Law Commons^™

What To Count, What To Report: The Revised Aba Annual Questionnaire (Aall Program Report), Ellen T. Mcgrath

Law Librarian Other Scholarship

No abstract provided.

Coastal Regulation In South Carolina: Will The Rising Sea Change The Nature Of Governing Law, Kim Diana Connolly

Other Scholarship

No abstract provided.

New York's Judicial Selection Process Is Fine – It's The Party System That Needs Fixing, James A. Gardner

Other Scholarship

New York's system of electing lower court judges has long been notorious for providing the appearance of democracy without any of the substance. Although the people are given an opportunity to vote for judges, the really meaningful choices about who will run, where, and whether judicial elections will even be contested have for years been made by party insiders. Last year, in a case soon to be heard by the U.S. Supreme Court, the Second Circuit invalidated New York's method of electing judges on the ground that it violates the associational rights of party rank and file. In this brief …

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …

Christopher F. Zurn's Deliberative Democracy And The Institutions Of Judicial Review (Book Review), James A. Gardner

Book Reviews

No abstract provided.

Stephen M. Best's The Fugitive's Properties: Law And The Poetics Of Possession (Book Review), Guyora Binder

Book Reviews

No abstract provided.

"Balancing Your Strengths Against Your Felonies": Considerations For Military Recruitment Of Ex-Offenders, Michael Boucai

Journal Articles

Existing work on ex-offenders’ access to military employment too narrowly represents both the Armed Forces’ and the public’s interests in the issue. This Article proposes to shift the conversation from ex-offenders’ usefulness to the Armed Forces to the reciprocal responsibilities and benefits involved for these potential recruits, the military, and society at large. Part One reviews the rules, policies, and procedures governing the “moral waivers” that allow thousands of individuals with criminal histories to enlist each year, and it shows that that the waiver system nonetheless often fails to detect the criminal backgrounds of many recruits. Part Two reviews some …

Powers Of Illegality: House Demolitions And Resistance In East Jerusalem, Irus Braverman

Journal Articles

This article examines how techniques of illegality based in planning laws and policy are utilized to dominate the Palestinian population of East Jerusalem. Although the demolition of homes is the most spectacular spatial mechanism of illegality exercised by Israel in East Jerusalem, my focus in the first part of the article is on more mundane techniques of illegality, such as mapping, filing, and arbitrariness. The second part of the article introduces the notion of resistance and explores the illegal building carried out by East Jerusalemite Palestinians as an act of spatial protest. In examining tactics of "everyday" resistance, I suggest …

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Journal Articles

No abstract provided.

The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis E. Chiesa

Journal Articles

No abstract provided.

Can Happy Subjects Have An Enlightened Despot? Customer Satisfaction Among Army Corps Permit Applicants, Kim Diana Connolly

Other Scholarship

No abstract provided.

Survey Says: Army Corps No Scalian Despot, Kim Diana Connolly

Journal Articles

Justice Antonin Scalia and others have described the U.S. Army Corps of Engineers ('the Corps') administration of the permitting process as burdensome and inefficient. Empirical data gathered from the Corps, however, do not bear out this assessment. In this Article, Kim Diana Connolly evaluates data collected from Corps Customer Service Surveys as well as the apparent disconnect between applicant experiences and the public's negative perception of the permitting process. She begins the Article with an overview of the Corps' regulatory permitting process, then lays out the history of and context for the Corps' Customer Service Surveys. Next, she summarizes available …

Understanding Buffalo's Economic Development (Review Essay), Thomas E. Headrick, John Henry Schlegel

Book Reviews

Reviewing Diana Dillaway, Power Failure: Politics, Patronage, and the Economic Future of Buffalo, New York (2006).

To Tax Or Not To Tax, That Is The Question: The State Of Section 104(A)(2) Following Murphy V. Internal Revenue Service, Stuart G. Lazar

Other Scholarship

No abstract provided.

The Ramsar Convention On Wetlands: Assessment Of International Designations Within The United States, Kim Diana Connolly

Other Scholarship

The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking at both …

A Damn Hard Thing To Do, John Henry Schlegel

Journal Articles

No abstract provided.

