on the other hand, contains many essays that stress truly legal dilemmas, although sociological, philosophical and other approaches to the question are still well represented among the …
Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong
Book Review: Legal Traditions Of The World: Sustainable Diversity In Law, S. I. Strong
Faculty Publications
Combining a historically accurate analysis with a distinctly contemporary sensibility, H. Patrick Glenn invokes not only jurisprudential concepts as he explains the different legal traditions, but religious and sociological ideas as well.
Book Review: The Business Of Judging, S. I. Strong
Book Review: The Business Of Judging, S. I. Strong
Faculty Publications
Lord Bingham of Cornhill is no stranger to the business of judging. Senior Lord of Appeal in Ordinary, former Lord Chief Justice of England, former Master of the Rolls, he has been sitting on the bench in one capacity or another for the last twenty years - twenty-five if one counts his tenure as a recorder. Although he began his career at the bar in 1959 as a commercial and civil lawyer, his appointment in 1996 as Lord Chief Justice placed him at the apex of the criminal justice system. In becoming senior Law Lord, Lord Bingham has expanded his …
Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong
Book Review: Faith In Law: Essays In Legal Theory, S. I. Strong
Faculty Publications
The essays collected in this book arise out of a series of seminars exploring the relationship between law and faith, broadly defined, and investigate "the many varied links between law and faith", particularly as those links relate to legal theory. While the editors intended to demonstrate the diversity of ways in which the topic can be viewed, this very diversity causes some problems for the reader.
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Book Review: We The People: The Fourteenth Amendment And The Supreme Court, S. I. Strong
Faculty Publications
Never one to shirk a challenge, Michael Perry has taken on the difficult task of investigating whether, as charged by a number of prominent social and legal commentators, "the modern Supreme Court, in the name of the Fourteenth Amendment [to the US Constitution], [has] usurped prerogatives and made choices that properly belong to the electorally accountable representatives of the American people," and if so, to what extent (p. 8). Perry makes no attempt to address every facet of Fourteenth Amendment doctrine, but instead focuses his discussion on some of the most controversial topics: racial segregation, affirmative action, discrimination on the …
Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad
Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad
Faculty Publications
Criticism of legal writing has come with increasing frequency and stridency in recent years from lawyers and nonlawyers alike. Judges have criticized the writing of advocates, and lawyers have complained about the writing of judges and other lawyers. Law professors have bemoaned both their students' inability to write the King's English5 *1062 and their own tendency to write ‘unintelligible gibberish.’ And all law school graduates have been pilloried by a general public that has grown increasingly resentful of the unnecessary complexity of ‘legalese.