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Full-Text Articles in Law

Introduction, Kathryn Webb Bradley Oct 2008

Introduction, Kathryn Webb Bradley

Law and Contemporary Problems

No abstract provided.


Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler Oct 2008

Sheppard V. Maxwell Revisted—Do The Traditional Rules Work For Nontraditional Media, Gary A. Hengstler

Law and Contemporary Problems

No abstract provided.


The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers Oct 2008

The Circus Comes To Town: The Media And High-Profile Trials, David A. Sellers

Law and Contemporary Problems

No abstract provided.


Journal Staff Oct 2008

Journal Staff

Law and Contemporary Problems

No abstract provided.


Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson Oct 2008

Trial By Media: The Betrayal Of The First Amendment’S Purpose, Gavin Phillipson

Law and Contemporary Problems

No abstract provided.


The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy Oct 2008

The Prosecutor And The Press: Lessons (Not) Learned From The Mike Nifong Debacle, R. Michael Cassidy

Law and Contemporary Problems

No abstract provided.


How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler Oct 2008

How Noninstitutionalized Media Change The Relationship Between The Public And Media Coverage Of Trials, Marcy Wheeler

Law and Contemporary Problems

No abstract provided.


Back To The Future—Questions For The News Media From The Past, Loren Ghiglione Oct 2008

Back To The Future—Questions For The News Media From The Past, Loren Ghiglione

Law and Contemporary Problems

No abstract provided.


Trying Cases In The Media: A Comparative Overview, Giorgio Resta Oct 2008

Trying Cases In The Media: A Comparative Overview, Giorgio Resta

Law and Contemporary Problems

No abstract provided.


Moving Beyond Media Feast And Frenzy: Imagining Possibilities For Hyper-Resilience Arising From Scandalous Organizational Crisis, Ronald L. Dufresne, Judith A. Clair Oct 2008

Moving Beyond Media Feast And Frenzy: Imagining Possibilities For Hyper-Resilience Arising From Scandalous Organizational Crisis, Ronald L. Dufresne, Judith A. Clair

Law and Contemporary Problems

No abstract provided.


The Duke Lacrosse Case And The Blogosphere, K. C. Johnson Oct 2008

The Duke Lacrosse Case And The Blogosphere, K. C. Johnson

Law and Contemporary Problems

No abstract provided.


Race To Judgment: Stereotyping Media And Criminal Defendants, Robert M. Entman, Kimberly A. Gross Oct 2008

Race To Judgment: Stereotyping Media And Criminal Defendants, Robert M. Entman, Kimberly A. Gross

Law and Contemporary Problems

No abstract provided.


The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail Jul 2008

The Many Lives — And Faces — Of Lex Mercatoria: History As Genealogy In International Business Law, Nikitas E. Hatzimihail

Law and Contemporary Problems

It has been claimed that cross-border business transactions are governed by a transnational body of norms specific to international trade, generally known as lex mercatoria, the law merchant. This legal phenomenon is in fact often described as the new lex mercatoria, as distinguished from the ancient law merchant, which purportedly flourished in medieval and early modern Europe. Here, Hatzimihail discusses about lex mercatoria, which has been variously described by its advocates as a set of general principles and customary rules spontaneously referred to or elaborated in the framework of international trade.


Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson Jul 2008

Subjects Of Sovereignty: Indigeneity, The Revenue Rule, And Juridics Of Failed Consent, Audra Simpson

Law and Contemporary Problems

Simpson examines the way in which indigeneity and sovereignty have been conflated with savagery, lawlessness, and smuggling in recent history. The national problem of indigenous smuggling is reconstructed here as it was portrayed in the public eye, largely via the media, and then through conflict-of-laws cases concerning the interpretation and application of the revenue rule. Simpson further discusses economic activities that express indigenous cultural and historical practice and that reflect a larger set of socio-economic conditions.


Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola Jul 2008

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola

Law and Contemporary Problems

The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the court, …


The Transformation Of International Comity, Joel R. Paul Jul 2008

The Transformation Of International Comity, Joel R. Paul

Law and Contemporary Problems

No abstract provided.


Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane Jul 2008

Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane

Law and Contemporary Problems

The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …


Cultural Conflicts, Annelise Riles Jul 2008

Cultural Conflicts, Annelise Riles

Law and Contemporary Problems

Riles show how contemporary anthropological insights into the character of cultural difference and cultural fragmentation can reframe conflict-of-laws analysis in productive ways. Taking up the example of the treatment of Native American sovereignty in US courts, she argues that a theory of conflict of laws as a discipline devoted to addressing the problem of cultural conflict is more doctrinally illuminating than the mainstream view of conflict of laws as political conflict. Riles suggests that the general dissatisfaction with conflicts as a field in the United States, and its failure to live up to tits larger promise, may stem in part …


Betwixt And Between Recognition: Migrating Same-Sex Marriages And The Turn Toward The Private, Brenda Cossman Jul 2008

Betwixt And Between Recognition: Migrating Same-Sex Marriages And The Turn Toward The Private, Brenda Cossman

Law and Contemporary Problems

Cossman talks about the battery of arguments at work in doctrinal debates about the recognition of gay and lesbian marriages alongside other images of these migrating marriages in television and film and in wedding announcements in the New York Times. At a most basic level, this cultural analysis reminds people that doctrinal efforts to abstract from the substance of disputes aside, substance and, in particular, cultural and political context continue to matter in ways that are often both crucial and unappreciated in the discipline. Moreover, she shows how the intricate moves of recognition and deference that characterize technical doctrinal maneuvering …


Foreword, Karen Knop, Ralf Michaels, Annelise Riles Jul 2008

Foreword, Karen Knop, Ralf Michaels, Annelise Riles

Law and Contemporary Problems

No abstract provided.


The Interlegality Of Transnational Private Law, Robert Wai Jul 2008

The Interlegality Of Transnational Private Law, Robert Wai

Law and Contemporary Problems

No abstract provided.


Afterword, Marianne Constable Jul 2008

Afterword, Marianne Constable

Law and Contemporary Problems

No abstract provided.


Citizenship, Public And Private, Karen Knop Jul 2008

Citizenship, Public And Private, Karen Knop

Law and Contemporary Problems

Knop develops private international law as the private side of citizenship. She shows that although individuals think of citizenship as public, private international law covers some of the same ground. Private international law also harks back to a historical conception of the legal citizen as someone who could sue and be sued, and someone who belonged to a community of shared or common law that was not necessarily a territorial community. She demonstrates that Anglo-Canadian private international law has particular value as private citizenship in a post-9/11 world because its treatment of enemy aliens, illegal immigrants, and members of religious …


Journal Staff Jul 2008

Journal Staff

Law and Contemporary Problems

No abstract provided.


The Reach Of Rights: “The Foreign” And “The Private” In Conflict-Of-Laws, State-Action, And Fundamental-Rights Cases With Foreign Elements, Jacco Bomhoff Jul 2008

The Reach Of Rights: “The Foreign” And “The Private” In Conflict-Of-Laws, State-Action, And Fundamental-Rights Cases With Foreign Elements, Jacco Bomhoff

Law and Contemporary Problems

No abstract provided.


Economics Of Law As Choice Of Law, Ralf Michaels Jul 2008

Economics Of Law As Choice Of Law, Ralf Michaels

Law and Contemporary Problems

No abstract provided.


Performing Party Autonomy, Fleur Johns Jul 2008

Performing Party Autonomy, Fleur Johns

Law and Contemporary Problems

No abstract provided.


Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Research Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay Apr 2008

Toward The Next Generation Of Galanter-Influenced Scholars: The Influential Research Of A Law-And-Society Founder, Jayanth K. Krishnan, Stewart Macaulay

Law and Contemporary Problems

No abstract provided.


Practice Style And Successful Legal Mobilization, Anne Bloom Apr 2008

Practice Style And Successful Legal Mobilization, Anne Bloom

Law and Contemporary Problems

Bloom talks about the making of a great cause lawyer. Perhaps not surprisingly, dedication, strong political ties, and superb legal skills all play a role in the making of a great cause lawyer, but so does a somewhat less obvious quality, which Marc Galanter described several years ago as practice "style." However, in these case studies, it suggests that the making of a great cause lawyer depends, in part, on practice style. Put differently, how a lawyer approaches legal practice seems to matter for purposes of legal mobilization. In these cases, cause lawyers were more effective at using the law …


Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp Apr 2008

Implementing The Rights Revolution: Repeat Players And The Interpreting Of Diffuse Legal Messages, Charles R. Epp

Law and Contemporary Problems

No abstract provided.