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Full-Text Articles in Law
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Looking For Mr. (Or Ms.) Rights, Jack M. Beermann
Shorter Faculty Works
I am on the prowl. It’s 1 a.m. and I’ve been looking for Mr. (or Ms.) Rights all night. I’ve been hanging out in every Article of the Constitution of the United States and I have been deep into the pages of the United States Reports and the Federal Reporter. Oh, I have found plenty of negative rights, like the right to be free from cruel and unusual punishment and the right not to be twice placed in jeopardy for the same criminal act. But I need something more positive in my life. I want those things that make a …
Internalizing The Costs Of Employment Law Violations, Michael C. Harper
Internalizing The Costs Of Employment Law Violations, Michael C. Harper
Faculty Scholarship
David Weil’s new book on the fragmenting of internal labor markets in many American industries, The Fissured Workplace, should be read by all who wish to understand how the challenges to enforcing laws designed to protect American workers have become greater as the institutional structures and processes through which American businesses produce and deliver goods and services have continued to evolve. This book should be read not primarily because President Obama last year nominated Weil, a Boston University School of Management Professor, to head the Wage and Hour Division of the Department of Labor or because the book includes several …
Review Of Failing Law Schools, Richard O. Lempert
Review Of Failing Law Schools, Richard O. Lempert
Reviews
Brian Tamanaha's book Failing Law Schools is neither sociology nor a synthesis of social science research. Rather it is social commentary rooted in Tamanaha’s experience as a law professor, the literature on legal education, and barely analyzed data on law school costs and student outcomes. Tamanaha cannot be blamed for the absence of sophisticated research on matters that cry out for empirical investigation nor for having to rely on data sources that at best capture only a few bivariate relationships, but these limitations make his causal analyses and proposed solutions less than compelling. Still the book is not without its …
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong
Faculty Publications
The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …
Don't Give Up On Taxes, Linda Sugin
Don't Give Up On Taxes, Linda Sugin
Faculty Scholarship
Professor Sugin discusses professor Edward D. Kleinbard's latest book, We are Better Than This (2015, Oxford) about the fiscal system and the broader implications of progressive taxation as a policy goal.
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank
Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank
Faculty Articles and Other Publications
Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …
Book Review, Anna Spain
Backlash And Marriage Equality, Arthur S. Leonard
Backlash And Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
The Invention Of Murder: How The Victorians Revelled In Death And Detection And Created Modern Crime (Book Review), Michael S. Ariens
The Invention Of Murder: How The Victorians Revelled In Death And Detection And Created Modern Crime (Book Review), Michael S. Ariens
Faculty Articles
The Invention of Murder, by Judith Flanders, is an extraordinary achievement—an exhaustively researched history of 19th-century Great Britain written with verve. Flanders uses the conceit of murder to immerse the reader in 19th-century legal, cultural, and social history. Her depth of knowledge appears to encompass everything related to every murder during this place and time. As a legal history, the book explains a number of developments in English law. As a cultural history, the book discusses the importance in the early 19th century of broadsides, penny-bloods, illegal penny-gaffs, licensed plays, and newspapers; all centered around murder and mayhem. As a …
Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer
Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer
Scholarly Works
Paul Moreno, the Grewcock Chair in Constitutional History at Hillsdale College, sets out to explain how the natural rights constitutionalism of the Founders was replaced by an ‘entitlement-based welfare state of modern liberalism’ by the late 1930s. The book is an ‘analytic narrative’, drawing on both constitutional theory and current ‘public choice’ law and economics, and contributes to recent scholarship by libertarian-minded legal scholars, such as David Bernstein and David Mayer, among others.
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Other Publications
No abstract provided.
Against The Profit Motive: The Salary Revolution In American Government, 1780–1940 (Book Review), Michael S. Ariens
Against The Profit Motive: The Salary Revolution In American Government, 1780–1940 (Book Review), Michael S. Ariens
Faculty Articles
In Against the Profit Motive, Nicholas R. Parrillo expertly explains how and why state and federal governments moved from paying their employees fees to paying them salaries. The book offers insights into the history of government finance and administrative law, shifting dramatically in time, subject matter, and geography. The book begins with a helpful fifty-page introductory summary and then is divided into two parts, each of which considers a type of activity that generated fees for government officers: facilitative payments and bounties. Further, Against the Profit Motive illustrates, in the disparate areas of criminal law enforcement, tax collection, and naval …
The Collini Case: A Novel (Book Review), Michael S. Ariens
The Collini Case: A Novel (Book Review), Michael S. Ariens
Faculty Articles
Ferdinand von Schirach is a German criminal defense lawyer who has previously published two vivid and brilliant short story collections. His latest book, The Collini Case: A Novel, like his short stories, gives the reader telling details that offer insights into the human condition. But The Collini Case seems less interested in its characters than in teaching about the continuing stain of Germany’s past. This leads von Schirach to use stock figures who have suffered stock tragedies and who engage in stock actions. The novel is simply not realistic enough to suspend disbelief, and only barely avoids being a melodrama. …
Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens
Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens
Faculty Articles
Mismatch is one of the most important books about law and public policy published recently. The authors, Richard H. Sander and Stuart Taylor, Jr., offer a provocative and deeply researched conclusion: empirical evidence strongly suggests that affirmative action in the admission of African-Americans and Hispanics to selective colleges and law schools is more harmful than helpful.
The problem of underrepresentation of African-Americans and Hispanics in the American legal profession is a continuing problem. But the work of Richard Sander strongly indicates that relying on the power of affirmative action has generated deleterious effects for those this “solution” was designed to …
Tocqueville's Nightmare: The Administrative State Emerges In America, 1900-1940 (Book Review), Michael Ariens
Tocqueville's Nightmare: The Administrative State Emerges In America, 1900-1940 (Book Review), Michael Ariens
Faculty Articles
No abstract provided.