Other Law Commons^™

Learning Resource: Sample Client Advice Letter, Julian Thomas

Collaborative law

Sample client advice letter developed by Monash University Collaborative Practice student. To be used as a learning resource only.

The Relationship Between Law And Politics, Dr. Miro Cerar

Annual Survey of International & Comparative Law

This article examines some basic characteristics of the relationship between national and international law and politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case the political understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions. Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests. In this case politics is neutral in its attitude ...

Pardon Me: The Constitutional Case Against Presidential Self-Pardons, Brian C. Kalt

Faculty Publications

No abstract provided.

Contract Construction And Interpretation: From The “Four Corners” To Parol Evidence (And Everything In Between), Keith A. Rowley

Scholarly Works

The pervasive use of computers has revolutionized both the practice of law and the conduct of business. Agreements once performed on the basis of an oral promise or a hand shake, at one end of the spectrum, or only following lengthy negotiations and exchanges of drafts of documents which had to be recreated from scratch at each stage, at the other, often are now governed by writings prepared with minimal effort, based on a computerized form used by a party to the contract, or its attorneys, in some prior deal. The ease of “block and copy” drafting of contracts and ...

The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale

William & Mary Law Review

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently ...

The Interpretation-Construction Distinction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!

The basic idea can be explained by distinguishing ...

Case Studies: The Ways To Achieve More Effective Negotiations, Renee A. Pistone

Pepperdine Dispute Resolution Law Journal

For many lawyers, deciding which negotiation strategy to employ depends on the specific context of a negotiation. In fact, the attorney faces a complex choice in their selection from among the different negotiation strategies and must frequently negotiate any particular matter using a combination of more than one negotiation strategy. Most lawyers use the art of negotiation as a tool in their daily practice. The trend is that many attorneys and clients decide to negotiate their disputes themselves rather than have a Judge make the decision, due to the cost and delay. Hence, there is increased pressure to negotiate and ...

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

A Primer On Opinion Letters: Explanations And Analysis, Kelly A. Love

Transactions: The Tennessee Journal of Business Law

No abstract provided.