Law Commons^™

Johnson V. Kelley, Bruce Green

Amicus Briefs

No abstract provided.

Arbitration Without Law: Choice Of Law In Frand Disputes, Eli Greenbaum

Res Gestae

Recent arbitration between InterDigital and Huawei seems to demonstrate the purported advantages of arbitration as a means of dispute resolution. The warring parties subsumed their multiple suits across different jurisdictions and forums into a single binding arbitral process. By virtue of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”), the arbitral award would be enforceable across jurisdictions. But even an agreement to arbitrate requires agreement on certain basic matters. On the most fundamental level, it requires agreement on the substantive and procedural laws governing the dispute, as well as the situs—or location—of the …

Imls, Cosla Launch “Measures That Matter”, Jennifer Dixon

Staff Publications

No abstract provided.

Harvard Report: One Step Closer To Low-Risk Oa Orphan Works?, Jennifer Dixon

Staff Publications

No abstract provided.

The Future Of The Life Cycle | Designing The Future, Jennifer Dixon

Staff Publications

No abstract provided.

Safety First | Library Security, Jennifer Dixon

Staff Publications

No abstract provided.

David Brown Versus Louisiana, Charles Ogletree, Ronald Sullivan

Amicus Briefs

No abstract provided.

Brown’S Flip Library Lends Textbooks To Low- Income Students, Jennifer Dixon

Staff Publications

No abstract provided.

United We Change | Careers 2016, Jennifer Dixon

Staff Publications

No abstract provided.

A Plan To Strengthen The Paris Climate Agreement, Bryan H. Druzin

Res Gestae

Sustainable use of common-pool resources is extremely tricky to maintain. Indeed, the failure of the Kyoto Protocol is a stark testament to this challenge. This short discussion offers a potential solution to this crisis of coordination. This Article proposes a mechanism to mitigate the impact of the tragedy of the commons and help ensure that the world’s nations live up to their commitments under the Paris Agreement. The challenge to international cooperation that the tragedy of the commons creates is pernicious. The question of how to tackle the tragedy of the commons—and I say this without a trace of exaggeration—is …

Enoch Pratt Free Library Brings Lawyers To The Library, Jennifer Dixon

Staff Publications

No abstract provided.

A Secular Test For A Secular Statute, Abner S. Greene

Faculty Scholarship

This short essay argues that a secular test is available to determine what constitutes a “substantial burden” on religious exercise under the Religious Freedom Restoration Act. It takes issue with the Court’s approach that is more deferential to the claimant, and with approaches offered by Professors Sepinwall and Helfand. It resists Sepinwall’s argument that proximity in law tracks a subjective sense of complicity, and it takes issue with Helfand’s argument that examining the substantiality of burden would implicate the religious question doctrine.

The Monsanto Lecture: Online Defamation, Legal Concepts, And The Good Samaritan, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

The Firing Squad As "A Known And Available Alternative Method Of Execution" Post-Glossip, Deborah W. Denno

Faculty Scholarship

This Article does not address the medical debate surrounding the role of midazolam in executions; the problems associated with using the drug have been persuasively argued elsewhere. Nor does it question the soundness of the Glossip Court’s “alternative method of execution” requirement. Rather, this Article’s proposed reform is a constitutionally acceptable alternative that meets the Glossip Court’s standard, rendering moot—at least for the purposes of the following discussion—very real concerns regarding the validity of that dictate. Part I of this Article pinpoints several areas where the Glossip Court goes wrong in glaringly inaccurate or misleading ways, given the vast history …

A Convenient Seat In God's Temple: The Massachusetts General Colored Association And The Park Street Church Pew Controversy Of 1830, Marc Arkin

Faculty Scholarship

The Massachusetts General Colored Association was the most advanced black civil rights organization of its day. In 1830, the MGCA backed a protest against segregated pews in Boston s Park Street Church, an event that provided a crucial opening for the alliance between black abolitionists and William Lloyd Garrison s New England Anti Slavery Society.

Gender Indicators As Global Governance: Not Your Father's World Bank, Catherine Powell

Faculty Scholarship

No abstract provided.

Reconsidering Criminal Background Checks: Race, Gender, And Redemption, Kimani Paul-Emile

Faculty Scholarship

No abstract provided.

