The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, 2017 University of New Mexico
The U.S. Supreme Court And The Alvarez-Machain Cases: Recasting International Law, Sherri Burr
No abstract provided.
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, 2017 Barry University School of Law
Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon
Barry Law Review
No abstract provided.
Will Quants Rule The (Legal) World?, 2017 Brooklyn Law School
Will Quants Rule The (Legal) World?, Edward K. Cheng
The quants are coming! And they are here to stay-so argues Professor Ian Ayres' in his new book, Super Crunchers, which details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. To be sure ...
Importancia De Los Plenos Casatorios En Materia De Derechos Reales, 2017 Universidad Nacional Mayor de San Marcos
Importancia De Los Plenos Casatorios En Materia De Derechos Reales, Julio Eduardo Pozo Sánchez
Julio Eduardo Pozo Sánchez
The Empty Idea Of “Equality Of Creditors”, 2017 University of Pennsylvania Law School
The Empty Idea Of “Equality Of Creditors”, David A. Skeel Jr.
For two hundred years, the equality of creditors norm—the idea that similarly situated creditors should be treated similarly—has been widely viewed as the most important principle in American bankruptcy law, rivaled only by our commitment to a fresh start for honest but unfortunate debtors. I argue in this Article that the accolades are misplaced. Although the equality norm once was a rough proxy for legitimate concerns, such as curbing self-dealing, it no longer plays this role. Nor does it serve any other beneficial purpose.
Part I of this Article traces the historical emergence and evolution of the equality ...
Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, 2017 The Graduate Center, City University of New York
Contesting Victimhood: A Linguistic And Legal Anthropological Analysis Of Defendant Experiences In New York’S Human Trafficking Intervention Courts, Mark T. Romig
All Graduate Works by Year: Dissertations, Theses, and Capstone Projects
Human Trafficking Intervention Courts (HTICs) have been operating in New York City in an effort to connect victims of human trafficking to treatment programs. Unfortunately, the net that the courts cast was too wide and people who did not identify as victims of human trafficking were coerced into treatment programs that they did not need or want. Through textual discourse analysis and ethnographic observation, this paper explores the contestation of victimhood in HTICs by focusing on the experiences of defendants and how they are perceived by the police, judges, and other agents of the HTICs. Before entering the HTICs, defendants ...
Precedent And Speech, 2017 Notre Dame Law School
Precedent And Speech, Randy J. Kozel
Michigan Law Review
The U.S. Supreme Court has shown a notable willingness to reconsider its First Amendment precedents. In recent years, the Court has departed from its prior statements regarding the constitutional value of false speech. It has revamped its process for identifying categorical exceptions to First Amendment protection. It has changed its positions on corporate electioneering and aggregate campaign contributions. In short, it has revised the ground rules of expressive freedom in ways large and small. The Court generally describes its past decisions as enjoying a presumption of validity through the doctrine of stare decisis. This Article contends that within the ...
Contract Exposition And Formalism, 2017 Georgetown University Law Center
Contract Exposition And Formalism, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Formalism in contract law has had many defenders and many critics. What courts need, however, is an account of when formalist approaches work and when they do not. This article addresses that need by developing a general theory of the rules of contract interpretation and construction—contract “exposition.” The theory distinguishes inter alia two forms of formalism. Formalities effect legal change by virtue of their form alone, and thereby obviate interpretation. Examples from contract law include “as is”, the seal and boilerplate terms. Formalities work when parties intend their legal effects, that is, when they perform juristic acts. Plain meaning ...
Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, 2017 University of New Mexico School of Law
Que Es La Diferencia?: A Comparison Of The First Days Of A Business Reorganization Case In Mexico And The United States, Nathalie Martin
No abstract provided.
Panel Discussion: A Comparison Of Ley De Quiebras Y Suspension De Pagos With The New Ley De Concursos Mercantiles, Michael L. Owen, Nathalie Martin, Orlando Loera, Douglas A. Doetsch, Jose Maria Abascal, Luis Manuel Mejan, Stephen Kargman, Anthony Mccarthy
No abstract provided.
