Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2006

Journal Articles

Discipline
Institution
Keyword

Articles 1 - 30 of 161

Full-Text Articles in Law

Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone Dec 2006

Civil Liberties V. National Security In The Law's Open Areas, Geoffrey R. Stone

Journal Articles

No abstract provided.


'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz Nov 2006

'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz

Journal Articles

This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards ...


Gendering The Gentrification Of Public Housing: Hope Vi's Disparate Impact On Lowest-Income African American Women, Danielle Pelfrey Duryea Oct 2006

Gendering The Gentrification Of Public Housing: Hope Vi's Disparate Impact On Lowest-Income African American Women, Danielle Pelfrey Duryea

Journal Articles

No abstract provided.


Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman Oct 2006

Cali Lessons In Legal Research Courses: Alternatives To Reading About Research, Elizabeth G. Adelman

Journal Articles

No abstract provided.


The Law Of Other States, Eric A. Posner, Cass R. Sunstein Oct 2006

The Law Of Other States, Eric A. Posner, Cass R. Sunstein

Journal Articles

The question of whether courts should consult the laws of "other states" has produced intense controversy. But in some ways, this practice is entirely routine; within the United States, state courts regularly consult the decisions of other state courts in deciding on the common law, the interpretation of statutory law, and even the meaning of state constitutions. A formal argument in defense of such consultation stems from the Condorcet Jury Theorem, which says that under certain conditions, a widespread belief accepted by a number of independent actors, is highly likely to be correct. It follows that if a large majority ...


Information Asymmetries And The Rights To Exclude, Lior Strahilevitz Aug 2006

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

Journal Articles

No abstract provided.


Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook Jul 2006

Theorizing The Diffusion Of Law: Conceptual Difficulties, Unstable Imaginations, And The Effort To Think Gracefully Nonetheless, David A. Westbrook

Journal Articles

No abstract provided.


The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls Jul 2006

The Law Of Implicit Bias, Cass R. Sunstein, Christine Jolls

Journal Articles

Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing ...


My God, My Choice: The Mature Minor Doctrine And Adolescent Refusal Of Life-Saving Or Sustaining Medical Treatment Based Upon Religious Beliefs, Jonathan Will Apr 2006

My God, My Choice: The Mature Minor Doctrine And Adolescent Refusal Of Life-Saving Or Sustaining Medical Treatment Based Upon Religious Beliefs, Jonathan Will

Journal Articles

No abstract provided.


Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner Mar 2006

Reasoning By Analogy (Reviewing Lloyd L. Weinreb, Legal Reason: The Use Of Analogy In Legal Argument (2005)), Richard A. Posner

Journal Articles

No abstract provided.


Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner Mar 2006

Legal Reason: The Use Of Analogy In Legal Argument, Richard A. Posner

Journal Articles

No abstract provided.


The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger Feb 2006

The Administrative Law Of Global Private-Public Regulation: The Case Of Forestry, Errol E. Meidinger

Journal Articles

An important ensemble of transnational, transgovernmental regulatory institutions has emerged in the forestry sector over the past decade. These forest certification programmes set global standards for proper forest management and apply them through institutionalized licensing and inspection programmes. Similar programmes are appearing in other sectors. Developed largely by environmental NGOs and industry associations rather than governments, forest certification programmes are nominally voluntary, but are becoming increasingly mandatory in practice. They are also gradually linking with government regulatory and management programmes in various ways, while remaining in tension both with each other and with government programmes. The overall regulatory system is ...


Misfearing: A Reply, Cass R. Sunstein Feb 2006

Misfearing: A Reply, Cass R. Sunstein

Journal Articles

No abstract provided.


Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll Feb 2006

Examining A Comparative Law Myth: Two Hundred Years Of Riparian Misconception, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine - and to debunk - some of the myths that persist about the degree to which the common and civil law systems differ. Specifically, the article questions the validity of recent scholarly commentary suggesting that the primary differences between the systems can be found in their substantive legal rules or in their respective "spirits." A relatively narrow issue of riparian access perfectly highlights the problem. Nearly all of the high courts in the United States that have examined this particular riparian issue have chosen to adopt either the so-called "common ...


The History Of Slave Marriage In The United States, Darlene Goring Jan 2006

The History Of Slave Marriage In The United States, Darlene Goring

Journal Articles

No abstract provided.


Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung Jan 2006

Climate Change And Animals Responses To Global Warming: The Law, Economics, And Science Of Climate Change, Cass R. Sunstein, Wayne Hsiung

Journal Articles

Climate change is already having adverse eeds on animal life, and those effects are likely to prove devastating in the future. Nonetheless, the relevant harms to animals have yet to become a serious part of the analysis of climate change policy. Even if animals and species are valued solely by reference to human preferences, consideration of animal welfare dramatically increases the argument for aggressive responses to climate change. We estimate that, even under conservative assumptions about valuation, losses to nonhuman life might run into the hundreds of billions of dollars annually. Whatever the precise figure, the general conclusion is clear ...


Redefining Open Access For The Legal Information Market, James G. Milles Jan 2006

Redefining Open Access For The Legal Information Market, James G. Milles

Journal Articles

The open access movement in legal scholarship, inasmuch as it is driven within the law library community over concerns about the rising cost of legal information, fails to address - and in fact diverts resources from - the real problem facing law libraries today: the soaring costs of nonscholarly, commercially published, practitioner-oriented legal publications. The current system of legal scholarly publishing - in student-edited journals and without meaningful peer review - does not face the pressures to increase prices common in the science and health disciplines. One solution to this problem is for law schools to redirect some of their resources - intellectual capital, reputation ...


An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero Jan 2006

An Other Christian Perspective On Lawrence V. Texas, Victor C. Romero

Journal Articles

The so-called Religious Right's reaction to Lawrence v. Texas has been both powerful and negative, characterizing the case as an assault on the traditional conception of marriage and family life. This essay is an attempt to present a different Christian view. Modeled on the life and teachings of Jesus, this perspective celebrates the Lawrence case as consistent with God's call to social justice for the oppressed. It also outlines a Christian sexual ethic that lifts up genuine, monogamous, committed love between two individuals, whether of the same or opposite sex.


Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis Jan 2006

Overruling The Jury: Duncan V. Gmc And Appellate Treatment Of Hostile Work Environment Judgments, Dara Purvis

Journal Articles

In 2002, the Eighth Circuit reversed a one million dollar jury award to the plaintiff in a sexual harassment suit against General Motors Corporation. This reversal demonstrates the danger of appellate review of such verdicts, limiting sexual harassment verdicts to the lowest common denominator in that circuit.


Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo Jan 2006

Europe's Thirteenth Directive And U.S. Takeover Regulation: Regulatory Means And Political Economic Ends, Marco Ventoruzzo

Journal Articles

Cross-border acquisitions, especially through hostile takeovers, represent one of the most dramatic consequences of the growing integration, both within Europe, and when considering the economic balance of power between the US and the European industries. This Article focuses on the single most important piece of legislation on European takeover law, the Thirteenth Directive of the European Union on Takeover Regulation, which was approved on April, 21 2004 and must be implemented by Member States before the end of 2006.

Passage of the Thirteenth Directive is no minor event. Earlier versions were embroiled in arresting political controversies that generated significant Member ...


International Rule Of Law And The Market Economy - An Outline, Samuel Bufford Jan 2006

International Rule Of Law And The Market Economy - An Outline, Samuel Bufford

Journal Articles

Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in ...


International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford Jan 2006

International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford

Journal Articles

The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.

This Article begins with a detailed examination of the two principal cases where ...


Trade Special Issue: Foreword, Meredith Kolsky Lewis Jan 2006

Trade Special Issue: Foreword, Meredith Kolsky Lewis

Journal Articles

No abstract provided.


Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly Jan 2006

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.


Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish Jan 2006

Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish

Journal Articles

In their 2005 law review article Less as More: Rethinking Supranational Litigation of Economic and Social Rights in the Americas, James Cavallaro and Emily Schaffer argue for a "rethinking" of strategies to advance economic, social and cultural rights in the Americas. They posit that to achieve higher rates of real-world protection for such rights, social rights advocates should do two things: first, bring less litigation and, second, frame any marginal litigation that is pursued as violations of classic civil and political rights. According to the authors, this recommended course will increase the "legitimacy" of the litigation and lead to higher ...


Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone Jan 2006

Fahrenheit 451on Cell Block D: A Bar Examination To Safeguard America’S Jailhouse Lawyers From The Post-Lewis Blaze Consuming Their Law Libraries, Evan R. Seamone

Journal Articles

No abstract provided.


From An Act Of God To The Failure Of Man: Hurricane Katrina And The Economic Recovery Of New Orleans, Wendy B. Scott Jan 2006

From An Act Of God To The Failure Of Man: Hurricane Katrina And The Economic Recovery Of New Orleans, Wendy B. Scott

Journal Articles

No abstract provided.


Law School Faculty As Mentors, Jim Rosenblatt Jan 2006

Law School Faculty As Mentors, Jim Rosenblatt

Journal Articles

Professors see potential in our students that they do not see themselves. Based on his or her knowledge of the student and his or her awareness of student performance in the classroom and on examinations, a professor might suggest a career path, an intern opportunity, a research topic, an advanced degree, or a job contact that the student had not considered through the "door opening" process by which the professor opens doors and helps the law student see what is behind that door. Without this mentoring assistance that door may never have been opened by the student left to her ...


Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda Jan 2006

Seeking Different Treatment, Or Seeking The Same Regard: Remarketing The Transracial Adoption Debate, Angela Mae Kupenda

Journal Articles

The transracial adoption discourse mistakenly has been phrased as a request for black children awaiting adoption to be treated different from white children and to be placed with parents of like race only. This paper urges a remarketing of the transracial adoption debate to reflect a request based on sameness, not difference. The request presented here is not a request for different treatment for black children. Rather, it is for black children to be given the same regard that is given to white children. This request is illustrated with the story of a black couple seeking to adopt healthy, fat ...


Book Review, Deborah Challener Jan 2006

Book Review, Deborah Challener

Journal Articles

COURTIERS OF THE MARBLE PALACE is a compelling, informative book. As much as anything, it is a tremendous informational source for anyone interested in the Supreme Court. It is evident that the author has thoroughly researched the topic and provided the reader with a factual view of the past and present responsibilities of a Supreme Court law clerk. Because Peppers relies on principal-agent theory to develop his hypotheses and used exhaustive research to prove them, the book also appears to be objective.