Law Commons^™

Fiduciary Political Theory: A Critique, Ethan Leib, Stephen Galoob

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Absurdity And Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Lawyers, Power, And Strategic Expertise, Colleen F. Shanahan, Anna Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

This empirical study analyzes what the parties and lawyers described above experience – a party’s power, representation, and the strategic expertise they bring to a dispute. These factors clarify how representation may solve the access to justice crisis for low-income Americans. We find that a representative helps most parties most of the time, but the representation on the other side of the dispute and the representative’s strategic expertise are also significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and …

Do The Property Law Principles Of A Personal "Benefit" Affecting The Runnability Of A "Burden" And The Rule Against Perpetuities Render Unenforceable Promises To Pay Money When Transferred Land Is Used For Specified Energy Activities?, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Can A Little Representation Be A Dangerous Thing?, Colleen F. Shanahan, Anna E. Carpenter, Alyx Mark

Articles, Chapters in Books and Other Contributions to Scholarly Works

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases, and …

International Intellectual Property Shelters, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Federal Anti-Sanctuary Law: A Failed Approach To Immigration And A Poor Substitute For Real Reform, Elizabeth Mccormick

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Regulating Identity: Medical Regulation As Social Control, Matt Lamkin

Articles, Chapters in Books and Other Contributions to Scholarly Works

New biomedical technologies offer growing opportunities not only to prevent and treat illnesses, but also to change how healthy people think, feel, behave, and appear to others. Controversies over these nontherapeutic practices are a pervasive feature of contemporary American culture, from students on "study drugs" and cops on steroids to skin-lightening by black celebrities and the over-prescription of antidepressants. Yet the diversity of these controversies often masks their common root-namely, disputes about the propriety of using medical technologies as tools for shaping one's identity.

Some observers believe these so-called "enhancement" practices threaten important values, offering unfair advantages to users and …

The Uncoordinated Public Domain, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Search For Meaning In The Notice Requirements Of The Fair Debt Collection Practices Act: A 30 For 30 Short, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Retelling English Sovereignty, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

Sovereign immunity is a legal fiction that forecloses the possibility of the government being hailed into court, except by its own permission. The fiction draws on narratives about kingship and realm, state and church, and property and owner that help shield the sovereign from challenges to its authority. This Article argues that sovereign immunity’s legal sources relied on relationships between king and church, king and property, and king and constitution to articulate an authority that could not be challenged by its subjects. This Article suggests that, absent other normative stories that support sovereign immunity, the doctrine remains empty of substance …

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Tort Reform And Jury Instructions, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article discusses two recent statutes and the efforts of the Oklahoma Committee on Uniform Jury Instructions (Civil OUJI Committee) to recommend uniform jury instructions based on these statutes to the Oklahoma Supreme Court. The first statute is Okla. Stat. Title 12, §577.4, which deals with an instruction to juries that awards for damages for personal injuries and wrongful death that are nontaxable. The second statute is Okla. Stat. Title 23, §61.2, which imposes a $350,000 cap on noneconomic losses for personal injuries.

Veil-Piercing’S Procedure, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith V. Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

In a series of cases beginning with its 1981 decision in Montana v. United States, the US. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian ('fee") lands within reservations. In 2001, however, the Court ruled for the first time that a tribe did not possess inherent jurisdiction over a lawsuit against state officers that arose on Indian ("trust') lands. What that decision, Nevada v. Hicks, means for general tribal authority over nonmembers on Indian …

Slavery, Property, And Marshall In The Positivist Legal Tradition, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Why Personhood Matters, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

One of the most controversial aspect of the Supreme Court's decisions in Citizens United and Hobby Lobby is its treatment of corporate personhood. Many members of the public object to the notion that corporations should have the same rights as human beings. Yet many scholars claim that this concern is misplaced. In this article I argue that concern about corporate personhood is not misplaced because the personhood metaphor conceals the degree to which there has not been an adequate justification given for extending fundamental rights to corporations. Focusing on personhood allows us to push on the metaphor to ask whether …

The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Abstention, Parity, And Treaty Rights: How Federal Courts Regulate Jurisdiction Under The Hague Convention On The Civil Aspects Of International Child Abduction, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Penalizing And Chilling An Indigent's Exercise Of The Right To Appointed Counsel For Misddemeanors, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

From the Symposium: Fifty Years of Gideon: The Past, Present, and Future of the Right to Counsel.

Evolution Of U.S. Electric Energy Regulation: From Natural Monopoly Regulation To Regulated Competition, Gary Allison

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Jerusalem In The Courts And On The Ground, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Adapting To Change In The Legal Profession, Janet Levit, Valerie K. Couch, Joseph Harroz Jr.

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

This Article critically examines the proliferation of international legal agreements addressing global health threats like the outbreak of infectious diseases, tobacco use and lack of access to affordable medicines. The conventional wisdom behind this trend is that a global normative shift has occurred which has caused states to regard health as “special” and less subject to the normal rules of international law making because health threats endanger all of humanity. This Article challenges that thesis, arguing that at the same time the number and scope of international health law treaties has grown, developed states have subordinated health law to intellectual …

Discovery Of Medical Records In Oklahoma State Courts, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Death Delayed Is Retribution Denied, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

Does death row incarceration for upwards of thirty years or more impermissibly impose the suffering of additional punishment or permissibly bestow the benefit of death delayed and thus the enjoyment of life extended? Most commentators conceive of it as an unconstitutional additional punishment that is either cruel and unusual or disproportionally excessive. Most courts construe it as a constitutional nonpunishment that the death row prisoner opts for and benefits from. Sparking a long-running debate at the Supreme Court, Justices Stevens and Breyer view prolonged death row incarceration as unconstitutional additional punishment. Terming their view as “meritless” and “a mockery of …

The Heroic Corporation And First Amendment Romanticism: A Response To Professors Redish And Neuborne, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.