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Full-Text Articles in Law
Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna
Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna
Working Paper Series
Films have proven to be a useful teaching tool for a course on Comparative Law. The films serve to introduce the class to the look and feel of legal proceedings from selected foreign legal systems and to illustrate particular aspects of how these legal proceedings differ from our own. The article summarizes the results of more than 10 years of experience in using films. It will be of interest to others who teach Comparative Law and also to lawyers, judges, and students who want a video means of oriented themselves to foreign legal traditions. The article discusses the limitations of …
The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman
The Reemergence Of Restitution: Theory And Practice In The Restatement (Third) Of Restitution, Chaim Saiman
Working Paper Series
The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …
The Movement For Open Access Law, Michael W. Carroll
The Movement For Open Access Law, Michael W. Carroll
Working Paper Series
My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very …
Mental Disorders And The Law, Richard Redding
Mental Disorders And The Law, Richard Redding
Working Paper Series
This chapter provides an introduction to the major classes of mental disorder and the ways in which they are salient to selected aspects of American criminal and civil law, focusing particularly on criminal law issues.
The Devil In The Details: How Specific Should Catholic Social Thought Teaching Be? , Michele R. Pistone
The Devil In The Details: How Specific Should Catholic Social Thought Teaching Be? , Michele R. Pistone
Working Paper Series
The article explores Catholic social teaching's tradition of generality, and assesses the wisdom of, and potential for, change to a more specific orientation. The article enlightens the reader as to reasons for the traditional approach to Catholic social teaching, what might be gained by the articulation of a more concrete social teaching, the assertion that a more specific social teaching will require greater lay input, a suggestion for a possible mechanism for accomplishing this, and the benefits of greater lay input, particularly via the aforementioned mechanism. The article also makes some recommendations as to when, how, and to what degree …