Digital Commons Network^™

Restorative Justice: A Conceptual Framework, Jennifer Llewellyn, Robert L. Howse

Reports & Public Policy Documents

Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

Application-Centered Internet Analysis, Tim Wu

Faculty Scholarship

There is a now-standard debate about law and the Internet. One side asserts that the Internet is so new and different that it calls for new legal approaches, even its own sovereign law. The other side argues that, although it is a new technology, the Internet nonetheless presents familiar legal problems. It is a battle of analogies: One side refers to Cyberspace as a place, while the other essentially equates the Internet and the telephone.

In my view, these two positions are both wrong and right: wrong in their characterization of the Internet as a whole, yet potentially right about …

Law As Experience: Theory And The Internal Aspect Of Law, Thomas Morawtz

SMU Law Review

No abstract provided.

The Private Law Of Race And Sex: An Antebellum Perspective, Adrienne D. Davis

Scholarship@WashULaw

In this article, Professor Adrienne D. Davis traces the interaction of race, sex, and estate law in the antebellum and postbellum South. Through a close analysis of intestate succession and testamentary transfers involving the formerly enslaved, she unearths the role of private law in reconciling and preserving both property rights and racial hierarchy. The article centers on a series of historical case studies involving the rights of formerly enslaved women and their children to postmortem transfers of wealth. While the law of private property generally served to reinforce racial hierarchy, these cases involved the use of property rights -- specifically, …

When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman

Articles by Maurer Faculty

Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.

Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …

Holmes And The Romantic Mind, Anne C. Dailey

Duke Law Journal

Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.

Memorandum--The Story, Kyle Harwood

Sandia Pueblo Mountain Claim

This story was prepared for a verbal presentation of the issues regarding the Sandia Mountain Land Claim. It provides a brief chronological overview of the Sandia Mountain Land Claim.

Race, The Immigration Laws, And Domestic Race Relations: A "Magic Mirror'' Into The Heart Of Darkness, Kevin R. Johnson

Indiana Law Journal

No abstract provided.

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

The Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, Rachel Vorspan

Buffalo Law Review

No abstract provided.

The Role Of Individuals In International Humanitarian Law And Challenges For States In Its Development, Dieter Fleck

International Law Studies

No abstract provided.

Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf

International Law Studies

No abstract provided.

Managing Urban Land In China: The Emerging Legal Framework And Its Role In Development, Mark T. Kremzner

Washington International Law Journal

This Article examines the emerging legal framework for urban land management in China with reference to several perspectives on the role of the state in economic development: modernization, dependency, and statism. A key function of the urban land management and planning regime in the People's Republic of China is to promote economic development. Similarly, law and legal institutions in the reform era are used as an instrument to secure development policies. China's urban land use laws have the purpose and effect of channeling capital into land development and urban renewal projects through the commodification of land use rights. While the …

Critical Tax Theory: Still Not Taken Seriously, Nancy E. Shurtz

North Carolina Law Review

No abstract provided.

The History Of The Special (Struck) Jury In The United States And Its Relation To Voir Dire Practices, The Reasonable Cross-Section Requirement, And Peremptory Challenges, James Oldham

William & Mary Bill of Rights Journal

In this Article, Professor Oldham provides a unique historical study of the special, or struck, jury in the United States. First, Professor Oldham discusses the influence of the 1730 English statute on eighteenth- century American law and reviews the procedures of several states in which the struck jury remains valid, in addition to the once authorized procedures that states have since declared invalid. He also analyzes the relationship between the struck jury and peremptory challenges. Second, Professor Oldham analyzes the special qualifications of the jurors comprising special juries in the context of the "blue ribbon," or "high-class, " jury, the …

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …

The Issue Of European Civil Codification And Legal Scholarships: Biases, Strategies And Development, Ugo Mattei

UC Law SF International Law Review

No abstract provided.

Shaping Debate, Shaping Society: Three Wisconsin Chief Justices And Their Counterparts, Joseph A. Ranney

Marquette Law Review

No abstract provided.

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

Articles

No abstract provided.

Copyright Protectionism And Its Discontents: The Case Of James Joyce's Ulysses In America, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle

Faculty Scholarship

No abstract provided.

Clio At The Bar: A Guide To Historical Method For Legists And Jurists, Buckner F. Melton Jr.

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

UC Law Journal

No abstract provided.

Holmes And The Romantic Mind, Anne Dailey

Faculty Articles and Papers

No abstract provided.

Some Remarks On Crime, Violence, History, And Culture, Lawrence M. Friedman

University of Colorado Law Review

No abstract provided.

Engineering The Middle Classes: Class Line-Drawing In New Deal Hours Legislation, Deborah C. Malamud

Michigan Law Review

The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers - people like the intended readers of this Article - came to be exempt from the Fair Labor Standards Act's general overtime rules. My purpose in telling this story is not to participate in the debate on whether the so-called "white-collar exemptions" to the Fair …

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …

Hoodwink'd By Custom: The Exclusion Of Women From Juries In Eighteenth-Century English Law And Literature, Judy M. Cornett

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.