Preliminary Warnings On 'Constitutional' Idolatry, 2015 Academia Sinica
Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones
Brian Christopher Jones
Contemporary societies covet the notion of a written constitution. Yet should Britain choose to draft one, can I offer this important suggestion: please, call it anything but a “Constitution”. This statement is only slightly made in jest; in fact, it is quite serious. Constitutional fetishism, constitutional worship or “constitutional idolatry”, as Michael Klarman refers to it, is nothing to take lightly. While there has been a copious amount of commentary on the prospects and potential form of a UK written constitution, in addition to its history and evolution, the possibility of constitutional fetishism or constitutional idolatry becoming a significant factor ...
Public Actors In Private Markets: Toward A Developmental Finance State, 2015 Cornell Law School
Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova
Robert C. Hockett
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...
Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, 2015 University of California, Davis
Acting White? Or Acting Affluent? A Book Review Of Acting White? Rethinking Race In "Post-Racial" America, Lisa R. Pruitt
Lisa R Pruitt
Acting White? Rethinking Race in “Post-Racial” America (2013) is the latest installment in Devon Carbado and Mitu Gulati’s decade-plus collaboration regarding issues of race and employment. This review lauds the book’s comprehensive treatment of the double bind that racial minorities—especially blacks—experience within principally white institutions. In this volume, the authors expand on their prior employment-centered work to consider, for example, Barack and Michelle Obama’s presence on the national political stage, racial identity and performance in the context of higher education admissions, and racial profiling by law enforcement. With a focus on intra-racial diversity, Carbado and ...
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Amy J. Sepinwall
In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...
Proposed Improvements To The Division Of The Parties' Beneficial Interests Beyond The Women's Charter: Chan Yuen Lan V See Fong Mun, 2015 Singapore Management University
Proposed Improvements To The Division Of The Parties' Beneficial Interests Beyond The Women's Charter: Chan Yuen Lan V See Fong Mun, Jonathan Muk
In Chan Yuen Lan v See Fong Mun  SGCA 36, the Singapore Court of Appeal had the opportunity to consider its approach towards ascertaining the parties’ beneficial interests under the common law. It took the opportunity to revist its earlier decision of Lau Siew Kim v Teo Guan Chye Terence  2 SLR(R) 108 and establish an approach for future cases. It is submitted that the CA’s approach could have gone further to first, establish the common intention constructive trust analysis as the starting point for ascertaining beneficial interests under the common law, second, reform the presumption ...
Why Marijuana Is Not Regulated Like Alcohol In Colorado: A Warning For States Seeking To Legalize Recreational Marijuana, 2015 University of Massachusetts - Dartmouth
Why Marijuana Is Not Regulated Like Alcohol In Colorado: A Warning For States Seeking To Legalize Recreational Marijuana, Angela Macdonald
Colorado is unique in a number of ways. Colorado hosts some of the best skiing and snowboarding in the world, was one of the first states in the nation to operationally legalize marijuana for recreational use, and Colorado has particular tax restrictions unlike any other state. While competing with world-class skiing may not be an option for all states, any state contemplating legalizing recreational marijuana in a similar manner to Colorado may want to consider what sets Colorado apart; how legalized recreational marijuana works for Colorado; and ways to address tax and regulation issues in new marijuana legalization efforts.
Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, 2015 Indiana Tech Law School
Fundamental Unenumerated Rights Under The Ninth Amendment And Privileges Or Immunities Clause, Adam Lamparello
The failure to link the Ninth Amendment and Privileges or Immunities Clause for the purpose of creating unenumerated fundamental rights has been a persistent but rarely discussed aspect of the Court’s jurisprudence. That should change. There need not be an ongoing tension between the Court’s counter-majoritarian role and the authority of states to govern through the democratic process. If the Constitution’s text gives the Court a solid foundation upon which to recognize new rights and thereby create a more just society, then the exercise of that power is fundamentally democratic. The Ninth Amendment and Privileges or Immunities ...
“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, 2015 University of Connecticut - Storrs
“Amidst The Chime Of The Razor Wire”: Narrating Poetic Justice In Guantanamo Bay, Kristina H. Reardon
The Quiet Corner Interdisciplinary Journal
The quest of poetic justice carries Marc Falkoff’s 2007 anthology Poems from Guantanamo: The Detainees Speak into the court of public (literary) opinion. While the Pentagon asserts that poetry poses special security risks, and related translation issues may obscure the artistry or message of some of the 17 poets’ verse, Falkoff’s volume nevertheless gives prisoners’ voices a forum in which they might be heard. At the nexus of legal and literary scholarship, poetic voice and its expression become a site of deconstructing identity. The Guantanamo poets invite readers to explore the ways that aesthetics form perceptions of their ...
Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, 2015 Hofstra University, Deane School of Law
Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood
Daniel J.H. Greenwood
Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.
Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply ...
