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Articles 1 - 13 of 13
Full-Text Articles in Law
Book Review: The I Chong: Meditations From The Joint (2006), Donald E. Wilkes Jr.
Book Review: The I Chong: Meditations From The Joint (2006), Donald E. Wilkes Jr.
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Book Review of THE I CHONG: MEDITATIONS FROM THE JOINT, by Tommy Chong (NY: Simon Spotlight Entertainment, 2006).
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
What The Swiss Miss (Review Of Friedrich Durrenmatt, Selected Writings), Kenneth Anderson
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The Swiss playwright and novelist Friedrich Durrenmatt (1921-90) is remembered among English-language audiences primarily as the author of the 1956 play, The Visit of the Old Lady. He is, however, a leading playwright and novelist, primarily of detective fiction, of Europe and the German language in the post-war period. This review from the Wall Street Journal examines the full body of his work in a three volume selection of his writings published by the University of Chicago. One important consideration is Durrenmatt's place as a German language writer, yet Swiss, rather than German, following the horrors of the Second World …
I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr.
I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr.
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My dear Mr. Justice Thomas,
With all respect, will you permit me to express candidly my concerns about your proclivity for demeaning human rights? Will you allow me to tell you frankly, sir, that because of your relentless hostility to human rights claims you are a painful embarrassment to the Court you sit on, to America's heritage of liberty, and to the rule of law?
Law And Terror, Kenneth Anderson
Law And Terror, Kenneth Anderson
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This short policy article argues that both the Bush administration, in its final two years in office, and Congress have an obligation and interest in taking US counterterrorism policy beyond the current "war on terror" operated on the basis of executive power and discretion, to comprehensively institutionalize it for the long term through Congressional legislation. It argues that the Military Commissions Act of 2006 is mistakenly aimed merely at satisfying the narrow requirements of the Hamdan decision, and is far from the comprehensive legislation that institutionalizing counterterrorism policy requires in order both to have democratic legitimacy with the American people …
Doomed Internationalist, Kenneth Anderson
Doomed Internationalist, Kenneth Anderson
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Introduction. The neoconservative influence on American foreign policy has not had an enthusiastic response outside the United States. Its failure to bring peace and democracy to Iraq has now resulted in a spate of critiques in America itself, even from within the policy establishment. The highest-level defection has been that of Francis Fukuyama, author of The End of History and the Last Man (1992), the paean to the triumph of capitalism that became a canonical neoconservative text of the 1990's, articulating the transition from the Clinton administration to that of George W. Bush. In his new book, After the Neocons, …
Defending The Right To Self-Representation: An Empirical Look At The Pro Se Felony Defendant, Erica J. Hashimoto
Defending The Right To Self-Representation: An Empirical Look At The Pro Se Felony Defendant, Erica J. Hashimoto
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Assistant Professor Erica Hashimoto outlines her research on why felony defendants should continue to have the constitutional right to represent themselves.
Drawing The Line: One Taxpayer's Economic Development Incentive Is Often Another's Discriminatory Tax, Walter Hellerstein
Drawing The Line: One Taxpayer's Economic Development Incentive Is Often Another's Discriminatory Tax, Walter Hellerstein
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Shackelford Professor Walter Hellerstein shares his opinions regarding Congress' need to define more clearly what types of state and local tax incentives are legal. Prof. Hellerstein was asked to provide testimony on these issues at a U.S. Senate hearing before the Subcommittee on International Trade of the Committee on Finance. He also testified on this topic before a U.S. House of Representatives subcommittee and provided an overview of the American debate to the United Kingdom’s Treasury Department, which faces similar issues in relation to Member States of the European Union seeking to encourage economic growth and productivity in their respective …
Human Rights And Due Process Of Law, Donald E. Wilkes Jr.
Human Rights And Due Process Of Law, Donald E. Wilkes Jr.
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One of our constitutional rights, the right to due process of law, is terra incognita to most Americans, even though it is one of the most important constitutional rights. This article discusses the history of this fundamental right.
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein
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No abstract provided.
We Can't Escape Responsibility, Gene R. Nichol
Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith
Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith
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Patent law provides an impressive laundry list of defenses available to farmers who are the victims of unwanted pollen drift. The common law works hand-in-hand with patent law to ensure that a farmer’s choices are respected. Strong arguments can be made that positive economic relief should be afforded to farmers who can show the value of their crop has been diminished due to pollen drift. GMO pollen drift is a new, high-tech problem, but well-established principles of federal and state law appear prepared to offer viable low-tech solutions.
Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson
Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson
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In the world of modern trials, expert witnesses are the coin of the realm. Lawyers know that most of the time, experts are case-breakers. Their demeanor, knowledge, and presentation ability are key qualities. Accordingly, their persuasive effect on modern lay jurors makes it incumbent on judges to ensure that an expert's opinions are appropriately directed. That means not allowing an economist to testify about the medical dynamics of bone disease, for example.
Kelo V. City Of New London: Supreme Court Refuses To Hamstring Local Governments, James C. Smith
Kelo V. City Of New London: Supreme Court Refuses To Hamstring Local Governments, James C. Smith
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The Court's decision last term in Kelo v. City of New London, 125 S.Ct. 2655 (2005), has drawn heavy fire, most of it unmerited. By the narrowest of margins, the Court held that the city could take single-family homes to develop an office park and to provide parking or retail services for visitors to an existing state park and marina. Many observers thought the Court would take this opportunity to display its "conservative" activism by reining in the power of eminent domain. After all, the Court has grown increasingly protective of property rights during the past two decades. See …