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Flipping The Script On Brady, Ion Meyn 2020 University of Wisconsin - Madison

Flipping The Script On Brady, Ion Meyn

Indiana Law Journal

Brady v. Maryland imposes a disclosure obligation on the prosecutor and, for this

reason, is understood to burden the prosecutor. This Article asks whether Brady also

benefits the prosecutor, and if so, how and to what extent does it accomplish this?

This Article first considers Brady’s structural impact—how the case influenced

broader dynamics of litigation. Before Brady, legislative reform transformed civil

and criminal litigation by providing pretrial information to civil defendants but not

to criminal defendants. Did this disparate treatment comport with due process?

Brady arguably answered this question by brokering a compromise: in exchange for

imposing minor ...


Pillars Of Justice: Lawyers And The Liberal Tradition, By Owen Fiss, Saba Samanian 2020 Osgoode Hall Law School of York University

Pillars Of Justice: Lawyers And The Liberal Tradition, By Owen Fiss, Saba Samanian

Osgoode Hall Law Journal

AT TIMES, IT IS POSSIBLE TO UNDERESTIMATE, or perhaps momentarily forget, the individuals who have been instrumental in shaping the evolution of the justice system. Thankfully, Pillars of Justice by Owen Fiss serves as a reminder of the resilience and the triumph of such individuals. Each chapter of the book is dedicated to someone who he considers to have made a significant contribution to justice, and, as such, has become a personal hero.


Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner 2020 Emory University School of Law

Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner

Boston College Law Review

Anita Bernstein’s important new book argues that the common law might be used to advance women’s liberation. In this short essay, I analyze Bernstein’s three modes of historical analysis: redeeming the common law where it enforced oppression, recovering it when it promoted women’s rights, and facilitating its evolution toward a feminist future. I argue that Bernstein’s account, though learned and compelling, sidelines the centrality of patriarchy to the common law. Adopting the liberty of the patriarch cannot realize true freedom for women. By appropriating common law doctrines, feminists risk forging a conceptual alliance with the ...


What Is Remembered, Alice Ristroph 2020 Brooklyn Law School

What Is Remembered, Alice Ristroph

Michigan Law Review

Review of Sarah A. Seo's Policing the Open Road: How Cars Transformed American Freedom.


Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz 2020 University of Wisconsin Law School

Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz

Michigan Law Review

Review of Eric Lomazoff's Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic.


Translating The Constitution, Jack M. Balkin 2020 Yale Law School

Translating The Constitution, Jack M. Balkin

Michigan Law Review

Review of Lawrence Lessig's Fidelity and Constraint: How the Supreme Court Has Read the American Constitution.


Fixing America's Founding, Maeve Glass 2020 Columbia Law School

Fixing America's Founding, Maeve Glass

Michigan Law Review

Review of Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era.


Hyperpartisan Gerrymandering, Michael S. Kang 2020 Northwestern Pritzker School of Law

Hyperpartisan Gerrymandering, Michael S. Kang

Boston College Law Review

To modern observers of American politics, our current hyperpartisan era appears historically extreme, even bizarrely partisan. The preceding Cold War era was far less partisan and ideologically polarized. Spanning roughly from World War II through the 1980s, it offers a hopeful model for a better, less partisan American politics. However, this historical baseline is badly misleading. Partisanship for most of American history was much more similar to today’s hyperpartisanship than the Cold War. And legislative redistricting, for most of American history, was just as intensely partisan as today’s hyperpartisan gerrymandering. But it was precisely during the Cold War ...


“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay 2020 Boston College Law School

“Red Flag” Laws: How Law Enforcement’S Controversial New Tool To Reduce Mass Shootings Fits Within Current Second Amendment Jurisprudence, Coleman Gay

Boston College Law Review

In the face of increased gun violence and mass shootings in the United States, so-called “red flag” laws have become a new and popular tool for protecting public safety. The laws are gaining momentum in state houses around the country because they provide law enforcement with a means to expeditiously remove firearms from potentially dangerous individuals—regardless of the individual’s criminal record and mental health history. Thus far, the laws are a magnet for constitutional challenges—including claims that the laws violate the Second Amendment to the U.S. Constitution. This Note provides a historical and legal background of ...


Prefatory Notes On Persian Idioms Of Islamic Jurisprudence: Reasoning And Procedures Of Law-Making In Premodern Islamicate India, Naveen Kanalu 2020 University of California, Los Angeles

Prefatory Notes On Persian Idioms Of Islamic Jurisprudence: Reasoning And Procedures Of Law-Making In Premodern Islamicate India, Naveen Kanalu

Manuscript Studies

The essay elaborates on the manuscript tradition of transmission, commentary, and glossing of fiqh or “Islamic jurisprudence” texts in medieval and early-modern juridical culture from the Indian sub-continent. Premodern Muslim jurists composed doctrinal treatises primarily in Arabic, the shared theological language of the ‘ulamā’ or “learned scholars”. However, in the Indian context, Persian too had acquired the status of a language of Islamic law. From the fourteenth century, fatāwā compilations were made in Persian. By seventeenth-century Mughal rule in northern India, sharḥ or “commentary” and ḥāshiya or “super-commentary” in Persian were deployed as a mechanism for pedagogical transmission. Analyzing two ...


