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Full-Text Articles in Law
Martin's March, David B. Oppenheimer
Martin's March, David B. Oppenheimer
David B Oppenheimer
Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..
Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer
Congress And The Supreme Court's Conflict Over Antidiscrimination Law, David B. Oppenheimer
David B Oppenheimer
In 1968, in the days following King's assassination, Congress passed the Fair Housing Act, prohibiting most housing discrimination based on race, color, religion, or national origin. [...] later that same year, the Supreme Court found that the long-dormant 1866 and 1867 Civil Rights Acts, prohibiting private racial discrimination, which had been ignored since the end of Reconstruction, remained valid. Since 1968, Congress has passed several laws intended to broaden federal civil rights, either to include more groups or, with increasing frequency, simply to reverse Supreme Court decisions.\n (California's statute applies to employers of five or more employees and prohibits harassment …
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell
Peter Menell
Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to …
A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo
A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo
Laurent Mayali
This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly
Kim Diana Connolly
This Essay explores the use of interdisciplinary law school classes as a fundamental way to connect law students with future colleagues who are receiving different professional training, as well as with concepts related to but outside of traditional doctrinal law. While these classes offer rich learning opportunities, their design and implementation present a host of different issues. Part I of this Essay briefly explores the history and range of interdisciplinary class opportunities, looking both outside and within the law school context. Part II provides an overview of the benefits and barriers to successful interdisciplinary law school courses. Part III offers …
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Race, Ethnicity, Erasure: The Salience Of Race To Latcrit Theory, Ian F. Haney-Lopez
Ian F. Haney-López
Discusses issues related to race relations in the United States using the `Hernandez v. Texas' case. Social constructionist understanding of Latino racial identity; Salience of race in Latino identity; Extent of Latino racialization; Question of the language of race's appropriateness.
In Defense Of Judicial Supremacy, Erwin Chemerinsky
In Defense Of Judicial Supremacy, Erwin Chemerinsky
Erwin Chemerinsky
“Judicial supremacy” is the idea that the Supreme Court should be viewed as the authoritative interpreter of the Constitution and that we should deem its decisions as binding on the other branches and levels of government, until and unless constitutional amendment or subsequent decision overrules them. This is desirable because we want to have an authoritative interpreter of the Constitution and the Court is best suited to play this role. Under this view, doctrines which keep federal courts from enforcing constitutional provisions—such as denying standing for generalized grievances, the political question doctrine, and the state secrets doctrine—are misguided and should …
Reflections On Firearms And The Criminal Law, Franklin E. Zimring
Reflections On Firearms And The Criminal Law, Franklin E. Zimring
Franklin E. Zimring
The article presents the author's opinion on firearms and violence. Firearms and firearms control have never been an important issue in criminal law scholarship, even though firearms are used in many violent crimes and the criminal law is the principal mechanism used to regulate gun ownership and use in the U.S. Concern about violence and its control is the major reason for interest in firearms and firearms control, but what is not so clear is why a focus on violence emerged in the 1990s. The homicide rate in the U.S. doubled betweem 1964 and 1974 and has been fluctuating around …
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky
Hari Osofsky
This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Catherine Fisk
No abstract provided.
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
A View From The Sky: A General Overview About Civil Litigation In The United States With Reference To The Relief In Small And Simple Matters, Manuel A. Gómez, Juan Carlos Gómez
Manuel A. Gómez
This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, …
U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld
U.S. V. Microsoft - An Economic Analysis, Franklin M. Fisher, Daniel L. Rubinfeld
Daniel L. Rubinfeld
Analyzes the antitrust lawsuit filed by the United States Department of Justice against the Microsoft Corp. Violations of sections of the Sherman Act; Background of the case; Economic questions raised by Microsoft; Monopolization of the personal computer operating system; Engagement in unreasonable restraints of trade.
Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld
Trial Courts: An Economic Perspective, Robert D. Cooter, Daniel L. Rubinfeld
Daniel L. Rubinfeld
This article describes economic research on models of legal disputes. Concepts such as rational choice and static equilibrium are often used inaccurately in the noneconomic research presented in this issue. This article critiques the longitudinal studies, illustrating a number of problems of conceptualization and data analysis. Finally, the authors consider normative models of dispute resolution and the evolution and effects of judge-made law.
Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan
Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan
Srividhya Ragavan
The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.