Law Commons^™

Property As Prophesy: Legal Realism And The Indeterminancy Of Ownership, John Humbach

Case Western Reserve Journal of International Law

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …

Due Process In The American Identity, Cassandra Burke Robertson

Faculty Publications

In the last four years, public opinion polls have found an increasingly high level of public support for the methods applied in the war on terror. A significant majority of the population now expresses support for targeted killing through drone strikes and for the indefinite detention of suspected terrorists at Guantánamo Bay. While there are undoubtedly many dynamics at play in the public's changing views of national security and due process, this Article examines one piece of the puzzle: how the concept of due process fits within the structure of the American identity.

This Article examines due process and national …

Rules, Standards, And The Internal Point Of View, Dale A. Nance

Faculty Publications

The general thrust of the present discussion is that, in addition to its contribution to economizing on enforcement costs, there is a connection between the internal point of view and the aspiration to republican self-government: the greater the incidence of the former, the greater the achievement of the latter, ceteris paribus. This fact imbues the notion of a healthy legal system with a crucially normative component that goes beyond, and need not be inconsistent with, efficient social organization.

Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison

Case Western Reserve Law Review

No abstract provided.

Is There A Place For Race As A Legal Concept, Sharona Hoffman

Faculty Publications

What does "race" mean? The word "race" is omnipresent in American social, political, and legal discourse. The concept of "race" is central to contemporary debate about affirmative action, racial profiling, hate crimes, health inequities, and many other issues. Nevertheless, the best research in genetics, medicine, and the social sciences reveals that the concept of "race" is elusive and has no reliable definition.

This article argues that "race" is an unnecessary and potentially pernicious concept. As evidenced by the history of slavery, segregation, the Holocaust, and other human tragedies, the idea of "race" can perpetuate prejudices and misconceptions and serve as …

Locke As The Key: A Unifying And Coherent Theory Of In Personam Jurisdiction, Richard B. Cappalli

Case Western Reserve Law Review

No abstract provided.

Brain Studies And Legal Scholarship, Peter D. Junger

Case Western Reserve Law Review

No abstract provided.

Judicial Input Into Policy Formulation: Case-Scenario Analysis And Educational Policymaking, Susan W. Brecher

Case Western Reserve Law Review

No abstract provided.

The Jurisprudence Of Interests As A Method Of Constitutional Adjudication, Chester James Antieau

Case Western Reserve Law Review

No abstract provided.

Major Functions Of Law In Modern Society Featured, David A. Funk

Case Western Reserve Law Review

No abstract provided.

The Sociology Of Soviet Law: The Heuristic And "Parental" Functions, James L. Hildebrand

Case Western Reserve Law Review

No abstract provided.

Systems Theory And Judicial Behavioralism, Ovid C. Lewis

Case Western Reserve Law Review

No abstract provided.

Science Challenges The Law- Introduction, Oliver Schroeder Jr.

Case Western Reserve Law Review

No abstract provided.

Ehrlich's Living Law Revisited--Further Vindication For A Prophet Without Honor, James F. O'Day

Case Western Reserve Law Review

No abstract provided.

Parry And Riposte To Gregor's The Law, Social Science, And School Segregation: An Assessment, Ovid C. Lewis

Case Western Reserve Law Review

No abstract provided.

The Law And Social Science: A Reply To O. C. Lewis, A. James Gregor

Case Western Reserve Law Review

No abstract provided.

The Law, Social Science, And School Segregation: An Assessment, A. James Gregor

Case Western Reserve Law Review

No abstract provided.

Language Of Law, A Symposium --Preface, Walter Probert

Case Western Reserve Law Review

No abstract provided.

Jurisprudence Is Practical, Reginald Parker

Case Western Reserve Law Review

No abstract provided.