Digital Commons Network^™

Historical American Erspectives On International Law, Harlan Grant Cohen

ILSA Journal of International & Comparative Law

The topic of this year's International Law Weekend, "The United States and International Law: Legal Traditions and Future Possibilities," cries out for additional historical perspective.

The Forgotten Sovereigns, Tonya Kowalski

Florida State University Law Review

No abstract provided.

The Law And The Host Of The Canterbury Tales, 43 J. Marshall L. Rev. 51 (2009), Frederick B. Jonassen

UIC Law Review

No abstract provided.

The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen

Faculty Scholarship

No abstract provided.

Review Of The Cherokee Nation And The Trail Of Tears By Theda Perdue And Michael D. Green, Rowena Mcclinton

Great Plains Quarterly (through 2013)

Past chief of the Cherokee Nation (1985-1995) and social activist Wilma Mankiller remarked, "We are still here." Facing rampant racism, a fraudulent treaty, and then dislocation from their homelands in the southeast, Cherokees not only survived but prevailed. Reflectively, Theda Perdue and Michael Green have summarized the complexity and cunning complicity surrounding the 1838-9 infamous Cherokee displacement known as the Trail of Tears, adding to the scholarship of Tim Garrison, Gary Moulton, Walter Conser, Mary Young, and the late William G. McLoughlin.

They juxtapose the remarkable lives of two adversarial Cherokee figures, Major Ridge (along with his son John Ridge, …

Judicial Review And Judicial Duty: The Original Understanding, Nelson Lund

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

Book Review of Law and Judicial Duty. By Philip Hamburger. Harvard University Press, 2008. Pp. xviii + 658. Reviewed by: Nelson Lund

Ezra Pound’S Copyright Statute: Perpetual Rights And The Problem Of Heirs, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Justice Sutherland Reconsidered, 62 Vand. L. Rev. 639 (2009), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury

UIC Review of Intellectual Property Law

The Emirate of Dubai has, as a result of deliberate policy actions, been able to reinvigorate, indeed to reinvent, its Intellectual Property Potential. That is to say Dubai has boosted its ability to be the originator (and creator) of intellectual property subject-matter, rather than merely a consumer thereof. Dubai has achieved the two conditions through which an intellectual property régime becomes a valuable national asset for a country with an initially low Intellectual Property Potential; namely a structured regulatory framework coupled with effective infrastructure- related action. Dubai's undertakings in the intellectual property sphere go to show that even a country …

Why And How To Teach Federal Courts Today, Richard H. Fallon Jr.

Saint Louis University Law Journal

No abstract provided.

The Failure Of Adversarial Process In The Administrative State, Bryan T. Camp

Indiana Law Journal

No abstract provided.

Is Cyberprostitution Prostitution? New Paradigm, Old Crime, Brooke Campbell

Studio for Law and Culture

In any given industry, machines are rapidly replacing workers. Alternately celebrated as the liberation of the worker from the grind and peril of manual labor and lamented as the condemnation of the worker to lowered wages and/or the effeteness of unemployment, so-called “advances” in technology problematically recast the labor-capital relation as a human-machine relation. What does this process look like in the context of a criminalized industry like the sex industry? In this paper, I examine the way in which cyberprostitution — ostensibly, an advance in the technology of communication — places the conceptual terrain of prostitution into question. For …

Europeanization As A Process: Thoughts On The Europeanization Of Private Law, Christian Joerges

Faculty Scholarship

Professor Christian Joerges delivered the Second Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2003 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. Professor Joerges puts forth a three part thesis concerning the “Europeanization of Private Law”, the process by which the European Community influences the legal and political policies of its member states within a framework of transnational cooperation. Joerges first establishes the eroding importance of the idea that legal systems operating at the national level fulfill the goals of …

The New Legal Pluralism, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Scholars studying interactions among multiple communities have often used the term legal pluralism to describe the inevitable intermingling of normative systems that results from these interactions. In recent years, a new application of pluralist insights has emerged in the international and transnational realm. This review aims to survey and help define this emerging field of global legal pluralism. I begin by briefly describing sites for pluralism research, both old and new. Then I discuss how pluralism has come to be seen as an attractive analytical framework for those interested in studying law on the world stage. Finally, I identify advantages …

The Founding Fathers Reconsidered, Richard B. Bernstein

Books

Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen.

In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its …

Gustavus Schmidt, The Civil Law Of Spain And Mexico, Agustín Parise

Journal of Civil Law Studies

No abstract provided.

