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2010

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Full-Text Articles in Law

Federalizing Public Education, Thomas Kleven Jul 2015

Federalizing Public Education, Thomas Kleven

Thomas Kleven

This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various ...


Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber Mar 2015

Research Handbook On Public Choice And Public Law, Anne O'Connell, Daniel Farber

Daniel A Farber

No abstract provided.


Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell Mar 2015

Introduction: A Brief Trajectory Of Public Choice And Public Law, Daniel Farber, Anne O'Connell

Daniel A Farber

No abstract provided.


More Information, More Ripoffs: Experiments With Public And Private Information In Markets With Asymmetric Information, Bart Wilson Aug 2014

More Information, More Ripoffs: Experiments With Public And Private Information In Markets With Asymmetric Information, Bart Wilson

Bart J Wilson

No abstract provided.


The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth Aug 2014

The Ecological And Civil Mainsprings Of Property: An Experimental Economic History Of Whalers’ Rules Of Capture, Bart Wilson, Taylor Jaworski, Karl Schurter, Andrew Smyth

Bart J Wilson

This paper uses a laboratory experiment to probe the proposition that property emerges anarchically out of social custom. We test the hypothesis that whalers in the 18th and 19th century developed rules of conduct that minimized the sum of the transaction and production costs of capturing their prey, the primary implication being that different ecological conditions lead to different rules of capture. Holding everything else constant, we find that simply imposing two different types of prey is insufficient to observe two different rules of capture. Another factor is essential, namely that the members of the community are civil-minded.


Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith Aug 2014

Exchange, Theft And The Social Formation Of Property, Bart Wilson, Erik Kimbrough, Vernon Smith

Bart J Wilson

No abstract provided.


Social Preferences Aren't Preferences, Bart Wilson Aug 2014

Social Preferences Aren't Preferences, Bart Wilson

Bart J Wilson

No abstract provided.


Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith Aug 2014

Discovering Economics In The Classroom With Experimental Economics And Teh Scottish Enlightenment, Bart Wilson, Taylor Jaworski, Vernon Smith

Bart J Wilson

No abstract provided.


The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom Oct 2013

The Odyssey Of The United States Road To Torture-How Did The United States Become A Waterboarder?, Robert Bloom

Robert Bloom

United States after 9/11 decided to ignore various international laws and engaged in torture. Talk focused on how a democratic nation with high moral values could engage in such activity


History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom Oct 2013

History Of American Legal Education, With An Emphasis On Clinical Education, Robert Bloom

Robert Bloom

No abstract provided.


The Google Book Settlement And The Fair Use Counterfactual Sep 2012

The Google Book Settlement And The Fair Use Counterfactual

Matthew Sag

The sprawling Google Book litigation began as a dispute between the search engine colossus and a variety of authors and publishers over the legality of book digitization for the purpose of indexing paper collections and making them searchable. However, through the metamorphic power of class-action litigation, a dispute over mere indexing and search has been transformed into a comprehensive agreement over the future of the book as a digital commodity. Understanding this transformation and its implications is the central ambition of this Article. It does so by comparing the pending (now amended) Google Book settlement to the most likely outcome ...


Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg Sep 2012

Discourse Or Merely Noise? Regarding The Disagreement On Undocumented Migrants, Markus Gunneflo, Niklas Selberg

Niklas Selberg

Drawing on Jacques Rancière’s theorising of the political, this article analyses the disagreement on undocumented migrants in recent legislation in Sweden and within the European Union as well as in Swedish labour union practice. Both the consensus understanding of the issue of undocumented migrants and the materialisation of dissensus through the political activities of undocumented migrants are studied. The aims of the article are: firstly, to show that undocumented migrants in Sweden engage in a political struggle that is not recognised as such, to analyse the structure or conditions of possibility of this non-recognition, and finally, to analyse the ...


Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns Jun 2012

Fiduciary Accounting : Principles, Modern Applications, Illustrations, Katheleen Guzman, Mark Gillett, Kelly Bruns

Mark R Gillett

No abstract provided.


Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall Nov 2011

Environmental Law And Policy: Nature, Law And Society, Zygmunt Plater, Robert Abrams, Robert Graham, Lisa Heinzerling, David Wirth, Noah Hall

David A. Wirth

This user-friendly book - noted for its comprehensive legal process approach to the depth and complexity of modern environmental law - gives students a solid doctrinal footing in the law and helps build their analytical skills. Environmental Law and Policy: Nature, Law, and Society, Fourth Edition, uses the legal process approach, building on a base of common law and constitutional law and continuing on to statutory and administrative law, to illustrate both the structure of the law and how it works.

Among the attributes that have made this classroom-tested casebook a favorite:

coverage not only of the staples of environmental law but ...


Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom Oct 2011

Criminal Procedure: The Constitution And The Police, 6th, Mark Brodin, Robert Bloom

Robert M. Bloom

Examples & Explanations: Criminal Procedure: The Constitution and the Police, Sixth Edition, using the method that has made it such a successful resource for students, continues to present the discussion of criminal procedure in a way that mirrors the sequence of real-life events in law enforcement.


Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow Oct 2011

Lawyers And Fundamental Moral Responsibility, Daniel Coquillette, R. Michael Cassidy, Judith Mcmorrow

Judith A. McMorrow

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about ...


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Robert L. Hayman

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman Feb 2011

Foreword - In Memory Of Robert J. Lipkin, James May, Erin Daly, Robert Hayman

Erin Daly

This is a foreword to a compendium of writings by our lost friend and colleague, Bobby Lipkin, collected within a special issue of the Widener Law Review. Bobby’s constitutionalism beholds and celebrates that "no constitutional truths emanate from either politically unaccountable" courts or from paradigmatically imperfect constitutional legal theories. Rather, Bobby’s constitutionalism was participatory and justificatory: it derives from the Constitution’s republican democracy. The Constitution means what We the People allow it to mean at constitutional inflection points in our nation’s history. We miss Bobby dearly.


Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin Dec 2010

Turning Anti-Discrimination Laws On Their Head: Using Rhetoric To Attempt To Turn The Medicine Into The Illness, Todd Tolin

Law School Student Scholarship

No abstract provided.


The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr. Dec 2010

The Prophet (Peace Be Upon Him)'S Merciful Reforms In The Conduct Of War: The Prohibited Acts, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper argues that Islam introduced far reaching reforms to warfare; that the conduct of the Prophet (peace be upon him) and his successors does not to allow the burning and drowning of enemy to death. Destroying buildings, cutting down trees, committing perfidy, breaching the trust of the enemy, the killing of women, children, servants, old, infirm, sick, wounded, priests, peasants, prisoners of warand envoys is strictly against the teachings of the Prophet (peace be upon him) or his successors. The destruction of harvest, livestock and forests, looting, plundering and corruption from the war booty and indiscipline are prohibited as ...


All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen Dec 2010

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Chris Jenks, Eric Talbot Jensen

Faculty Scholarship

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq. This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the ...


A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman Dec 2010

A Conversation With Chief Judge Jonathan Lippman, Jonathan Lippman

City University of New York Law Review

Dean Michelle Anderson welcomed New York Court of Appeals Chief Judge Jonathan Lippman to the City University of New York School of Law on February 3, 2011 to discuss his vision of what fully-realized justice for poor people can look like in the state of New York. The Chief Judge was introduced, first, by CUNY Law Review Editor-in-Chief Natasha Lycia Ora Bannan who commended him for his commitment to fully-funded legal services. The Chief Judge was then introduced by Dean Michelle Anderson who lauded him for his leadership with the Launch Pad for Justice Program, and Professor Natalie Gomez-Velez who ...


Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade Dec 2010

Law Reform And Transformative Change: A Panel At Cuny Law, Rikke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, Dean Spade

City University of New York Law Review

A panel discussion with Rickke Mananzala, Soniya Munshi, Nadia Qurashi, Elana Redfield, and Dean Spade. April 1, 2010


Front Matter Dec 2010

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2010

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2010

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Dec 2010

Front Matter

City University of New York Law Review

No abstract provided.


Introduction To The Cuny Law Review Dec 2010

Introduction To The Cuny Law Review

City University of New York Law Review

No abstract provided.


Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main Dec 2010

Promoting Self-Sufficiency? How Hra's Exclusion Of Incarceration From The Definition Of "Temporary Absence" Contradicts Statutory Mandates And Hurts New York Families, Matthew P. Main

City University of New York Law Review

The New York City Human Resources Administration has implemented a policy that has a punitive and disproportionate impact on poor families of color. The policy departs from the legislative mandate to support New York’s neediest and most at risk by arbitrarily excluding incarceration from the definition of “temporary absence,” as it applies to the Cash Assistance program. Aside from the discriminatory impact on poor children and families, the policy decision comes at a higher cost to New York taxpayers in the midst of a financial crisis. This Comment evaluates the legal flaws in the policy, the persons it targets ...


Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry Dec 2010

Suspect Fits Description: Responses To Racial Profiling In New York City, Darius Charney, Jesus Gonzalez, David M. Kennedy, Noel Leader, Robert Perry

City University of New York Law Review

A panel discussion with Darius Charney, Jesus Gonzalez, David Kennedy, Noel Leader, and Robert Perry. September 29, 2010