The Unsung Virtues Of Global Forum Shopping, Pamela K. Bookman

Faculty Scholarship

Forum shopping gets a bad name. This is even more true in the context of transnational litigation. The term is associated with unprincipled gamesmanship and undeserved victories. Courts therefore often seek to thwart the practice. But in recent years, exaggerated perceptions of the “evils” of forum shopping among courts in different countries have led U.S. courts to impose high barriers to global forum shopping. These extreme measures prevent global forum shopping from serving three unappreciated functions: protecting access to justice, promoting private regulatory enforcement, and fostering legal reform.

This Article challenges common perceptions about global forum shopping that have supported …

The Question Concerning Technology In Compliance, Sean J. Griffith

Faculty Scholarship

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.

Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson

Faculty Scholarship

During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …

How Corporate Governance Is Made: The Case Of The Golden Leash, Matthew D. Cain Ph.D., Jill E. Fisch, Sean J. Griffith, Steven D. Solomon

Faculty Scholarship

This Article presents a case study of a corporate governance innovation — the incentive compensation arrangement for activist-nominated director candidates colloquially known as the “golden leash.” Golden leash compensation arrangements are a potentially valuable tool for activist shareholders in election contests. In response to their use, several issuers adopted bylaw provisions banning incentive compensation arrangements. Investors, in turn, viewed director adoption of golden leash bylaws as problematic and successfully pressured issuers to repeal them. The study demonstrates how corporate governance provisions are developed and deployed, the sequential response of issuers and investors, and the central role played by governance intermediaries …

Bureaucratic Administration: Experimentation And Immigration Law, Joseph Landau

Faculty Scholarship

In debates about executive branch authority and policy innovation, scholars have focused on two overarching relationships—horizontal tension between the president and Congress and the vertical interplay of federal and state authority. However, these debates have overlooked the role of frontline bureaucratic officials in advancing the laws they administer. This Article looks to immigration law—in which lower-level federal officers exercise discretion delegated down throughout federal agencies—to identify how bottom-up agency influences can inform categorical, across-the-board executive branch policy. In this Article, I argue that decisions by frontline officers can and should be better harnessed to pair local laboratories of executive experimentation …

Introduction, Special Issue: Feminist Legal Theory, Maxine Eichner, Clare Huntington

Faculty Scholarship

No abstract provided.

Inherent National Sovereignty Constitutionalism: An Original Understanding Of The U.S. Constitution, Robert J. Kaczorowski

Faculty Scholarship

No abstract provided.

Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce

Faculty Scholarship

In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …

Courting Abolition, Deborah W. Denno

Faculty Scholarship

This Review of Courting Death offers a different take on two of Professor Carol Steiker and Professor Jordan Steiker's major themes: (1) the tension between effecting meaningful reform and legitimatizing legal façades, and (2) the future of the American death penalty. The Review argues several points, one being that the Model Penal Code may have had a larger pre-Furman impact than the Steikers acknowledge. In addition, the Review expands on some key contributors to the death penalty’s decline that may have been obscured by the all-encompassing nature of the Steikers’ regulation argument — for example, the emergence of unforeseeable exogenous …

Adding A Little Gold To The Golden Years: Should The European Union Prohibit Compulsory Retirement As Aged-Based Discrimination In Employment?, Roger J. Goebel

Faculty Scholarship

On October 2, 1997, the Member States of the European Union signed the Treaty of Amsterdam which amended the European Community Treaty (ECT). Among the Amsterdam Treaty's most important new provisions was ECT Article 13, which authorized the Council of Ministers, acting unanimously, to "take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability, age or sexual orientation." The Council acted with surprising rapidity to adopt Directive 2000/78, which prohibits discrimination in employment on all the listed bases (except for "racial or ethnic origin, " which is covered by Directive 2000/43). Since December …

Candor In Criminal Advocacy, Bruce A. Green

Faculty Scholarship

No abstract provided.

Should There Be A Specialized Ethics Code For Death-Penalty Defense Lawyers, Bruce A. Green

Faculty Scholarship

State ethics codes based on the ABA Model Rules of Professional Conduct address lawyers' work in advocacy but do not target lawyers' work in particular areas of advocacy or in other specialized practice areas. For more than forty years, critics have asserted that existing ethics rules are too superficial and should be supplemented by specialized rules. This article examines the utility of specialized ethics rules for one particular sub-specialty-death-penalty defense practice. After identifying arguments for and against a specialized ethics code for death-penalty cases, the article analyzes the arguments in the context of a particular ethics dilemma that some death-penalty …

Disciplinary Regulation Of Prosecutors As A Remedy For Abuses Of Prosecutorial Discretion: A Descriptive And Normative Analysis, Bruce A. Green, Samuel J. Levine

Faculty Scholarship

No abstract provided.