Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

411,461 Full-Text Articles 158,523 Authors 142,595,802 Downloads 386 Institutions

All Articles in Law

Faceted Search

411,461 full-text articles. Page 6123 of 7007.

Volume 62 Issue 2 (2011), Case Western Reserve University Law Review 2011 Case Western Reserve University School of Law

Volume 62 Issue 2 (2011), Case Western Reserve University Law Review

Case Western Reserve Law Review

No abstract provided.


Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks 2011 Case Western Reserve University School of Law

Not Of Woman Born: A Scientific Fantasy, Jennifer S. Hendricks

Case Western Reserve Law Review

No abstract provided.


Clio On Steroids: Historical Silence As A Presumption Of Unconstitutionality, Sam Camardo 2011 Case Western Reserve University School of Law

Clio On Steroids: Historical Silence As A Presumption Of Unconstitutionality, Sam Camardo

Case Western Reserve Law Review

No abstract provided.


The Nlrb Wields Its Rulemaking Authority: The New Face Of Representation Elections, Amanda McHenry 2011 Case Western Reserve University School of Law

The Nlrb Wields Its Rulemaking Authority: The New Face Of Representation Elections, Amanda Mchenry

Case Western Reserve Law Review

No abstract provided.


Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin 2011 University of Maryland School of Law

Bridging Gaps And Blurring Lines: Integrating Analysis, Writing, Doctrine, And Theory, Susan J. Hankin

Faculty Scholarship

This article is an outgrowth of the author’s participation in a July 29, 2009 panel presentation, “Change in Legal Education: Practical Skills,” at the Symposium, YES WE CArNegie: Change in Legal Education after the Carnegie Report. The article responds to the Carnegie Report’s call to “bridge the gap between analytical and practical knowledge” by presenting two models for integrating skills with doctrine in the first-year curriculum. The first model, built into the curriculum at the University of Maryland School of Law, involves teaching the first semester Legal Analysis & Writing course by pairing it with another required first-semester course ...


Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin 2011 University of Maryland School of Law

Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin

Faculty Scholarship

Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the ...


The United States And International Law: The United Nations Finds A Home, Mark Weston Janis 2011 University of Connecticut School of Law

The United States And International Law: The United Nations Finds A Home, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


Constituent Authority, Richard Kay 2011 University of Connecticut School of Law

Constituent Authority, Richard Kay

Faculty Articles and Papers

The force of a constitution, like the force of all enacted law, derives, in significant part, from the circumstances of its enactment. Legal and political theory have long recognized the logical necessity of a “constituent power.” That recognition, however, tells us little about what is necessary for the successful enactment of an enduring constitution. Long term acceptance of a constitution requires a continuing regard for the process that brought it into being. There must be, that is, recognition of the “constituent authority” of the constitution-makers. This paper is a consideration of the idea of “constituent authority” drawing on a comparison ...


Two Views Of Class Action, Alexandra Lahav 2011 University of Connecticut School of Law

Two Views Of Class Action, Alexandra Lahav

Faculty Articles and Papers

No abstract provided.


Solar Rights For Texas Property Owners, Sara Bronin 2011 University of Connecticut School of Law

Solar Rights For Texas Property Owners, Sara Bronin

Faculty Articles and Papers

In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state ...


Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin 2011 University of Connecticut School of Law

Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin

Faculty Articles and Papers

As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, and other mechanisms. The ...


Labor Law, The Left, And The Lure Of The Market, Michael Fischl 2011 University of Connecticut School of Law

Labor Law, The Left, And The Lure Of The Market, Michael Fischl

Faculty Articles and Papers

No abstract provided.


Children's Constitutional Rights, Anne Dailey 2011 University of Connecticut School of Law

Children's Constitutional Rights, Anne Dailey

Faculty Articles and Papers

This Article presents a developmental theory of children’s constitutional rights that focuses on the fundamental role of children’s rights in the socialization process leading to adult autonomy. The long history of denying children the full range of constitutional rights has its roots in a choice theory of rights that understands rights as deriving from the decision-making autonomy of the individual. From the perspective of choice theory, children do not enjoy most constitutional rights because they lack the capacity for autonomous choice. Choice theory not only justifies the long history of denying children rights, but it also serves to ...


Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz 2011 University of Connecticut School of Law

Confidentiality And Common Sense: Insights From Philosophy, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Benefits Of Opt-In Federalism, The, Brendan Maher 2011 University of Connecticut School of Law

Benefits Of Opt-In Federalism, The, Brendan Maher

Faculty Articles and Papers

The Affordable Care Act (“ACA”) is a controversial and historic statute that mandates people make insurance bargains. Unacknowledged is an innovative mechanism ACA uses to select the law that governs those bargains: opt-in federalism. Opt-in federalism – in which individuals choose between federal and state rules – is a promising theoretical means to make and choose law. This Article explains why, and concludes that the appeal of opt-in federalism is independent of ACA. Whatever the statute’s constitutional fate, future policymakers should consider opt-in federalist approaches to answer fundamental but exceedingly difficult questions of health and retirement law.


Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey, Cheryl Hanna 2011 University of California, Hastings College of the Law

Health, Human Rights, And Violence Against Women And Girls: Broadly Redefining Affirmative State Duties After Opuz V. Turkey, Cheryl Hanna

Hastings International and Comparative Law Review

No abstract provided.


Electronic Medical Records And The Challenge To Privacy: How The United States And Canada Are Responding, Elana Rivkin-Haas 2011 University of California, Hastings College of the Law

Electronic Medical Records And The Challenge To Privacy: How The United States And Canada Are Responding, Elana Rivkin-Haas

Hastings International and Comparative Law Review

No abstract provided.


Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay 2011 University of California, Hastings College of the Law

Better Late Than Never: A Critique Of The United States' Asylum Filing Deadline From International And Comparative Law Perspectives, Misha Seay

Hastings International and Comparative Law Review

No abstract provided.


Constitutional Adjudication In Japan: Context, Structures, And Values, John O. Haley 2011 Vanderbilt University Law School

Constitutional Adjudication In Japan: Context, Structures, And Values, John O. Haley

Vanderbilt Law School Faculty Publications

Judges in Japan share the prevailing communitarian orientation of their society, an orientation that rejects Manichean choices and moral or "scientific" absolutes, but instead relies on their collective and individual perceptions of community values, including the global community, shared by peers. They also, I believe, accept an unstated premise that legislative and administrative decisions reflect a consensus among the participants--not a simple majority. The issue remains as to who participates--who sits at the table--but the political and administrative processes do not routinely require merely fifty-one out of a hundred votes. As a consequence, judges are cautiously conservative. They adhere to ...


Williams V. Lee And The Debate Over Indian Equality, Bethany Berger 2011 University of Connecticut School of Law

Williams V. Lee And The Debate Over Indian Equality, Bethany Berger

Faculty Articles and Papers

Williams v. Lee (1959) created a bridge between century-old affirmations of the immunity of Indian territories from state jurisdiction and the tribal self-determination policy of the twentieth century. It has been called the first case in the modern era of federal Indian law. Although no one has written a history of the case, it is generally assumed to be the product of a timeless and unquestioning struggle of Indian peoples for sovereignty. This Article, based on interviews with the still-living participants in the case and on examination of the congressional records, Navajo council minutes, and Supreme Court transcripts, records, and ...


Digital Commons powered by bepress