"Rhetoric And Reality": Testing The Harm Of Campaign Spending, 2015 USC Gould School of Law
"Rhetoric And Reality": Testing The Harm Of Campaign Spending, Rebecca L. Brown, Andrew D. Martin
University of Southern California Legal Studies Working Paper Series
This is an empirical piece prepared for a conference entitled Testing the Constitution, held at the University of Chicago Law School. Brown and Martin collaborated to design a survey experiment aimed at testing some of the factual claims made by the Supreme Court in Citizens United v. FEC. The paper shows that there is a demonstrable harm to the electorate's faith in democracy, and argues that these findings supply a government interest, separate from prevention of corruption, in regulating campaign spending.
Can Dna Be Speech?, 2015 Charleston School of Law
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.
In this article we discuss myriad current and developing ways in which ...
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, 2015 University of Pittsburgh - Main Campus
Women Made Whole: How Tort Law Can Change The Lives Of Domestic Violence And Sexual Assault Victims, Sara L. Crewson
Sara L Crewson
Tort law and insurance companies are failing to provide female domestic violence victims with adequate access to civil courts, proper legal mechanisms with which to gain that access, and are far behind the times when compared to other gender-linked crimes like those of rape and sexual assault. The Restatement of Torts (Third) has classified domestic violence as an intentional tort, and most insurance policies will not provide coverage for harms that were committed intentionally. Certain homeowners' insurance policies won't provide coverage if a spouse tries to sue another spouse for harms committed, leaving vulnerable wives unable to seek compensation ...
A Unified Theory Of Immigrant And Racial Justice, 2015 University of Miami School of Law
A Unified Theory Of Immigrant And Racial Justice, Rebecca Sharpless
Scholars and law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework that relies on a contrast with people—citizens and noncitizens—who have been convicted of a criminal offense and proposes an alternate approach that better aligns with the racial critique of our criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided in the United States for much ...
Some Basic Marxist Concepts To Understand Income Tax, 2015 University of Wollongong; Australian National University
Some Basic Marxist Concepts To Understand Income Tax, John Passant
The paper introduces readers to some basic Marxist concepts to give the building blocks for an alternative understanding of tax and perhaps even to inspire some to use these concepts and ideas in their future research. It argues that the tax system reflects the phenomena of wealth and income and that there is a deeper reality obscured and ignored by the income tax system as an outcrop of a capitalist system which does the same. This deeper reality is that capital exploits workers and that profit, rent, interest and the like are the money form of the unpaid labour of ...
The Philosophical, Ethical, And Legal Challenges Toward Biopolitics On The Commercializing Human Body Parts, Jongho Kim
Medical science has progressed to the point where doctors will soon be able to transplant any human organ. This advancement will have the potential to change attitudes toward human life and the human body – human life can be revitalized and the human body commercialized. Paradoxically, distinguishing between life and death has become harder in a high-tech medical society than it was in primitive society. We now say that the line between death and life should be drawn according to scientific criteria. Death is no longer a natural phenomenon; for modern human beings, it is now no more than an artificial ...
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, 2015 Atlanta's John Marshall Law School
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta
Jeffrey A. Van Detta
This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":
“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”
This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education ...
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, 2015 Tel Aviv University
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan
The term “cross-border reproductive transactions” refers to the phenomenon of tens of thousands of people who travel from one country to another to purchase reproductive services, in order to have a child. The foci of this paper are the lion share of cross-border reproductive transactions, specifically between consumers, i.e., intended parents from affluent countries, and suppliers of reproductive services, egg sellers and surrogate mothers, the majority of whom are from lower middle-income countries. Strong concerns regarding the morality of consumers’ states’ policy arise when a country nationally restricts or bans commercial surrogacy, while accepting the results of cross-border reproductive ...
The American Criminal Code: General Defenses, 2015 University of Pennsylvania Law School
The American Criminal Code: General Defenses, Paul H. Robinson, Matthew Kussmaul, Camber Stoddard, Ilya Rudyak, Andreas Kuersten
There are fifty-two bodies of criminal law in the United States. Each stakes out often diverse positions on a range of issues. This article defines the “American rule” for each of the issues relating to general defenses, a first contribution towards creating an “American Criminal Code.”
The article is the result of a several-year research project examining every issue relating to justification, excuse, and non-exculpatory defenses. It determines the majority American position among the fifty-two jurisdictions, and formulates statutory language for each defense that reflects that majority rule. The article also compares and contrasts the majority position to significant minority ...
Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, 2015 Texas A&M School of Law
Judicial Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz
Sahar F Aziz
Among the myriad questions surrounding the study of the “Arab Spring,” the one that has engendered much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.”
Accordingly, this Article cautiously proceeds to ...
The End Of Law Schools, 2015 Peking University School of Transnational Law
The End Of Law Schools, Ray W. Campbell
Ray W Campbell
What would legal education look like if it were designed from the ground up for a world in which legal services have undergone profound and irreversible change? Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.
This article proposes a new ideology of legal education to meet the needs of ...