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Articles 1 - 16 of 16
Full-Text Articles in Rule of Law
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
When The Restatement Is Not A Restatement: The Curious Case Of The "Flagrant Trespasser", David Logan
Law Faculty Scholarship
No abstract provided.
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Studio for Law and Culture
The evolution of the US justice system has been predominantly parsed as the rule of law and Atlantic crossings. This essay considers courts that ignored, disregarded, and opposed the law as the United States expanded across the Pacific. I track Progressive home rule enthusiasts who experimented with equity in Chicago and the Philippines, a former Spanish colony. Home rule was imbued with double meaning, signifying local self-governance and the parental governance of domestic dependents. Spanish and Anglo American courts have historically invoked equity, a Roman canonical heritage, to more effectively administer domestic dependents and others deemed lacking in full legal …
War As Metaphor And The Rule Of Law In Crisis: The Lessons We Should Have Learned From The War On Drugs, Susan Stuart
War As Metaphor And The Rule Of Law In Crisis: The Lessons We Should Have Learned From The War On Drugs, Susan Stuart
Law Faculty Publications
No abstract provided.
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Rule Of Law In Haiti Before And After The 2010 Earthquake, James D. Wilets, Camilo Espinosa
Faculty Scholarship
No abstract provided.
The Rule Of Law As A Law Of Standards, Jamal Greene
The Rule Of Law As A Law Of Standards, Jamal Greene
Faculty Scholarship
Justice Antonin Scalia titled his 1989 Oliver Wendell Holmes Lecture at Harvard Law School The Rule of Law as a Law of Rules. The lecture posed the sort of dichotomy that has become a familiar feature of Justice Scalia's jurisprudence and of his general approach to judging. On one hand are judges who recognize that the only legitimate means by which they may adjudicate cases in a democracy is to seek to do so through rules of general application. On the other hand are those judges who generally prefer to adopt an all-things considered balancing approach to adjudication. This latter …
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Profiling Originalism, Jamal Greene, Nathaniel Persily, Stephen Ansolabehere
Faculty Scholarship
Originalism is a subject of both legal and political discourse, invoked not just in law review scholarship but also in popular media and public discussion. This Essay presents the first empirical study of public attitudes about originalism. The study analyzes original and existing survey data in order to better understand the demographic characteristics, legal views, political orientation, and cultural profile of those who self-identfy as originalists. We conclude that rule of law concerns, support for politically conservative issue positions, and a cultural orientation toward moral traditionalism and libertarianism are all significant predictors of an individual preference for originalism. Our analysis …
The Limits Of Process, Robin West
The Limits Of Process, Robin West
Georgetown Law Faculty Publications and Other Works
This article presents four major objections to Jeremy Waldron’s claim that for “Rule of Law” to exist it we must move beyond basic formal requirements that laws be general and knowable rules we can all comply with, towards substantive requirements that when the law imposes its censorial and punitive will upon us, it is applied in a way that acknowledges our intelligence and respects our individual dignity. After challenging Waldron’s claim, the author suggests that if Rule of Law theorizing is intended to capture our ideals of law, then the three paradigms of Rule of Law scholarship that Waldron has …
Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg
Promoting Social Justice Values And Reflective Legal Practice In Chinese Law Schools, Brian K. Landsberg
McGeorge School of Law Scholarly Articles
No abstract provided.
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Those Who Ignore The Successes Of The Past Suffer Recurrent, Intensifying Crises, William K. Black
Faculty Works
No abstract provided.
An Expectation Of Empathy, Steve Leben
Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
The Human Element: The Impact Of Regional Trade Agreements On The Human Rights And The Rule Of Law, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
Faculty Scholarship
No abstract provided.
Knowledge Curation, Michael J. Madison
Knowledge Curation, Michael J. Madison
Articles
This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types …
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Beyond Invention: Patent As Knowledge Law, Michael J. Madison
Articles
The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from …
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand
Articles
This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …