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Articles 1 - 30 of 35
Full-Text Articles in Law
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin
Articles
No abstract provided.
Doug Kahn - A Personal Appreciation, Patricia D. White
International Human Rights; International Human Rights Law, James W. Nickel
International Human Rights; International Human Rights Law, James W. Nickel
Articles
No abstract provided.
Men, Women, And Optimal Violence, Mary Anne Franks
Men, Women, And Optimal Violence, Mary Anne Franks
Articles
While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …
Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello
Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello
Articles
No abstract provided.
Pining Away In The Midst Of Plenty: The Irony Of Rorty's Either/Or Philosophy, Susan Haack
Pining Away In The Midst Of Plenty: The Irony Of Rorty's Either/Or Philosophy, Susan Haack
Articles
No abstract provided.
Forging Path For Women's Rights In Customary Law, Tamar Ezer
Forging Path For Women's Rights In Customary Law, Tamar Ezer
Articles
No abstract provided.
Deference To Claims Of Substantial Religious Burden, Caroline Mala Corbin
Deference To Claims Of Substantial Religious Burden, Caroline Mala Corbin
Articles
No abstract provided.
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave
Articles
This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Financial Stability, Financial Services, And The Single Market, Caroline Bradley
Articles
No abstract provided.
Classing Up The Agency, Sergio J. Campos
Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington
Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington
Articles
No abstract provided.
Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack
Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack
Articles
No abstract provided.
A Tale Of Three Markets: Comparing The Renewable Energy Experiences Of California, Texas, And Germany, Felix Mormann, Dan Reicher, Victor Hanna
A Tale Of Three Markets: Comparing The Renewable Energy Experiences Of California, Texas, And Germany, Felix Mormann, Dan Reicher, Victor Hanna
Articles
The Obama administration has repeatedly identified the large-scale build-out of clean, renewable energy infrastructure as a key priority of the United States. The President's calls for a cleaner energy economy are often accompanied by references to other industrialized countries such as Germany, hailed by many as a leader in renewable energy deployment. Indeed, the share of renewables in Germany's electricity generation mix is twice that of the United States, and the ambitious "Energiewende" commits the country to meeting 80% of its electricity needs with renewables by 2050. While some praise the German renewables experience as successful proof of concept, others …
Risky Ip, Andres Sawicki
An Unsafe Financial System, Caroline Bradley
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker
Articles
No abstract provided.
Real-World Tax Screening, Leigh Osofsky
Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave
Campus Sexual Assault Adjudication: Why Universities Should Reject The Dear Colleague Letter, Tamara Rice Lave
Articles
No abstract provided.
Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila Velez
Afterword: Kindling The Programmatic Production Of Critical And Outsider Legal Scholarship, 1996-2016, Sarudzayi M. Matambanadzo, Francisco Valdes, Sheila Velez
Articles
No abstract provided.
Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine
Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine
Articles
No abstract provided.
Empowering Federal Regulation For A Changing Electricity Sector, Felix Mormann
Empowering Federal Regulation For A Changing Electricity Sector, Felix Mormann
Articles
No abstract provided.
Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise
Hitting The Mark? Aall Legal Research Competencies: From Classroom To Practice, Gail A. Partin, Sally H. Wise
Articles
No abstract provided.
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Rebellious Pedagogy And Practice, Anthony V. Alfieri
Articles
Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker
Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker
Articles
No abstract provided.
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Articles
Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
The Prosecutor's Duty To "Imperfect" Rape Victims, Tamara Rice Lave
Articles
No abstract provided.
The Turn To Procedure, Kunal M. Parker
Antitrust In Zero-Price Markets: Applications, John M. Newman
Antitrust In Zero-Price Markets: Applications, John M. Newman
Articles
"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.
In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley
Articles
Land conservation transactions have been the most active component of the conservation movement in the United States for the past three decades. Conservation organizations have acquired property rights-mostly conservation easements-to protect roughly 40 million acres of land nationwide. However, climate change threatens this vast edifice. Climate change means that the resources that land conservation transactions were intended to protect may not persist on the land protected. Options to purchase conservation easements ("OPCEs") have long played a modest but important role in conservation law practice. In the world climate change is creating, with its substantial uncertainties and shifting windows of opportunity, …