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Articles 1 - 12 of 12
Full-Text Articles in Law
The Leading Edge, V. 1, Issue 1, Fall 2009
The Leading Edge, V. 1, Issue 1, Fall 2009
The Leading Edge: the Newsletter of the University of Maryland School of Law's Leadership, Ethics and Democracy Initiative
No abstract provided.
Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz
Revelation And Idolatry: Holy Law And Holy Terror, Regina Schwartz
Faculty Working Papers
THE Book of Exodus desscribes the identity of justice and the law. Because elsewhere the gap between justice and the law is so wide -- in Christian theology when it sees the Pharisaic law as inhibiting the realization of justice; in philosophy where from Plato on, law is formal while is justice substantive; in political theory, which includes those who endorse "procedural justice" when they abandon substantive justice -- this radical biblical vision, wherein the law is justice is surely unique. This is not an understanding of the law as a series of prescriptions, the "yoke of the law" but …
The Death Of The American Trial, Robert P. Burns
The Death Of The American Trial, Robert P. Burns
Faculty Working Papers
This short essay is a summary of my assessment of the meaning of the "vanishing trial" phenomenon. It addresses the obvious question: "So what?" It first briefly reviews the evidence of the trial's decline. It then sets out the steps necessary to understand the political and social signficance of our vastly reducing the trial's importance among our modes of social ordering. The essay serves as the Introduction to a book, The Death of the American Trial, soon to be published by the University of Chicago Press.
Book Review, Jennifer L. Behrens
Book Review, Jennifer L. Behrens
Faculty Scholarship
reviewing, Charles J. Ogletree, Jr. & Austin Sarat eds., When Law Fails: Making Sense of Miscarriages of Justice, (2009)
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg
Law Faculty Scholarship
Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …
Narratives Of Oppression, Michael E. Tigar
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Nobody Expects The Spanish Inquisition: A Primer On The Use (And Abuse) Of Ex Parte Proceedings In Civil Cases, Robert Currie
Articles, Book Chapters, & Popular Press
On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is …
Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley
Knowing Law’S Limits: Comments On ‘Forgiveness: Integral To Close Relationships And Inimical To Justice?’, Kathryn Webb Bradley
Faculty Scholarship
No abstract provided.
Fare Well, Justice Kirby, Elisa Arcioni
Fare Well, Justice Kirby, Elisa Arcioni
Faculty of Law - Papers (Archive)
Who can believe it? ‘The great dissenter’, the judge with a Facebook site dedicated to him,1 the person known affectionately to his associates as ‘our Judge’, Justice Michael Kirby has reached the end of his federal judicial tenure. Justice Kirby has turned 70 and, as required by section 72 of the Constitution, must leave his office in the High Court of Australia. Analysis of the Judge’s jurisprudential influence will flow soon enough. This piece is instead a reflection on the experiences of his associates to provide some different insights, such as into the workings of his High Court chambers. Those …
Supreme Court Justices, Empathy, And Social Change: A Comment On Lani Guinier's Demosprudence Through Dissent, Linda C. Mcclain
Supreme Court Justices, Empathy, And Social Change: A Comment On Lani Guinier's Demosprudence Through Dissent, Linda C. Mcclain
Faculty Scholarship
Justice Souter's imminent retirement from the U.S. Supreme Court provides President Obama with his first opportunity for a judicial nomination to the high court. President Obama's remarks about the relevance of life experience and of empathy are sparking discussion of relevant judicial qualifications. This Essay examines Professor Lani Guinier's recent argument that dissenting justices, particularly through the use of oral dissents, may spur ordinary people to action and that such dissents may expand the range of democratic action, as part of what she and Gerald Torres call "demosprudence." That controversial decisions by the United States Supreme Court can spur dissenting …
Dispute Resolution And The Quest For Justice, Jean R. Sternlight
Dispute Resolution And The Quest For Justice, Jean R. Sternlight
Scholarly Works
During and since the 1976 Pound conference, the rise of nonlitigation approaches has sparked an intense debate as to whether negotiation, mediation, and arbitration are consistent with justice or rule of law, and whether litigation itself is sufficiently accessible to support a quest for justice. This article offers observations on questions related to this debate, including whether procedure matters, the limits of procedural reform, whether some processes are more just than others, and how procedural reforms enhance justice.
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
The Truth About Torts: Rethinking Regulatory Preemption And Its Impact On Public Health, William Buzbee, William Funk, Thomas Mcgarity, Nina A. Mendelson, Sidney Shapiro, David Vladeck, Matthew Shudtz
Other Publications
As consumers, we assume that the automobiles, pharmaceuticals, medical devices, and other products we purchase are generally safe for their intended uses. We rely on manufacturers to design and produce safe products, and we assume that federal regulators are conscientious watchdogs of the marketplace. In most instances, our assumptions are valid and we safely go about our lives. But the regulatory system is now frayed to the point that dangerous products sometimes slip through the cracks. Vioxx, Firestone/ATX tires, and toxics-laden children’s toys have endangered and harmed millions. In these cases, society depends on the state courts as a venue …