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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 ...


The Incredible Wrongness Of The Warren Report - The Official Inquiry Into The Assassination Of Jfk Is Deeply Flawed, Donald E. Wilkes Jr. 2014 University of Georgia School of Law

The Incredible Wrongness Of The Warren Report - The Official Inquiry Into The Assassination Of Jfk Is Deeply Flawed, Donald E. Wilkes Jr.

Popular Media

This article will explain why a reevaluation of the Report in light of the new information requires rejection of other key aspects of the Report.


Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski 2014 University of Georgia School of Law

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.


Discredited: The Warren Report 50 Years Later, Donald E. Wilkes Jr. 2014 University of Georgia School of Law

Discredited: The Warren Report 50 Years Later, Donald E. Wilkes Jr.

Popular Media

In the half-century since the Warren Report, a vast mass of additional evidence and new information relating to the assassination has emerged. There have been reinvestigations by Congress. Hundreds of thousands of pages of government documents have been declassified. Responsible private researchers, including academic scholars from major universities, have undertaken their own studies and published authoritative books and articles calling into question the accuracy of the Warren Report. The strange, listless behavior of the Warren Commission itself has been amply documented.

We must, after 50 years, face the hair-raising, inescapable truth: The critics who warned us about the Warren Report ...


Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson 2014 University of Georgia School of Law

Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson

Georgia Journal of International & Comparative Law

No abstract provided.


The Revolutionary Portfolio: Constitution-Making And The Wider World In The American Revolution, Daniel J. Hulsebosch 2014 NELLCO

The Revolutionary Portfolio: Constitution-Making And The Wider World In The American Revolution, Daniel J. Hulsebosch

New York University Public Law and Legal Theory Working Papers

This article argues that American constitution-making in the founding era was an international process. At the outset of the Revolution, the Continental Congress and the revolutionary assemblies collaborated to construct a portfolio of foundational documents that American diplomats carried across the Atlantic to seek European support. In the spring and summer of 1776, Congress drafted three of the documents: the Declaration of Independence, the Articles of Confederation, and the Model Treaty. At exactly the same time, Congress recommended that the states draft a fourth type of document: state constitutions. Two dimensions of internationalism operated in the making of this portfolio ...


Ser Y Tiempo Jurídicos (Juridical Being And Time), Juan Carlos Riofrío Martínez-Villalba 2014 Latin American and Caribbean Law and Economics Association

Ser Y Tiempo Jurídicos (Juridical Being And Time), Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El estudio contiene una profundización metafísica del análisis de la dinámica jurídica. Para explicarla se aplican los poderosos conceptos griegos de ser y potencia, con los que los antiguos pudieron resolver el problema del tiempo y del cambio cósmico. Por eso el artículo comienza modulando para el derecho estas nociones griegas, de los cuales resultan los conceptos metafísicos de “ser jurídico” y “potencia jurídica”, para luego arribar al concepto de “espacio jurídico”. Con esta triada de nociones se puede, entonces, resolver el tema del cambio y el tiempo jurídico, como se hace al final del trabajo.

This article contains a ...


The Kingdom Of God In Samuel, Geoffrey P. Miller 2014 NELLCO

The Kingdom Of God In Samuel, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This paper argues that the idea of the kingdom of God in the Hebrew Bible refers to theocracy – the political system in which authority is exercised by God’s representative on earth. The relevant texts, most importantly parts of the Book of Samuel, explore the advantages and disadvantages of theocratic rule and compare that form of government with other models. Bible’s treatment of this topic is subtle and nuanced, recognizing virtues in theocratic rule but concluding, overall, that it does not deliver sustainable and effective governance in the real world.


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 ...


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