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Full-Text Articles in Law

Lies, Damned Lies, And Judicial Empathy, Mary Anne Franks Jan 2011

Lies, Damned Lies, And Judicial Empathy, Mary Anne Franks

Articles

No abstract provided.


Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill Jan 2011

Nonparticipatory Association And Compelled Political Speech: Consent As A Constitutional Principle In The Wake Of Citizens United , Frances R. Hill

Articles

No abstract provided.


How Much Clinic For How Many Students?: Examining The Decision To Offer Clinics For One Semester Or An Academic Year, Kele Stewart Jan 2011

How Much Clinic For How Many Students?: Examining The Decision To Offer Clinics For One Semester Or An Academic Year, Kele Stewart

Articles

Many law schools are engaged in curricular reform aimed at more effectively preparing students for practice. Two publications that have influenced these reform efforts, Best Practices for Legal Education and the Carnegie Foundation's report Educating Lawyers: Preparation for the Profession of Law, suggest that there should be more clinical opportunities. With limited resources, there is an apparent tension between providing live-client clinics to as many students as possible versus a deeper clinical experience over an academic year. This Article examines the questions raised by a law school's decision to offer a clinic for one semester or two. In ...


Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice Jan 2011

Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice

Articles

No abstract provided.


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes Jan 2011

Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes

Articles

Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant standing in the world economy and polity, prevailing "social structures of accumulation" within the United States were already in decline. For CRT's next iteration, we argue that a critical race materialist approach is necessary to interpret the history of how economic and social structures ...


Paper Tectonics, Patrick O. Gudridge Jan 2011

Paper Tectonics, Patrick O. Gudridge

Articles

No abstract provided.


Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman Jan 2011

Holden Caulfield Grows Up: Salinger V. Colting, The Promotion-Of-Progress Requirement, And Market Failure In A Derivative-Works Regime, John M. Newman

Articles

In 2009, the pseudonymous 'John David California" announced plans for U.S. publication of 6o Years Later: Coming Through the Rye, a "sequel" to JD. Salinger's canonical novel The Catcher in the Rye. Salinger reacted swiftly, bringing a copyright infingement suit to enjoin publication of the new work. The district court granted the injunction, effectively banning U.S. distribution of the sequel and unintentionally illustrating modern copyright law's troubling divergence from the purpose of the constitutional grant of copyright authority to Congress.

Economic analysis demonstrates the tension caused by the repeated, incremental expansion of copyright protections-at some point ...


Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman Jan 2011

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.


Conservation Easements At The Climate Change Crossroads, Jessica Owley Jan 2011

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Articles

No abstract provided.


O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer Jan 2011

O My Sons And Daughters, How Do I Immiserate Thee: Let Me Count The Ways, Kenneth M. Casebeer

Articles

No abstract provided.


Online Retailers' Tax-Free Lunches, George Mundstock Jan 2011

Online Retailers' Tax-Free Lunches, George Mundstock

Articles

No abstract provided.


The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky Jan 2011

The Case Against Strategic Tax Law Uncertainty, Leigh Osofsky

Articles

No abstract provided.


Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri Jan 2011

Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri

Articles

No abstract provided.


When Corporations Translate Treaties, Caroline Bradley Jan 2011

When Corporations Translate Treaties, Caroline Bradley

Articles

No abstract provided.


Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin Jan 2011

Almost Free: An Analysis Of Icann's 'Affirmation Of Commitments', A. Michael Froomkin

Articles

No abstract provided.


Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi Jan 2011

Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi

Articles

No abstract provided.


Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman Jan 2011

Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman

Articles

No abstract provided.


Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker Jan 2011

Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker

Articles

No abstract provided.


More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter Jan 2011

More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter

Articles

No abstract provided.


Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley Jan 2011

Changing Property In A Changing World: A Call For The End Of Perpetual Conservation Easements, Jessica Owley

Articles

No abstract provided.


Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice Jan 2011

Resolving The Disjunction Between Cultural Property Policy And Law: A Call For Reform, Andrew L. Adler, Stephen K. Urice

Articles

Cultural property policy in the United States has become increasingly lawless, for lack of a better term. In recent years, the executive branch has aggressively restricted the movement of cultural property into the United States, but it has repeatedly done so without regard for constraining legal authority. The result is a troubling disjunction between the executive branch's (the "Executive") current cultural property policies and the existing legal framework established by Congress and the Judiciary. We document that disjunction in this Article.

We explain, for example, how the executive branch has recently repatriated an Egyptian sarcophagus and an antique French ...


Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn Jan 2011

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn

Articles

Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic ...


Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri Jan 2011

Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri

Articles

No abstract provided.


Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks Jan 2011

Unwilling Avatars: Idealism And Discrimination In Cyberspace, Mary Anne Franks

Articles

No abstract provided.


Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland Jan 2011

Federal Law In State Court: Judicial Federalism Through A Relational Lens, Charlton C. Copeland

Articles

Enforcing federalism is most commonly thought to involve the search for a constitutional delegation of substantive power. Although in modern times the substantive power might be overlapping or shared authority, federalism enforcement proceeds from a determination about the site of substantive power. This conception of federalism enforcement preserves the Constitution's commitment to fractionated authority by determining whether power is legitimately possessed. Thus we understand significant federalism disputes in our age as framed by whether Congress has the authority to enact comprehensive health care reform legislation, or whether Congress has exceeded its authority in reenacting the Voting Rights Act's ...


Taking The Business Out Of Work Product, Michele M. Destefano Beardslee Jan 2011

Taking The Business Out Of Work Product, Michele M. Destefano Beardslee

Articles

Over the past fifteen years, a common set of questions has surfaced in different areas of scholarship about the breadth of the corporate attorney's role: Should the corporate attorney provide business advice when providing legal advice? Should the corporate attorney provide counsel related to other disciplines such as public relations, social responsibility, morals, accounting, and/or investment banking? Should the corporate attorney prevent corporate wrongdoing? Questions like these resound in the scholarship addressing the risks and benefits of multi-disciplinary partnerships, gatekeeping, moral counseling, ancillary services, and the application of the attorney-client privilege. When looked at in combination, these segregated ...


Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley Jan 2011

Transparency Is The New Opacity: Constructing Final Regulation After The Crisis, Caroline Bradley

Articles

No abstract provided.


Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra Jan 2011

Perspective: Massachusetts' Health Care Reform And Emergency Department Utilization, Christopher Chen, Gabriel Scheffler, Amitabh Chandra

Articles

No abstract provided.


Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman Jan 2011

Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Caroline Bettinger-López, Davida Finger, Meetali Jain, Jonel Newman, Sarah Paoletti, Deborah M. Weissman

Articles

No abstract provided.