The Ramsar Convention On Wetlands: Assessment Of International Designations Within The United States, Royal C. Gardner, Kim Diana Connolly

Journal Articles

Editors' Summary: The Convention on Wetlands of International Importance Especially as Waterfowl Habitat, more commonly knows as the Ramsar Convention, is one international framework used to protect wetlands. At this time, the United States has designated 22 sites as wetlands of international importance. In this Article, Royal C. Gardner and Kim Diana Connolly analyze survey data collected from each of these 22 sites to determine whether and how Ramsar designation benefits these wetland areas. The authors first provide a brief overview of the Ramsar Convention, including its function within the United States. They then break down the survey data, looking …

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

Journal Articles

No abstract provided.

Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld

Book Reviews

No abstract provided.

Thinking With Wolves: Left Legal Theory After The Right's Rise (Review Essay), Martha T. Mccluskey

Book Reviews

Reviewing Wendy Brown & Janet Halley, Left Legalism/Left Critique (2001).

Left legal theory is in crisis. This crisis reflects a broader problem of contemporary U.S. politics: the lack of grand ideas capable of mobilizing meaningful opposition to the triumph of the political right. Right-wing legal theory has contributed to that dramatic political change by promoting ideas questioning the foundations of the twentieth century liberal welfare and regulatory state.

This review essay analyzes a rare recent attempt to revive left legal theory in the face of the right's triumph: the anthology Left Legalism/Left Critique edited by Wendy Brown and Janet Halley …

Douglas Hay And Paul Craven's Masters, Servants, And Magistrates In Britain And The Empire, 1562–1955, Robert J. Steinfeld

Book Reviews

No abstract provided.

Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa

Journal Articles

No abstract provided.

The Place Of Translation In Jerusalem's Criminal Trial Court, Irus Braverman

Journal Articles

The court-appointed translator is largely an invisible actor in the legal space. The Israeli context provides an extreme example of this invisibility: apart from a general statutory definition of the court's obligation to translate criminal proceedings, the work of translation in the Israeli courtroom is mostly unregulated by state law, rendering it highly susceptible to informal manifestations. This article offers a critical empirical investigation into the micropractices of translation performed in the Jerusalem criminal trial court in 2002. On the face of things, the court-appointed translator performs a technical task in the everyday working of the court. Expected to mediate …

Aesthetic Judgment And Legal Justification, Guyora Binder

Journal Articles

Although criticized as illegitimate, literary elements are necessary features of legal argument. In a modern liberal state, law motivates compliance by justifying controversial prescriptions as products of an appropriate process for representing the will of society. Yet because law constructs the will of individual and collective actors in representing them, its representations are necessarily figurative rather than mimetic. In evaluating law's representation of society, citizens of the liberal state are also shaping their own ends. Such self-expressive choices, subjective but non-instrumental, entail aesthetic judgment. Thus the literary elements of rhetorical figuration and aesthetic appeal are fundamental, rather than merely ornamental, …

Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis

Journal Articles

The World Trade Organization ('WTO' or the 'Organization') is premised upon increasing prosperity by opening markets to greater trade flows. Although the goals of the Organization include enhancing development and reducing poverty, thus far the WTO has had difficulty bridging the gap between its trade expansion focus – exemplified by members’ substantive commitments to provide greater access to their markets – and its desire to promote development – largely framed in aspirational, nonbinding terms. This article explains why current measures to assist developing countries ('DCs') are not a complete solution to the trade and development disconnect. It further proposes using …

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Journal Articles

No abstract provided.

Poor Enough To Be Eligible? Child Abuse, Neglect, And The Poverty Requirement, Susan Vivian Mangold

Journal Articles

No abstract provided.

Branded: Corporate Image, Sexual Stereotyping, And The New Face Of Capitalism, Dianne Avery, Marion Crain

Journal Articles

No abstract provided.

Change In The Human Rights Universe, Makau Mutua

Journal Articles

No abstract provided.

Narrative, Disability, And Identity, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.