Use Your Words: On The "Speech" In "Freedom Of Speech", 2018 University of Virginia
Use Your Words: On The "Speech" In "Freedom Of Speech", Leslie Kendrick
Michigan Law Review
Freedom of speech occupies a special place in American society. But what counts as “speech” is a contentious issue. In countless cases, courts struggle to distinguish highly protected speech from easily regulated economic activity. Skeptics view this struggle as evidence that speech is, in fact, not distinguishable from other forms of activity.
This Article refutes that view. It argues that speech is indeed distinct from other forms of activity, and that even accounts that deny this distinction actually admit it. It then argues that the features that make speech distinctive as a phenomenon also make it distinctive as a normative ...
Minimum Virtual Contacts: A Framework For Specific Jurisdiction In Cyberspace, 2018 University of Michigan Law School
Minimum Virtual Contacts: A Framework For Specific Jurisdiction In Cyberspace, Adam R. Kleven
Michigan Law Review
As the ubiquity and importance of the internet continue to grow, courts will address more cases involving online activity. In doing so, courts will confront the threshold issue of whether a defendant can be subject to specific personal jurisdiction. The Supreme Court, however, has yet to speak to this internet-jurisdiction issue. Current precedent, when strictly applied to the internet, yields fundamentally unfair results when addressing specific jurisdiction. To better achieve the fairness aim of due process, this must change. This Note argues that, in internet tort cases, the “express aiming” requirement should be discarded from the jurisdictional analysis and that ...
Blank Slates, 2018 University of Utah S.J. Quinney College of Law
Blank Slates, Matthew Tokson
Boston College Law Review
Courts sometimes confront gaps in formal law where doctrinal sources like text, history, and precedent fail to offer guidance in resolving a particular case. When these gaps are narrow, judges can generally address them through analogical reasoning or intuition. But sometimes legal gaps are too substantial to be filled with one-off decisions, and judges are called upon to create whole legal tests without the benefit of formal guidance or constraint. Courts currently lack a theoretical framework for addressing these difficult situations. This Article analyzes these “legal blank slates” and provides a framework for addressing them. Blank slates are less common ...
Individual Accountability For Corporate Crime, 2018 University of Toledo College of Law
Individual Accountability For Corporate Crime, Gregory Gilchrist
Georgia State University Law Review
Corporate crime is too often addressed by fining the corporation, leaving the real people who committed the crime facing no consequence at all. This failure to hold individuals accountable in cases of corporate malfeasance generates an accountability gap that undermines deterrence and introduces expressive costs. Facing heightened criticism of this trend, then-Deputy Attorney General Sally Yates issued a policy designed to generate prosecutions of real people in cases of corporate wrongdoing. The policy reflects a strong and continuing demand for more prosecutions of individuals in the corporate context.
This Article contends that the effort to introduce accountability by increasing prosecutions ...
Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, 2018 Barry University School of Law
Against Conduct-Based Immunity For Torture Victim Protection Act Defendants, Luke Ryan
Barry Law Review
On October 13, 2016, former Israeli Minister of Defense, Ehud Barak, was granted immunity and dismissed from a civil action alleging he violated the Torture Victim Protection Act of 1991 (TVPA) by authorizing the torture and extrajudicial killing of an American citizen. Both the government of Israel and the United States Department of State called on the court to grant federal common law foreign official immunity by arguing that Barak was protected from suit because he acted “in his official capacity.” The TVPA, however, permits legal action against foreign defendants who have acted in such a capacity—namely, “under actual ...
Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, 2018 University of Maine School of Law
Maine's Overburdened Law Court: Has The Time Come For A Maine Appeals Court?, Peter L. Murray
Maine Law Review
For the entire 178 years of Maine's statehood, its Supreme Judicial Court, “sitting as the Law Court,” has served as Maine's appellate court of first and last resort for all appeals from its trial courts of general jurisdiction. Over this time span, and particularly over the last three decades, the growth in number and complexity of civil and criminal appeals has placed the Law Court under an extremely heavy burden of cases. The sheer number of the appeals which the Law Court is expected to consider and decide risks exceeding the capacity of the institution for careful, thorough ...
Access To Adjudication Materials On Federal Agency Websites, 2018 The University of Akron
Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner
Akron Law Review
This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses ...
