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Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. McCall 2015 University of Oklahoma College of Law

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian M. Mccall

Brian M McCall

Many politicians and commentators agree that credit default swaps (CDS) played a significant role in the financial crisis of 2008. Yet, few who observe this role are aware that CDS were set loose on the economy by the federal pre-emption of thousands of years of public policy. Since the time of Aristotle law, philosophy and public policy have been hostile to gambling. Viewed as a socially unproductive zero sum wealth transfer, the law has generally refused to permit parties to use the courts to enforce wagers. Courts and legislatures worked in harmony to control and in some cases punish financial ...


Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel 2015 Duke Law

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

Faculty Scholarship

In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement, implement, or interact with the constitutional text, the Article focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally ...


Silent Similarity, Jessica Litman 2015 SelectedWorks

Silent Similarity, Jessica Litman

Jessica Litman

From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form -- silent movies -- had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases – in particular, Nichols v. Universal Pictures – are canonical today. They are not, however, well-understood. In particular, the ...


Systemic Lying, Julia Simon-Kerr 2015 SelectedWorks

Systemic Lying, Julia Simon-Kerr

Julia Simon-Kerr

This Article offers the foundational account of systemic lying from a definitional and theoretical perspective. Systemic lying involves the cooperation of multiple actors in the legal system who lie or violate their oaths across cases for a consistent reason that is linked to their conception of justice. It becomes a functioning mechanism within the legal system and changes the operation of the law as written. By identifying systemic lying, this Article challenges the assumption that all lying in the legal system is the same. It argues that systemic lying poses a particular threat to the legal system. This means that ...


Progressive Legal Thought, Herbert Hovenkamp 2014 University of Iowa

Progressive Legal Thought, Herbert Hovenkamp

Herbert Hovenkamp

A widely accepted model of American legal history is that classical legal thought, which dominated much of the nineteenth century, was displaced by progressive legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it. Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not ...


Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell 2014 University of Georgia School of Law

Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell

Georgia Journal of International & Comparative Law

No abstract provided.


The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson 2014 University of Georgia School of Law

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.


Law In Ancient Egyptian Fiction, Russ VerSteeg 2014 University of Georgia School of Law

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Sources Of International Law, Louis B. Sohn 2014 University of Georgia School of Law

Sources Of International Law, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd 2014 University of Georgia School of Law

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.


So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. den Dulk 2014 University of Georgia School of Law

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.


Defending Legal Realism: A Response To Four Critics, Hanoch Dagan 2014 BLR

Defending Legal Realism: A Response To Four Critics, Hanoch Dagan

Tel Aviv University Law Faculty Papers

My recently published book, Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), seeks to revive our understanding of law as a set of institutions accommodating three sets of constitutive tensions: power and reason, science and craft, and tradition and progress. This Issue of Critical Analysis of Law honored me with the publication of thoughtful and generous book reviews by Alan Brudner, Dan Farbman, Joseph Singer, and Laura Underkuffler. This short Essay reflects upon their insightful and important observations and attempts to provide some answers to their interesting and intriguing critiques of my account. I begin with ...


Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele 2014 University of Georgia School of Law

Mining For Gold: The Constitutional Court Of South Africa's Experience With Comparative Constitutional Law, Ursula Bentele

Georgia Journal of International & Comparative Law

No abstract provided.


Restoring Constitutional Equilibrium, Adam Lamparello 2014 SelectedWorks

Restoring Constitutional Equilibrium, Adam Lamparello

Adam Lamparello

In areas such as the Fourteenth Amendment, the Supreme Court's lack of institutional restraint has affected citizens of every political persuasion. In Bush v. Gore, the Florida Supreme Court’s recount order was blocked. ‘Liberals,’ lost. In Roe v. Wade, the Court required state legislatures to allow most abortions in the first trimester. ‘Conservatives’ lost. In Clinton v. City of New York and Citizens United v. Federal Election Commission, the coordinate branch’s attempt to ensure a more efficient and fairer government was thwarted. Average citizens lost. The problem is not a liberal or conservative one, whatever those words ...


Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein 2014 Boston College Law School

Pragmatic Liberalism: The Outlook Of The Dead, Justin Desautels-Stein

Boston College Law Review

At the turn of the twentieth century, the legal profession was rocked in a storm of reform. Among the sparks of change was the view that “law in the books” had drifted too far from the “law in action.” This popular slogan reflected the broader postwar suspicion that the legal profession needed to be more realistic, more effective, and more in touch with the social needs of the time. A hundred years later, we face a similarly urgent demand for change. Across the blogs and journals stretches a thread of anxieties about the lack of fit between legal education and ...


Counsel For The Divorce, Rebecca Aviel 2014 Boston College Law School

Counsel For The Divorce, Rebecca Aviel

Boston College Law Review

This article challenges the legal profession’s foundational assumption that legal services must be delivered in an adversarial posture, with lawyers compelled to engage in robust partisan advocacy on behalf of their clients’ individualized interests. This narrow conception of the lawyer’s role is particularly inapt in family law because many divorcing spouses actually seek joint counsel, understanding that they have profound shared interests in minimizing transaction costs, maximizing the value of the marital estate, and reducing the hostility and animosity that are so harmful to children. Couples who wish to advance these interests by retaining joint counsel are poorly ...


Alan Watson's Controversial Contribution To Legal Scholarship, Gary Francione 2014 University of Georgia School of Law

Alan Watson's Controversial Contribution To Legal Scholarship, Gary Francione

Georgia Journal of International & Comparative Law

No abstract provided.


Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel 2014 University of Georgia School of Law

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Georgia Journal of International & Comparative Law

No abstract provided.


Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston 2014 SelectedWorks

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Marc B. Langston

In 1975-76, the Church Committee challenged Americans’ perception of their government by uncovering and publicly releasing secret activities undertaken by the U.S. Government. U.S. Senator Frank Church’s leadership represents a model for congressional oversight and the Church Committee’s investigation and public hearings remain increasingly relevant in a new age of domestic surveillance. The attached article compares a historical model of congressional oversight and reform, as demonstrated by Senator Frank Church’s leadership as chairman of the Church Committee, with current oversight deficiencies that have induced a growing population of citizens to demand greater protections against government ...


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