Digital Commons Network^™

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.

The Law: Business Or Profession?: The Continuing Relevance Of Julius Henry Cohen For The Practice Of Law In The Twenty-First Century, Samuel J. Levine

Fordham Urban Law Journal

No abstract provided.

The Role Of The Popes In The Invention Of Complementarity And The Vatican's Anathematization Of Gender, Mary Anne Case

Public Law and Legal Theory Working Papers

No abstract provided.

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

The University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways.

But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these …

The First Patent Litigation Explosion, Christopher Beauchamp

Faculty Scholarship

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Probable Cause Revisited, William Ortman

Law Faculty Research Publications

No abstract provided.

Ashton, Bekins, And Necessity: Why Chapter 9 Is Constitutional, But Not The Only Way For Municipalities To Adjust Their Debts, Aaron Michael Dmiszewicki

University of Miami Business Law Review

The 1930s saw the nation in crisis, steeped in the worst of the Great Depression. In 1936, over 2,000 municipalities, counties, and other governmental units, in 41 of the 48 states, were known to be in default. In response to this crisis, Congress amended the Bankruptcy Act in 1934 and passed the first municipal bankruptcy statute. Shortly thereafter, the Supreme Court struck it down. Undeterred, Congress passed another municipal bankruptcy statute in 1937, which was almost identical to the previously invalidated law. In 1938, the Supreme Court, now stocked with Roosevelt-appointed New Deal sympathizers, upheld the law.

However, the latter …

Post-Brexit: A Continuum For State Sovereignty, Morad Eghbal, K.C. O'Rourke

ILSA Journal of International & Comparative Law

Both sides of the Brexit campaign were very nationalist in their outlook suggesting that profitable preservation of a capitalist economy was paramount based on a conservative sense of nationalism and sovereignty

Bills Of Attainder, Matthew J. Steilen

Journal Articles

What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills.

This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of …

Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem, Michael A. Livingston

University of Baltimore Journal of International Law

The proposal of reparations to African-Americans for slavery and subsequent offenses has stimulated a great deal of academic attention but little practical action. One reason for this is the indifference of non-black Americans and the lack of historical consciousness in a pragmatic, forward-looking culture. Yet some AfricanAmericans also have mixed feelings about reparations, preferring to concentrate on current problems rather than seek repayment for past wrongs, and perhaps even considering the debate as a divergence from more pressing, immediate problems.

Governed By Marriage Law, Deirdre Mcgowan

Books/Book Chapters

Marriage law links the private and the political, connecting the aspirations of individuals to the regulatory ambitions of the state. Marriage has significant social and cultural importance, but the assumptions of stability and care it entails are also useful to government. As a result, marriage law has, both historically and in the present, been offered as the solution to a range of social problems. Using Ireland as a case study example, this essay focuses on the problems which marriage law reform has attempted to address and the political frameworks within which reform took place. It suggests that marriage law is …

Closing A Parol Evidence Rule Loophole: The Consideration Exception And The Preexisting Duty Rule, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

A Biography Of Madison’S Notes Of Debates, Jack Rakove

Constitutional Commentary, Vols 1–36 (1984–2022)

In this truly provocative book, Mary Bilder writes what is in effect a biography of the composition, compilation, and revision of James Madison’s notes of debates from the Constitutional Convention of 1787. Working her way week by week through the course of the Convention, and doing her best to ascertain the character and source of Madison’s many later revisions, Bilder offers a number of striking hypotheses about the origins and evolution of the notes. Her two principal hypotheses pivot on the idea that the notes were originally conceived, not as a documentary legacy to History, but as a “legislative diary,” …

The Refracted Constitution: Classical Liberalism And The Lessons Of History, 101 Iowa L. Rev. Online 97 (2016), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

As a prism refracts light, bending its rays in different directions and revealing its many colors, the Constitution also refracts the myriad perceptions of its interpreters. The debate published last fall in the Iowa Law Review between Professors Herbert Hovenkamp and Richard Epstein over whether the Constitution is, in the words of Professor Epstein, “a classical liberal document,” reveals divergent perspectives about the role of history in constitutional interpretation. Professor Epstein, who for much of his career has analyzed constitutional issues through the lens of law and economics, is primarily a legal theorist for whom history provides examples of how …

Contemplating Competence: Three Mediations, Judith Welch Wegner

Valparaiso University Law Review

No abstract provided.