A Formulaic Recitation Will Not Do: Why, As A Matter Of Law, Federal Rule Of Criminal Procedure 7(C) Should Be Interpreted To Be At Least As Stringent As Federal Rule Of Civil Procedure 8(A), Charles Eric Hintz 2020 University of Pennsylvania Law School

A Formulaic Recitation Will Not Do: Why, As A Matter Of Law, Federal Rule Of Criminal Procedure 7(C) Should Be Interpreted To Be At Least As Stringent As Federal Rule Of Civil Procedure 8(A), Charles Eric Hintz

Faculty Scholarship at Penn Law

When a plaintiff files a civil lawsuit in federal court, her complaint must satisfy certain minimum standards. Specifically, under the prevailing understanding of Federal Rule of Civil Procedure 8(a), a complaint must contain sufficient factual matter to state a claim to relief that is plausible on its face, rather than mere conclusory statements tracking the elements of a cause of action. Given the infinitely higher stakes involved in criminal cases, one might think that at least as robust a requirement would exist in that context. But, in fact, a weaker pleading standard reigns. Under the governing interpretation of Federal ...


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr. 2020 University of Pennsylvania Law School

Lost In Transplantation: Modern Principles Of Secured Transactions Law As Legal Transplants, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This manuscript will appear as a chapter in a forthcoming edited volume published by Hart Publishing, Secured Transactions Law in Asia: Principles, Perspectives and Reform (Louise Gullifer & Dora Neo eds., forthcoming 2020). It focuses on a set of principles (Modern Principles) that secured transactions law for personal property should follow. These Modern Principles are based on UCC Article 9 and its many progeny, including the UNCITRAL Model Law on Secured Transactions. The chapter situates the Modern principles in the context of the transplantation of law from one legal system to another. It draws in particular on Alan Watson’s pathbreaking ...


Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis 2020 University of Iowa College of Law

Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis

University of Cincinnati Law Review

No abstract provided.


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries 2020 University of South Dakota

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee 2020 Campbell University School of Law

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would ...


How Can Pennsylvania Protect Itself From Its Own Measles Outbreak?, Megan M. Riesmeyer, Kristen Feemster 2020 The Children's Hospital of Philadelphia

How Can Pennsylvania Protect Itself From Its Own Measles Outbreak?, Megan M. Riesmeyer, Kristen Feemster

Faculty Scholarly Works

When a response to inaccurate information strives to be an informative exercise of its own, it is difficult to balance the desire to respond point by point to mischaracterized, misleading, or untrue information, with the need to simply offer a complete picture of facts. This article is a response to Abigail Wenger’s article regarding

vaccinations. To reply to each mischaracterization or inaccuracy in turn means this response loses its own informative intent and becomes simply a rebuttal. However, to ignore mischaracterizations and inaccuracies is to risk the reader’s acceptance of those points as true. Through illustrative examples in ...


Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther 2020 University of Michigan Law School

Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther

Michigan Business & Entrepreneurial Law Review

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither ...


Revisiting A Classic Problem In Statutory Interpretation: Is A Minister A Laborer?, Tammy Gales, Lawrence M. Solan 2020 Hofstra University

Revisiting A Classic Problem In Statutory Interpretation: Is A Minister A Laborer?, Tammy Gales, Lawrence M. Solan

Georgia State University Law Review

This study presents a new analysis of an iconic United States Supreme Court case, Holy Trinity Church v. United States (1892). The question in Holy Trinity Church concerned whether a law making it illegal to pay the transportation of a person entering the U.S. under contract to perform “labor or service of any kind” applied to a wealthy Manhattan church that had paid to bring its new rector from England to New York. The Supreme Court unanimously ruled that the law did not apply to the church’s contract, relying first on the ordinary meaning of “labor” and second ...


A Comprehensive Procedural Mechanism For The Poor: Reconceptualizing The Right To In Forma Pauperis In Early Modern England, Annie Prossnitz 2020 Northwestern Pritzker School of Law

A Comprehensive Procedural Mechanism For The Poor: Reconceptualizing The Right To In Forma Pauperis In Early Modern England, Annie Prossnitz

Northwestern University Law Review

In early modern England, litigants could petition for in forma pauperis status in order to seek free legal services, including representation. Scholars have often invoked this history to bolster the claim for a reinforced in forma pauperis right today. This Note explores the origins of the right to in forma pauperis status from a different angle. At the core of this Note is an examination of ninety-two primary-source in forma pauperis petitions and court documents, filed in sixteenth- and seventeenth-century English courts of equity, namely Chancery, the Court of Requests, Star Chamber, and Exchequer. Rather than the mythical, rarely used ...


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