Law Commons^™

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert Kagan

Robert Kagan

No abstract provided.

Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley Lubman

Stanley Lubman

No abstract provided.

Studying Contemporary Chinese Law: Limits, Possibilities And Strategy, Stanley Lubman

Stanley Lubman

No abstract provided.

Cocaine, Race, And Equal Protection, David Sklansky

David A Sklansky

No abstract provided.

Postwar Legal Scholarship On Judicial Decision Making, Jan Vetter

Jan Vetter

No abstract provided.

The European Court Of Justice: Of Institutions And Democracy, Martin Shapiro

Martin Shapiro

No abstract provided.

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

The Law And Economics Of Reverse Engineering, Pamela Samuelson, Suzanne Scotchmer

Suzanne Scotchmer

No abstract provided.

The Hearsay Rule At Work: Has It Been Abolished De Facto By Judicial Decision, Eleanor Swift

Eleanor Swift

No abstract provided.

The Fourth Amendment And Common Law, David Sklansky

David A Sklansky

No abstract provided.

Social, Cultural, And Temporal Dynamics Of The Aids Case Congregation: Early Years Of The Epidemic, Kriss Drass, Peter Gregware, Michael Musheno

Michael Musheno

The article looks at how social and cultural factors shape judicial decisions, with respect to the AIDS epidemic in the United States, with reference to the early years of the epidemic from 1983-1989. The temporal analysis of the opinions of AIDS related cases suggests the emergence of more than one AIDS case congregation, by the end of the 1980s among reported cases. The initial construction of AIDS as a gay disease mobilized gay activists, including gay rights litigators who saw up close the problems that White gay people with AIDS faced in the workplace, housing, and health care. The activists …

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.

Student's Tribute To Fritz Kessler, A, John Mcnulty

John K. McNulty

No abstract provided.

Why Have-Nots Win In The Hiv Litigation Arena: Socio-Legal Dynamics Of Extreme Cases, Jane Aiken, Michael Musheno

Michael Musheno

Focuses on extreme cases in which people with HIV (PWAs) win HIV-related disputes. Socio-legal explanation of how PWAs managed to win claims against insurance companies, government agencies and other institutional plaintiffs; Judicial preoccupation with PWAs as carriers of contagion; Shifting epidemiology of HIV in the United States.

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.

Forming Families By Law - Adoption In America Today, Joan Hollinger, Naomi Cahn

Joan Hollinger

The article focuses on the laws related to adoption in the U.S. It is stated that there is a long history in the U.S. of some children being raised by adults other than their biological parents, but legal recognition of these families was not generally available until states began enacting formal adoption laws in the mid-nineteenth century. By legitimizing a parent-child relationship between biogenetic strangers, adoption strikes some skeptics.

Special Masters In Complex Cases: Extending The Judiciary Or Reshaping Adjudication, Wayne Brazil

Wayne Brazil

No abstract provided.

Toward A Textualist Paradigm For Interpreting Emoticons, John Ehrett

John Ehrett

This Essay evaluates the dimensions of courts’ current interpretive dilemma, and subsequently sketches a possible framework for extending traditional statutory interpretation principles into this new domain. Throughout the analysis, the Essay describes the process of attaching cognizable linguistic referents to emoticons and emojis throughout as symbolical reification, and proposes a normative way forward for those tasked with deriving meaning from emoji-laden communications.

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier

Charles W. Collier

No abstract provided.

What Is The Mission Of The Catholic Law School?, Richard Garnett

Richard W Garnett

Article "What is the Mission of the Catholic Law School?" by Rick Garnett in the Irish Rover. The article is part of a talk given by Prof. Garnett.

Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas

Arthur Mitchell Fraas

This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …

The Mighty Work Of Making Nations Happy: A Response To James Davison Hunter, Patrick Brennan

Patrick McKinley Brennan

This article is an invited response to James Davison Hunter’s much-discussed book To Change the World: The Irony, Tragedy, and Possibility of Christianity in the Late Modern World (Oxford University Press, 2010). Hunter, a sociologist at UVA and a believing Protestant, claims that law’s capacity to contribute to social change is “mostly illusory” and that Christians, therefore, should practice “faithful presence” in the public square rather than seek to influence law directly. My response is that it is, in fact, law’s stunning ability to alter and limit available choices that makes it an object of deservedly fierce contest. The wild …

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …

Health Claim Regulation Of Probiotics In The Usa And The Eu: Is There A Middle Way?, Diane Hoffmann

Diane Hoffmann

In both the USA and Europe, supermarkets and pharmacies are brimming with probiotics—products containing live micro-organisms claiming they improve health. The availability of these products corresponds to a growing consumer demand for foods that improve or maintain health and wellness. The most persuasive include claims that consumption may confer health benefits. While some of these claims may have merit, others have not been substantiated. For a number of products, claims are based on insufficient research, underpowered studies, or mixed research results, yet individual consumers find that the product is of benefit to them. In attempting to regulate health claims, as …

Limited Powers In The Looking-Glass: Otiose Textualism, And An Empirical Analysis Of Other Approaches, When Activitists In Private Shopping Centers Claim State Constitutional Liberties, Richard Peltz-Steele

Richard J. Peltz-Steele

This article examines closely a narrow range of highly factually analogous cases, in which state constitutional rights are asserted despite a clear lack of entitlement to assert any federal constitutional claim. Specifically, the cases selected are those in which private persons assert a right to conduct expressive activity, including electoral activity, in private shopping centers during hours when the properties are held open to the general public. These cases may be referred to colloquially as “the mall cases.” Selected here are only those which were decided after the federal question became clear. The Article first inquires into the role of …

Cat, Cause, And Kant, Richard Peltz-Steele

Richard J. Peltz-Steele

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.

Arkansas's Public Records Retention Program: Records Retention As A Cornerstone Of Citizenship And Self-Government, Richard Peltz-Steele

Richard J. Peltz-Steele

This article first provides background, charting the scope of record retention in relation to the freedom of information, then outlining record retention through its history and development in the federal government, through its general principles and modes of practice, through a sketch of the problems that have arisen specially in the electronic era, and through an overview of its development at the state level. The article then describes the recent history of record retention law in Arkansas, up to and including the initiative enacted by the General Assembly in 2005, and the process and product of a state working group …