Probable Cause Revisited, William Ortman

Law Faculty Research Publications

No abstract provided.

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster

Articles by Maurer Faculty

This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …

Constructing A River, Building A Border: An Environmental History Of Irrigation, Water Law, State Formation, And The Rio Grande Rectification Project In The El Paso/Juárez Valley, Joanne Kropp

Open Access Theses & Dissertations

The Rio Grande in the El Paso, Texas, U.S./Juárez, Chihuahua, Mexico, Valley has a long history of human use from prehistoric to modern times. Formal irrigation began in the 1600s, mainly for viticulture, changing to cotton and pecans in the 1900s. The Rio Grande was subject to bed shifting and flooding that, after 1848, affected the location of the international boundary. During the Great Depression the U.S. and Mexican governments sponsored conservation projects to provide jobs and increase agricultural production. The 1933 “Convention - Rectification of the Rio Grande” was the culmination of interstate and bi-national agreements to divide Rio …

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.

Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting Sharing, Licensing, And Attribution), Colleen Chien

Faculty Publications

What do creators want? Jessica Silbey’s book, the Eureka Myth, distills the answers she received to this question over the course of interviews with more than fifty filmmakers, photographers, hardware and software engineers, business executives working with pharmaceutical, medical device, and telecommunications companies, and others. While many purport to speak for creators, Silbey’s subjects speak for themselves, through long excerpts that appear throughout the book. In this book review, I combine their insights with other historical and modern empirical accounts to carry out the thought experiment of what an intellectual property system keenly attuned to the needs of creators – …

Sovereignty And Indigenous Peoples In North America, Kent Mcneil

Articles & Book Chapters

This article examines the concept of sovereignty and its application in the context of European colonization of North America. It seeks to define sovereignty so as to avoid Eurocentric notions that denied sovereignty to Indigenous peoples. The article does this by distinguishing between defacto and de jure sovereignty: the former depends on actual possession and control of a territory, whereas the latter depends on the application of a particular legal system. Unlike de facto sovereignty, which is empirical, de jure sovereignty depends on a choice of law. Because more than one legal system can be applied to territories occupied by …

Beyond Eureka: What Creators Want (Freedom, Credit, And Audiences) And How Intellectual Property Can Better Give It To Them (By Supporting, Sharing, Licensing, And Attribution), Colleen Chien

Michigan Law Review

In the theater of the courtroom or the rough and tumble arena of intellectual property policymaking, the day-to-day lives of creators are rarely presented. We often instead see one-dimensional vignettes, for example, “the new artist or band that has just released their [sic] first single and will not be paid for its success,” described on Taylor Swift’s Tumblr last summer when she initially withdrew from Apple’s music streaming service. While instructive, this description leaves out that Swift and other artists have long relied on “free play” mediums like radio and, more recently, YouTube to develop, not cannibalize, their audiences and …

Police Terror And Officer Indemnification, Allyssa Villanueva

UC Law Journal of Race and Economic Justice

Police accountability has quickly pressed to the forefront of national conversations and subsequently, the national political agenda. Increasing prevalence of excessive and lethal use of force by police officers induced this attention. President Obama convened a Task Force on 21st Century Policing, after the Department of Justice conducted several pattern and practice investigation of misconduct following the high‐profile deaths of unarmed Michael Brown and Eric Garner. Their deaths both resulted in no criminal charges against responsible officers. Civil suit was the only option left for officer accountability. This Note addresses the use of 42 U.S.C. §1983 as the common civil …

What Gideon Did, Sara Mayeux

Vanderbilt Law School Faculty Publications

Many accounts of Gideon v Wainwright s legacy focus on what Gideon did not do--its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few "outlier" states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes. Drawing on original historical research, this Article instead chronicles what Gideon did-the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession's policy consensus on indigent defense away …

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Faculty Scholarship

No abstract provided.