The Triangle Of Law And The Role Of Evidence In Class Action Litigation, 2017 University of Pennsylvania Law School
The Triangle Of Law And The Role Of Evidence In Class Action Litigation, Jonah B. Gelbach
In Tyson Foods v. Bouaphakeo, a "donning and doffing" case brought under Iowa state law incorporating the Fair Labor Standards Act's overtime pay provisions, the petitioners asked the Supreme Court to reject the use of statistical evidence in Rule 23(b)(3) class certification. To its great credit, the Court refused. In its majority opinion, the Court cited both the Federal Rules of Evidence and federal common law interpreting the FLSA. In this paper, I take a moderately deep dive into the facts of the case, and the three opinions penned by Justice Kennedy (for the Court), Chief Justice ...
The Age Of Constitutions In The Americas, 2017 Florida International University College of Law
The Age Of Constitutions In The Americas, M C. Mirow
M. C. Mirow
The late eighteenth and nineteenth centuries have been aptly called the “Age of Codifications.” The same period was also the Age of Constitutions. Although a great deal is known about the migration of prenational and transnational legal sources and ideas that led to national codes of civil and criminal law in Europe and the Americas, much less is known about similar processes on the constitutional level. Constitutional historians have been more parochial than their private law counterparts, most likely because of the relationship between constitutions and nations. In the light of independence, nations immediately needed constitutions to solidify gains and ...
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, 2017 University of Colorado Law School
Judges’ Varied Views On Textualism: The Roberts-Alito Schism And The Similar District Judge Divergence That Undercuts The Widely Assumed Textualism-Ideology Correlation, Scott A. Moss
No abstract provided.
Causing Copyright, 2017 University of Pennsylvania Law School
Causing Copyright, Shyamkrishna Balganesh
Copyright protection attaches to an original work of expression the moment it is created and fixed in a tangible medium. Yet, modern copyright law contains no viable mechanism by which to examine whether someone is causally responsible for the creation and fixation of the work. Whenever the issue of causation arises, copyright law relies on its preexisting doctrinal devices to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous considerations. This Article argues that copyright law embodies an unstated, yet distinct theory of authorial causation, which connects the element of human agency to a work ...
The Law Of Interpretation, 2017 Duke Law School
The Law Of Interpretation, William Baude, Stephen E. Sachs
How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document's meaning or a drafter's intent. Those who see language as less determinate take a more skeptical view, urging judges to make interpretive choices on policy grounds. Yet both approaches neglect the most important resource available: the already applicable rules of law.
Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped ...
Construction, Originalist Interpretation And The Complete Constitution, 2016 Selected Works
Construction, Originalist Interpretation And The Complete Constitution, Richard Kay
Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, 2016 Legal Studies & Business Ethics/Wharton University of Pennsylvania
Faultless Guilt: Toward A Relationship Based View Of Criminal Liability, Amy Sepinwall
Amy J. Sepinwall
Proportionality And Stare Decisis: Proposal For A New Structure, 2016 Boston College Law School
Proportionality And Stare Decisis: Proposal For A New Structure, Vlad Perju
Jurisprudence: Readings And Cases, 2016 St. John's University School of Law
Jurisprudence: Readings And Cases, Dr. Miriam Theresa Rooney
The Catholic Lawyer
No abstract provided.
Comment On Gardner: Duty And Right In Private Law, 2016 University of Southern California
Comment On Gardner: Duty And Right In Private Law, Gregory C. Keating
University of Southern California Legal Studies Working Paper Series
John Gardner’s From Personal Life to Private Law is a striking marriage of cultivated sensibility and analytic prowess. Professor Gardner is both acutely sensitive to the lived experience of our moral relationships and highly skilled at disentangling the threads which those relationships weave together to realize rich and distinctive forms of value. From Personal Life to Private Law pursues its thesis that there are multiple and deep connections between the ideas of duty, responsibility and reparation that lie at the center of private law and their counterparts in the relationships that figure centrally in our private lives with both ...