The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, 2018 University of Maine School of Law
The Tradition Of Sustantive Judicial Review: A Case Study Of Continuity In Constitutional Jurisprudence, David M. Gold
Maine Law Review
Until the 1970s, scholars routinely asserted that courts in the late nineteenth century initiated a radical reinterpretation of due process of law in their attempt to stem an onrushing tide of legislation designed to regulate business activity. This protection-of-business theory of due process development originated with the efforts of socialist and progressive commentators of the early twentieth century to discredit what they saw as a “revolutionary” transformation of due process from a term of “nominal significance in American constitutional law” into a bulwark of property. Progressive intellectuals assailed the judiciary in similar terms. Yale University president Arthur T. Hadley, an ...
In Pursuit Of The Public Good: Lawyers Who Care, 2018 University of Maine School of Law
In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg
Maine Law Review
The Eighth Annual Frank M. Coffin Lecture on Law and Public Service was held on November 22, 1999. The Honorable Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit and long-time friend of the University of Maine School of Law.
The Federal Equity Power, 2018 Barry University School of Law
The Federal Equity Power, Michael T. Morley
Boston College Law Review
Throughout the first century and a half of our nation’s history, federal courts treated equity as a type of general law. They applied a uniform, freestanding body of principles derived from the English Court of Chancery to all equitable issues that came before them, regardless of whether a case arose under federal or state law. In 1945, in Guaranty Trust Co. v. York, the United States Supreme Court held that, notwithstanding the changes wrought by the Erie Doctrine, federal courts may continue to rely on these traditional principles of equity to determine the availability of equitable relief, such as ...
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, 2018 Elisabeth Haub School of Law at Pace University
Feminist Judging Matters: How Feminist Theory And Methods Affect The Process Of Judgment, Bridget J. Crawford
Pace Law Faculty Publications
The word “feminism” means different things to its many supporters (and undoubtedly, to its detractors). For some, it refers to the historic struggle: first to realize the right of women to vote and then to eliminate explicit discrimination against women from the nation's laws. For others, it is a political movement, the purpose of which is to raise awareness about and to overcome past and present oppression faced by women. For still others, it is a philosophy--a system of thought--and a community of belief centering on attaining political, social, and economic equality for women, men, and people of any ...
Precedent And Disagreement, 2018 Michigan State University College of Law
Precedent And Disagreement, Glen Staszewski
This essay reviews Randy Kozel’s new book, Settled Versus Right: A Theory of Precedent. It contends that far from presenting a fundamentally neutral approach that should reasonably be acceptable to everyone, Kozel’s second-best theory of precedent is deeply normative and inherently controversial, and most Justices would have compelling grounds for rejecting his proposed doctrinal reforms. The review proceeds to set forth the outlines of an alternative conception of precedent that is grounded in deliberative democratic theory. This theory accepts interpretive pluralism as a desirable feature of the American constitutional order. It also recognizes that the fundamental purposes of ...
Copyright As Market Prospect, 2018 University of Pennsylvania Law School
Copyright As Market Prospect, Shyamkrishna Balganesh
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order to understand copyright’s structure of entitlement and liability. This focus on property- and harm-based torts has altogether ignored an area of tort law with significant import for our understanding of copyright law: tortious interference with a prospective economic advantage. This Article develops an understanding of copyright law using tortious interference with a prospect as a homology. Tortious interference with a prospect allows a plaintiff to recover when a defendant's volitional actions interfere with a potential economic ...
The Empty Idea Of “Equality Of Creditors”, 2018 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 ...
A Theory Of Poverty: Legal Immobility, 2018 Duke Law School
A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene
The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an ...
Law Library Blog (January 2018): Legal Beagle's Blog Archive, 2018 Roger Williams University
Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Dorothy Moser Medlin Papers - Accession 1049, 2018 Winthrop University
Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin
(The Dorothy Moser Medlin Papers are currently in processing.)
This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.
Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...
How Masculinity Can Shape Judicial Decision Making, 2018 University of Nevada, Las Vegas
How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf
No abstract provided.
Prosocial Religion And Games: Lost & Found, 2018 Rochester Institute of Technology
Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber
In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws ...
Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, 2018 University of Oklahoma College of Law
Deep Pocket Jurisprudence: Where Tort Law Should Draw The Line, Victor E. Schwartz, Phil Goldberg, Christopher E. Appel
Oklahoma Law Review
No abstract provided.