A Tale Of Two Lochners: The Untold History Of Substantive Due Process And The Idea Of Fundamental Rights, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

To say that the Supreme Court's decision in Lochner v. New York is infamous is an understatement. Scholars remember Lochner for its strong right to contract and laissez-faire ideals--at least that is the conventional account of the case. Whether one concludes that Lochner leads to the judicial activism of Roe v. Wade, or foreshadows strong property rights, the standard account depends upon an important assumption: that the Lochner era's conception of fundamental rights parallels that of today. From that assumption, it appears to follow that Lochner symbolizes the grave political dangers of substantive due process, with its "repulsive connotation …

Against Textualism, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Modern textualists have assumed that careful attention to constitutional text is the key to the recovery of the Constitution's original public meaning. This article challenges that assumption by showing the importance of nontextual factors in early constitutional interpretation. The Founding generation consistently relied on structural concerns, policy, ratifiers' and drafters' intent, and broad principles of government. To exclude such nontextual factors from constitutional interpretation is to depart from original public meaning because the Founders gave these factors great weight in ascertaining meaning. Moreover, for a modern judge seeking to apply original public meaning, the threshold question is not simply; "How …

Intellectual Property And The Politics Of Emerging Technology: Inventors, Citizens, And Powers To Shape The Future, Stephen Hilgartner

Chicago-Kent Law Review

This article argues that there is a mismatch between traditional intellectual property doctrine and the politics of intellectual property today. To examine the nature of the mismatch, I contrast two frameworks that both appear in contemporary debate about intellectual property: the traditional discourse, which focuses on innovation policy, and a newer, less clearly codified discourse that views intellectual property issues from the perspective of the politics of technology. This latter discourse focuses on the challenge of democratic governance in a world where emerging technologies have assumed a central role in constituting the future, raising far-reaching questions about how they should …

Daniel Defoe And The Written Constitution, Bernadette Meyler

Cornell Law Faculty Publications

Today, as constitutionalism spreads around the globe, it is embodied de rigueur in written documents. Even places that sustained polities for centuries without a written constitution have begun to succumb to the lure of writtenness. America, we think, spawned this worldwide force, inaugurating a radically new form of political organization when it adopted the U.S. Constitution as its foundational text. Yet the notion of the written constitution had, in fact, received an earlier imprimatur from the pen of Daniel Defoe, English novelist, political pamphleteer, and secret agent. Plying his trades in the early eighteenth century, Defoe, now known largely as …

Race To Judgment: Stereotyping Media And Criminal Defendants, Robert M. Entman, Kimberly A. Gross

Law and Contemporary Problems

No abstract provided.

Language And Domination: The Word “Indian” And Its Use In The First Years Of The Republic In Colombia, Gina Cabarcas Macía

FIU Law Review

No abstract provided.

Natural Resource Sustainability From The Geographical Side Of Ecological Economics, Christopher L. Lant

Tulsa Law Review

No abstract provided.

Are New Jersey Lawmakers Taking Maxwell's Silver Hammer Away From Homebuilders? Assessing The Effectiveness Of The Upcoming Amendments To The New Jersey New Home Warranty And Builders' Registration Act, James Cotton

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

“A Rank Usurpation Of Power”—The Role Of Patriarchal Religion And Culture In The Subordination Of Women, Gila Stopler

Duke Journal of Gender Law & Policy

No abstract provided.

Finally Heard: A Rhetorical Look At The 1971 Pharr Riot, Christina Garza

Theses and Dissertations - UTB/UTPA

This article attempts to view the 1971 Pharr riot through a rhetorical lens in an effort to understand the social roles that Mexican-Americans took throughout the city's history. Using David Zarefsky's essay, "Four Senses of Rhetorical History," and his concepts of rhetorical history, this article will examine the history of Pharr and attempt to understand the role that the Mexican-American population played in the city's inception. It will attempt to interpret the oral history of those that lived through the riot, understand what it reveals about Pharr and its inhabitants, rhetorically analyze the press and what was being written in …

What Interests Are Served When Academic Law Library Directors Are Tenured Law Faculty? An Analysis And Proposal, Spencer L. Simons

Journal of Legal Education

No abstract provided.

The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young

Georgetown Environmental Law & Policy Institute Papers & Reports

This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies …

Exploded Dream: Desegregation In The Memphis City Schools, Daniel Kiel

Minnesota Journal of Law & Inequality

No abstract provided.

Legal Writing: Did Harvard Get It Right?, Laurel Currie Oates

Mercer Law Review

For most law students, there is a moment when, in frustration or exhaustion, they throw up their hands and scream, "There must be a better way." While many of the cases in the casebooks are interesting, learning the law one case at a time seems, at best, inefficient, and at worst, just plain stupid. Wouldn't it be much easier, and better, if law schools used the same pedagogy that is used in many other disciplines: reading assignments, lectures, and exams that test whether students have learned the information set out in those textbooks and lectures?

When students question law school …