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Articles 1 - 18 of 18
Full-Text Articles in Law
Can Estate Planners And Trust Administrators Offer Help To Trust Beneficiaries Who Want To Learn To Make Positive Life Planning Decisions, Robert Whitman
Can Estate Planners And Trust Administrators Offer Help To Trust Beneficiaries Who Want To Learn To Make Positive Life Planning Decisions, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Modern Lights, Sara Bronin
Modern Lights, Sara Bronin
Faculty Articles and Papers
This Article functions as a companion to a piece, Solar Rights, recently published in the Boston University Law Review. In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rights - the rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics …
Review, Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie Levin
Review, Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie Levin
Faculty Articles and Papers
Review of Lawyers in the Dock: Learning from Attorney Disciplinary Proceedings, by Richard Abel
Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz
Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz
Faculty Articles and Papers
H. L. A. Hart’s well known attempt to show that a legal system need not satisfy moral standards to be such, and thereby to disprove the alleged thesis of natural lawyers that a wicked law is no law at all, apparently assumes the fact-value dichotomy in its most radical formulation. As part of his project, Hart advanced a putatively value-neutral analysis of legal obligation that holds distinct attraction even for those who question Hart’s broader project. My paper argues that a less extreme view of the fact-value dichotomy would have excused Hart from defending his view of legal obligation in …
Red: Racism And The American Indian, Bethany Berger
Red: Racism And The American Indian, Bethany Berger
Faculty Articles and Papers
How does racism work in American Indian law and policy? Scholarship on the subject has too often assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of White-Black racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-White interaction to argue that racism has been important in those interactions, but has worked …
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …
In Memoriam: Oliver Oldman, Richard Pomp
In Memoriam: Oliver Oldman, Richard Pomp
Faculty Articles and Papers
No abstract provided.
The Invention Of Legal Primitivism, Steven Wilf
The Invention Of Legal Primitivism, Steven Wilf
Faculty Articles and Papers
This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Faculty Articles and Papers
Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …
Guardians At The Gate: The Backgrounds, Career Paths, And Professional Development Of Private Us Immigration Lawyers, Leslie Levin
Guardians At The Gate: The Backgrounds, Career Paths, And Professional Development Of Private Us Immigration Lawyers, Leslie Levin
Faculty Articles and Papers
No abstract provided.
Upping The Ante: Collective Litigation In Latin America, Ángel Oquendo
Upping The Ante: Collective Litigation In Latin America, Ángel Oquendo
Faculty Articles and Papers
This work contends that Latin America has launched a true revolution on collective rights: moving beyond the paradigm of group entitlements, which concern a determinate — though potentially enormous — collectivity, to that of diffuse entitlements, which generally pertain to society as a whole. Latin American jurisdictions have created innovative procedural mechanisms in this area: the collective writ of protection for the realization of group rights, the popular action for the civic vindication of diffuse entitlements, and the public civil action for the official enforcement of both kinds of rights. The U.S. legal order has much to learn from a …
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Developments In Connecticut Criminal Law: 2008, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Solar Rights, Sara Bronin
Solar Rights, Sara Bronin
Faculty Articles and Papers
The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …
What Owners Want And Governments Do - Evidence From The Oregon Experiment, Bethany Berger
What Owners Want And Governments Do - Evidence From The Oregon Experiment, Bethany Berger
Faculty Articles and Papers
In 2004, Oregonians decisively approved Ballot Measure 37. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted …
Predictions & Nudges: What Behavioral Economics Has To Offer The Humanities And Vice Versa, Anne Dailey, Peter Siegelman
Predictions & Nudges: What Behavioral Economics Has To Offer The Humanities And Vice Versa, Anne Dailey, Peter Siegelman
Faculty Articles and Papers
No abstract provided.
Pro Bono Publico In A Parellel Universe: The Meaning Of Pro Bono In Solo And Small Law Firms, Leslie Levin
Pro Bono Publico In A Parellel Universe: The Meaning Of Pro Bono In Solo And Small Law Firms, Leslie Levin
Faculty Articles and Papers
The organized bar is increasingly providing pro bono legal assistance to the more than fifty million people of limited means in the United States.' In 2008, the 200 highest grossing law firms in the United States contributed a record 5.57 million hours of pro bono service to individuals and organizations that could not afford to hire lawyers. These large firms now have well-organized pro bono programs that enjoy considerable administrative support. But the lawyers in large firms (over 100 lawyers) comprise only about 16% of the lawyers in private practice. Solo and small firm (two to five) lawyers, who comprise …
Wilfulness Versus Expectation: A Promise-Based Defense Of Wilfull Breach Doctrine, Peter Siegelman, Steven Thel
Wilfulness Versus Expectation: A Promise-Based Defense Of Wilfull Breach Doctrine, Peter Siegelman, Steven Thel
Faculty Articles and Papers
Willful breach doctrine should be a major embarrassment to contract law. If the default remedy for breach is expectation damages designed to put the injured promisee in the position she would have been in if the contract had been performed, then the promisor's behavior-the reason for the breach-looks to be irrelevant in assessing damages. And yet the cases are full of references to "willful" breaches, which seem often to be treated more harshly than ordinary ones based on the promisor's bad/willful conduct. Our explanation is that willful breaches are best understood as those that should be prevented or deterred because …
Thoughts On Corrective Justice, Stephen Utz
Thoughts On Corrective Justice, Stephen Utz
Faculty Articles and Papers
No abstract provided.