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Articles 1 - 23 of 23
Full-Text Articles in Other Law
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Rejecting Sovereign Immunity In Public Law Litigation, Howard M. Wasserman
Faculty Publications
No abstract provided.
A Comment On Commas, Erik M. Jensen
A Comment On Commas, Erik M. Jensen
Faculty Publications
This article aims to get some respect for the underappreciated comma, using a New York Times book review to illustrate how misplaced punctuation can turn sense into nonsense.
Foreword: Presidential Power And Foreign Affairs, Michael P. Scharf, Brittany E. Pizor
Foreword: Presidential Power And Foreign Affairs, Michael P. Scharf, Brittany E. Pizor
Faculty Publications
Foreword for the Wolf Family Foundation, Case Western Reserve's Frederick K. Cox International Law Center, the International Association of Penal Law (American National Section), the American Society of International Law, the International Law Association (American Branch), and the Public International Law and Policy Group conference Presidential Power and Foreign Affairs, Cleveland, OH, September 2012.
The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman
The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman
Faculty Publications
No abstract provided.
Prepositions In The Constitution, Erik M. Jensen
Prepositions In The Constitution, Erik M. Jensen
Faculty Publications
To defend the proposition that prepositions matter, this article examines the "of" in the phrase "duties of tonnage" and the "on" in "taxes on incomes."
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Civil Rights And Federal Courts: Creating A Two-Course Sequence, Howard M. Wasserman
Faculty Publications
No abstract provided.
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Iqbal, Procedural Mismatches, And Civil Rights Litigation, Howard M. Wasserman
Faculty Publications
Understanding the twin pleading cases of Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal from the vantage point of only a few months (or even years) requires as much prediction as explanation. Early confusion is a product of the long-heralded link between substance and procedure. What we are seeing now may be less about Court-imposed changes to procedure as about changes to substantive law and a "mismatch " between new substance and the old procedure of the Federal Rules. Much of the current business of federal courts involves constitutional litigation under 42 U.S. C. §S 1983 and Bivens, …
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Institutional Pluralism From The Standpoint Of Its Victims: Calling The Question On Indiscriminate (In)Tolerance, Jose M. Gabilondo
Faculty Publications
Borrowing from postmodernity, new Right intellectuals have become adept at plucking core terms from the liberal register, stripping away their history and social context, and making them do the conceptual work of backlash. A recent example is the theme of the 2009 annual meeting of the AALS: institutional pluralism. The phrase has a surface resemblance to traditional liberal values but, in truth, acts as a Trojan horse for discrimination projects that many may find troubling. By putting the phrase in its social context, this essay reveals the ideological interests at work in the idea.
The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen
The Intellectual History Of The Shortest Article In Law Review History, Erik M. Jensen
Faculty Publications
"The Shortest Article in Law Review History" appeared in 2 to a mixture of acclaim ("Brilliant!"), horror ("Don't you have anything better not to do?"), and indifference ("Huh?"). Since then, many have asked how the article came into being and what its effect on legal scholarship has been. (Well, the author's mother and sister did once raise those questions, or one of them anyway.) This new article provides readers with just about everything needed to understand a twenty-first century development in the life of the mind.
Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen
Under The Robes: A Judicial Right To Bare Arms (And Legs And . . .), Erik M. Jensen
Faculty Publications
This essay considers a time-dishonored question: What, if anything, do judges have on under their robes? After serious research and thought, the author concludes that judges are-or, in an economically rational world, should be-minimalists.
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo
Faculty Publications
No abstract provided.
Law School Attire: A Call For A Uniform Uniform Code, Erik M. Jensen
Law School Attire: A Call For A Uniform Uniform Code, Erik M. Jensen
Faculty Publications
Law professors dress scruffily, and we need to do something about that.
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Bartnicki As Lochner: Some Thoughts On First Amendment Lochnerism, Howard M. Wasserman
Faculty Publications
No abstract provided.
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Faculty Publications
No abstract provided.
The Fourteenth Rule, R. Lawrence Dessem
The Fourteenth Rule, R. Lawrence Dessem
Faculty Publications
Thirteen Rules for Taking Law Exams is vintage Phillips perhaps most significantly because of its wit. Rather than writing his essay in a straightforward manner, Professor Phillips satirized the common mistakes that are so prevalent in law school examination answers. Professor Phillips' first rule (“never spell correctly any word which is central to the content of the course”) is, in part, justified because such errors “weaken the teacher's resistance so that he will more readily accept greater errors to come.
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo
Faculty Publications
No abstract provided.
The Trouble With Shadow Government, Howard M. Wasserman
The Trouble With Shadow Government, Howard M. Wasserman
Faculty Publications
No abstract provided.
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Civil Rights Plaintiffs And John Doe Defendants: A Study In § 1983 Procedure, Howard M. Wasserman
Faculty Publications
No abstract provided.
Structural Principles And Presidential Succession, Howard M. Wasserman
Structural Principles And Presidential Succession, Howard M. Wasserman
Faculty Publications
No abstract provided.
A Symposium Précis, Thomas E. Baker
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno
Faculty Publications
No abstract provided.