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6200 full-text articles. Page 1 of 145.

Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling 2016 Mitchell Hamline School of Law

Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling

Mitchell Hamline Law Review

No abstract provided.


The Device Of Fiction In Public International Law, Jean J. A. Salmon 2016 Université de Bruxelles

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


The Judge As Umpire: Ten Principles, Brett M. Kavanaugh 2016 The Catholic University of America, Columbus School of Law

The Judge As Umpire: Ten Principles, Brett M. Kavanaugh

Catholic University Law Review

In his speech, Judge Kavanaugh discusses the notion of Judges as umpires and sets forth ten principles that are vital for an impartial judiciary dedicated to the rule of law in our separation of powers system. According to Judge Kavanaugh, Judges cannot act as partisans, must follow establish rules and principles, and must strive for consistency, not only in terms of respecting precedent, but from day to day, in how they decide cases, confront issues, interpret statutes and interpret the Constitution.

Judges must also understand that their role is to apply the rules rather than remake the rules according to ...


Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski 2016 Pepperdine University

Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski

Pepperdine Law Review

With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment ...


The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck 2016 University of Michigan

The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck

Georgia Journal of International & Comparative Law

No abstract provided.


Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas 2016 University of Oslo

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived ...


The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael 2016 CUNY Graduate Center

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that describe ...


Thin Rationality Review, Jacob Gersen, Adrian Vermeule 2016 Harvard Law School

Thin Rationality Review, Jacob Gersen, Adrian Vermeule

Michigan Law Review

Under the Administrative Procedure Act, courts review and set aside agency action that is “arbitrary [and] capricious.” In a common formulation of rationality review, courts must either take a “hard look” at the rationality of agency decisionmaking, or at least ensure that agencies themselves have taken a hard look. We will propose a much less demanding and intrusive interpretation of rationality review—a thin version. Under a robust range of conditions, rational agencies have good reason to decide in a manner that is inaccurate, nonrational, or arbitrary. Although this claim is seemingly paradoxical or internally inconsistent, it simply rests on ...


Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy 2016 NYU School of Law

Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy

New York University Law and Economics Working Papers

In the Conclusion to Capital in the Twenty-First Century Thomas Piketty issues a call for a political and historical economics. Like Marx and the political economists before him, Piketty is interested in how markets work because he is interested in the rights and wrongs of institutional, especially legal, design. His is book is guided by a clear sense that economic inequality, especially inequality of wealth, raises serious prima facie problems of social justice. This essay is a critical investigation into the political morality underlying Capital in the Twenty-First Century that unravels and evaluates the different ways in which economic inequality ...


The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro 2016 NYU School of Law

The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro

New York University Law and Economics Working Papers

The last thirty years have witnessed rising income and wealth concentration among the top 0.1 percent of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism – which, in other settings, often offers significant analytic payoffs – here proves to have serious drawbacks. This paper addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality ...


Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy 2016 NYU School of Law

Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy

New York University Public Law and Legal Theory Working Papers

In the Conclusion to Capital in the Twenty-First Century Thomas Piketty issues a call for a political and historical economics. Like Marx and the political economists before him, Piketty is interested in how markets work because he is interested in the rights and wrongs of institutional, especially legal, design. His is book is guided by a clear sense that economic inequality, especially inequality of wealth, raises serious prima facie problems of social justice. This essay is a critical investigation into the political morality underlying Capital in the Twenty-First Century that unravels and evaluates the different ways in which economic inequality ...


The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro 2016 NYU School of Law

The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro

New York University Public Law and Legal Theory Working Papers

The last thirty years have witnessed rising income and wealth concentration among the top 0.1 percent of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism – which, in other settings, often offers significant analytic payoffs – here proves to have serious drawbacks. This paper addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality ...


Convocatoria En Caso De Acefalia De Junta De Propietarios, Julio Eduardo Pozo Sánchez 2016 Universidad Nacional Mayor de San Marcos

Convocatoria En Caso De Acefalia De Junta De Propietarios, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

El autor comenta el último precedente establecido por el Tribunal Registral, que plantea la posibilidad de que el presidente, cuyo mandato haya fenecido, pueda convocar a sesión de junta de propietarios con la finalidad de elegir al nuevo presidente o directiva. Según comenta el autor, esta decisión es acertada debido a que el Tribunal Registral mostraba una ausencia de regulación en este tema (el de propiedad exclusiva y propiedad común).


Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen 2016 University of St. Thomas School of Law

Kermit Gosnell And Uncle Tom's Cabin, Michael Stokes Paulsen

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


A Conversation With Former United States Attorney General Edwin Meese, Iii, Daniel D. Ehrlich 2016 University of St. Thomas, Minnesota

A Conversation With Former United States Attorney General Edwin Meese, Iii, Daniel D. Ehrlich

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Slippery Slope And Its Tendency To Result In Poor Policy Decisions, P. Casey Hall 2016 University of St. Thomas, Minnesota

The Slippery Slope And Its Tendency To Result In Poor Policy Decisions, P. Casey Hall

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Beautiful Winds Of Change: Do Bush's Recent Supreme Court Appointees Mean The End Of Face?, Mattei Radu 2016 University of St. Thomas, Minnesota

Beautiful Winds Of Change: Do Bush's Recent Supreme Court Appointees Mean The End Of Face?, Mattei Radu

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Should We Tax The Gratuitous Transfer Of Wealth?: An Introduction, James R. Repetti 2016 Boston College Law School

Should We Tax The Gratuitous Transfer Of Wealth?: An Introduction, James R. Repetti

Boston College Law Review

The estate tax was enacted because of concerns about the impact of large concentrations of dynastic wealth on the political process. As discussed in this commentary, which reviews the Symposium articles by Paul Caron, David Joulfaian, and Jennifer Bird-Pollan, recent research by political scientists supports the legitimacy of these concerns. In addition, a significant body of studies suggests that inequality has a long-term negative impact on growth. Paul Caron observes in his article that progressivity in our tax system has been decreasing and that the estate tax was 60% or higher for fifty years (1934–1983), a rate much higher ...


Jurisprudence - A Teaching Problem, Miriam T. Rooney 2016 St. John's University School of Law

Jurisprudence - A Teaching Problem, Miriam T. Rooney

The Catholic Lawyer

No abstract provided.


Government Under Law, Right Reverend Monsignor Robert J. White 2016 St. John's University School of Law

Government Under Law, Right Reverend Monsignor Robert J. White

The Catholic Lawyer

No abstract provided.


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