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Articles 1 - 30 of 100
Full-Text Articles in Law
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Testamentary Incorrectness: A Review Essay, Paul D. Carrington
Buffalo Law Review
No abstract provided.
"The Refurbishing": Reflections Upon Law And Justice Among The Stages Of Life, Richard O. Brooks
"The Refurbishing": Reflections Upon Law And Justice Among The Stages Of Life, Richard O. Brooks
Buffalo Law Review
No abstract provided.
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Can Direct Democracy Be Made Deliberative, Ethan J. Leib
Buffalo Law Review
No abstract provided.
Belief: An Essay In Understanding, Shubha Ghosh
Belief: An Essay In Understanding, Shubha Ghosh
Buffalo Law Review
No abstract provided.
"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos
"Eggshell" Victims, Private Precautions, And The Societal Benefits Of Shifting Crime, Robert A. Mikos
Michigan Law Review
Individuals spend billions of dollars every year on precautions to protect themselves from crime. Yet the legal academy has criticized many private precautions because they merely shift crime onto other, less guarded citizens, rather than reduce crime. The conventional wisdom likens such precaution-taking to rent-seeking: citizens spend resources to shift crime losses onto other victims, without reducing the size of those losses to society. The result is an unambiguous reduction in social welfare. This Article argues that the conventional wisdom is flawed because it overlooks how the law systematically understates the harms suffered by some victims of crime, first, by …
Democracy Means That The People Make The Law, Gerald Torres
Democracy Means That The People Make The Law, Gerald Torres
New England Journal of Public Policy
Gerald Torres delivered the Robert C. Wood lecture at the McCormack Graduate School of Policy Studies at University of Massachusetts Boston in 2006. This is his talk.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.
Vanderbilt Law Review
In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …
Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.
Sexually Violent Predator Legislation And The Sexual Psychopath Act: Will New York "Police" Their Sexual Predators Via Civil Commitment?, Stephanie M. Adduci, M.A.
Journal of Race, Gender, and Ethnicity
No abstract provided.
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson
University of Richmond Law Review
No abstract provided.
Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias
Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias
University of Richmond Law Review
Nearly a quarter century ago, the states of the Chesapeake Bay region entered a compact by which they meant to improve the declining environmental quality of this national treasure. Concerned about the Bay's accelerating degradation, these jurisdictions hoped that the agreement would enhance the situation or at least stop the deterioration. Ten years after that accord's consummation, Tom Horton evaluated whether progress had been achieved in improving the Bay's environmental health. The writer determined that the answer was inconclusive. When a second decade had passed since the compact's adoption, Horton decided that he would conduct another examination to determine what …
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
Facing Evil, Joseph E. Kennedy
Facing Evil, Joseph E. Kennedy
Michigan Law Review
It is no earthshaking news that the American public has become fascinated- some would say obsessed-with crime over the last few decades. Moreover, this fascination has translated into a potent political force that has remade the world of criminal justice. Up through the middle of the 1960s crime was not something about which politicians had much to say. What was there to say? "Crime is bad." "We do what we can about crime." "Crime will always be with us at one level or another." Only a hermit could have missed the transformation of crime over the last couple of decades …
What Nobody Knows, John C. P. Goldberg
What Nobody Knows, John C. P. Goldberg
Michigan Law Review
By meditating on displays of cunning in literature, history, and current events, Don Herzog in his new book isolates and probes difficult puzzles concerning how to understand and evaluate human conduct. The point of the exercise is not to offer a system or framework for resolving these puzzles. Quite the opposite, Cunning aims to discomfit its academic audience in two ways. First, it sets out to show that some of the central dichotomies of modem thought-those between means and ends, reason and desire, self-interest and morality, fact and value, virtue and vice, knowledge and politics, authenticity and artifice, and appearance …
Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton
Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton
Michigan Law Review
What would you think of a government that engaged in this list of tyrannical activities: tortured children for lying; designed its prison specifically to suck all life and hope out of the inmates; placed citizens in that prison without a hearing; ordered the death penalty without a trial; allowed the powerful, rich, or famous to control policy; selectively prosecuted crimes (the powerful. go unpunished and the unpopular face trumped-up charges); conducted criminal trials without defense counsel; used truth serum to force confessions; maintained constant surveillance over all citizens; offered no elections and no democratic lawmaking process; and controlled the press? …
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
University of Richmond Law Review
No abstract provided.
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
Love Doesn't Pay: The Fiction Of Marriage Rights In The Workplace, James A. Sonne
University of Richmond Law Review
No abstract provided.
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
Race, Media Consolidation, And Online Content: The Lack Of Substitutes Available To Media Consumers Of Color, Leonard M. Baynes
University of Michigan Journal of Law Reform
In its 2003 media ownership proceedings, the FCC relied on the existence of the Internet to provide justification for radically relaxing the FCC ownership rules. These rules limited the national audience reach of the broadcast licensees and the cross-ownership of different media properties by broadcasters and newspapers. In relaxing these rules, the FCC failed to recognize that a media submarket for African Americans and Latinos/as existed. This separate market is evidenced by the different television viewing habits of African Americans and Latinos/as as compared to Whites and Billboard magazine's delineation of R&B/urban music radio stations as a separate radio station …
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Michigan Journal of International Law
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
The Law And The Non-Law, Katharina Pistor
The Law And The Non-Law, Katharina Pistor
Michigan Journal of International Law
This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
Michigan Journal of International Law
This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman
NYLS Law Review
No abstract provided.
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
NYLS Law Review
No abstract provided.
The Making Of A Constitution In Afghanistan, J. Alexander Thier
The Making Of A Constitution In Afghanistan, J. Alexander Thier
NYLS Law Review
No abstract provided.
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
NYLS Law Review
No abstract provided.
Spotlight On Michael Nava: Writing The Wrongs For All, María Lucero Ortiz
Spotlight On Michael Nava: Writing The Wrongs For All, María Lucero Ortiz
The Modern American
No abstract provided.
Criticizing Criticism Of Criticism: A Lesson In Objectivity From Reviewing "Is The Radical Critique Of Merit Anti-Semetic?", David Dae Hoon Kim
Criticizing Criticism Of Criticism: A Lesson In Objectivity From Reviewing "Is The Radical Critique Of Merit Anti-Semetic?", David Dae Hoon Kim
The Modern American
No abstract provided.
Volume 2, Issue 1, The Modern American
Legislative Updates, Eriade Hunter
Foreward, Sherry Weaver
Volume 2, Issue 2, The Modern American