Digital Commons Network^™

Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush

North Dakota Law Review

No abstract provided.

Access And Lobbying: Looking Beyond The Corruption Paradigm, Dorie Apollonio, Bruce E. Cain, Lee Drutman

UC Law Constitutional Quarterly

After a recent spate of lobbying scandals involving Jack Abramoff among others, Congress passed a lobbying and ethics reform bill banning a wide variety of lobbyist-to-legislator gifts. In so doing, it dealt with lobbyist influence primarily as a quid pro quo corruption problem. But a large body of literature suggests that lobbyists have multiple sources of influence that go way beyond what could be considered "corruption." Lobbyists, for example, are valuable sources of expertise and information, and are often old trusted friends and advisors to key political decision-makers. Even if all money and gifts were banned, lobbyists would likely still …

Manipulating Public Debate: Using The Patriot Act To Keep Out Foreign Scholars, Hasan Z. Mansori

St. Thomas Law Review

This paper will argue that the new exclusion provision violates the First Amendment right to receive information and ideas by "blacklisting" foreigners who express disfavored political views. The Bush Administration has routinely utilized its powers to stifle dissent and to manipulate the public debate over political issues. This signifies a reemergence of the system of ideological exclusion prevalent during the Cold War. By preventing foreign scholars, poets, artists, musicians, and others with unique talents and perspectives from entering our borders, the government restricts public access to such views and information in contravention of the First Amendment. First, this paper will …

Moving Beyond Markets And Minimalism: Democracy In The Era Of Globalization, Richard Burchill

Human Rights & Human Welfare

A review of:

Democracy as Human Rights: Freedom and Equality in the Age of Globalization by Michael Goodhart. London: Routledge, 2005.

Two Major Flaws Of The Animal Rights Movement, Geordie Duckler

Animal Law Review

In its current guise, animal rights advocacy imposes few intellectual demands on its proponents, usually requiring little more than a colorful Web site and a college dictionary, the former to construct an audience, and the latter to provide the emotion-laden phrases needed to inflame that audience into supporting stringent penalties for animal-related crimes. Hard thought is not really essential for animal rights advocates to be able to proclaim an end to animal abuse or an allegiance to easing animal suffering, and the standard advocate toolkit simply need not include “rational legal analysis” among the apparatus utilized to rail against mistreatment, …

Daniel Defoe And The Written Constitution, Bernadette Meyler

Cornell Law Review

No abstract provided.

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the family …

Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert

Articles

Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.

Silent Partners: The Role Of Unpaid Market Labor In Families, Lisa Philipps

Articles & Book Chapters

The term 'unpaid market labor' refers to the direct contributions of unpaid family members to market work that officially belongs to another member of the household. Thus one individual may be construed legally as an owner or entrepreneur, but relatives may help out informally with business operations. Likewise, in corporate or public-service settings, certain employees rely on the unpaid help of an executive spouse or political wife. This paper argues that unpaid market labor is conceptually distinct from both paid work and unpaid domestic labor. Legal cases from Canada are used to illustrate the policy implications of this insight and …

The French Intrigue Of James Cole Mountflorence, Jud Campbell

Law Faculty Publications

In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …

Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Air In The Balloon: Further Notes On Catholic And Jesuit Identity In Legal Education, John M. Breen

Faculty Publications & Other Works

No abstract provided.

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Blood Relations: Collective Memory, Cultural Trauma, & The Prosecution & Execution Of Timothy Mcveigh, Jody Lynee Madeira

Articles by Maurer Faculty

In the aftermath of the Oklahoma City bombing, processes of reconstruction - remembering victims, caring for family members and survivors, and punishing the perpetrators - began even as debris from the Murrah Federal Building was being cleared. Based on conclusions obtained from intensive interviews with 27 victims' family members and survivors, this article explores how memory of the bombing as a culturally traumatic event was constructed through participation in groups formed after the bombing and participation in the legal proceedings against perpetrators Timothy McVeigh and Terry Nichols. These acts cultivated the formation of various relationships - between family members and …

Did Harvard Get It Right?, Laurel Oates

Faculty Articles

This article grapples with whether Harvard’s adoption of the casebook method over 150 years ago was correct. It contrasts the reading of judicial decisions for principles with the pedagogy of other disciplines: reading assignments, lectures, and exams that test whether students have learned the information set out in those textbooks and lectures. It details recent research from educational psychologies suggesting that the casebook method is not particularly effective in helping students learn either the law or to how to use the law to solve problems. At the same time, the casebook method may be an extremely effective method of helping …

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Patents: Hiding From History, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This essay considers how patent law doctrine clouds the historical record of technological development. The essay first surveys a recent book that relied heavily on patent records to reexamine acutely the role of intellectual property in economic development, "The Democratization of Invention," by B. Zorina Khan. The essay's second part discusses how patent law today likely distorts patents as primary historical sources. The law encourages an inventor not to accurately disclose her invention and its place in technological development, but rather to submit vague and overbroad invention descriptions and claims. In describing the invention, some case results perversely favor what …

Book Review Of Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Scott Dodson

Faculty Publications

This book review of Jeffrey Morris’s Establishing Justice in Middle America argues that although Morris makes an important contribution to the understudied Court of Appeals for the Eighth Circuit, he fails to engage the reader in the personalities that populated the court, eschews the development of coherent themes running through the court’s membership changes and temporal scope, and omits important cases that helped define the court as an independent judicial body.

A Growing Concern: Modern Slavery And Agricultural Production In Brazil And South Asia, Justin Campbell

Human Rights & Human Welfare

The modern use of slave labor in the production of agriculture takes many forms. In Brazil, the ability of powerful landowners to repress poor workers is an important element of large-scale agricultural production. In South Asia, cultural norms and traditions are used to exploit the most vulnerable communities. In both examples, inequity and poverty are implicit, and debt is a tool used to legitimize bondage.

On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash

Law Faculty Publications

In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …

Patents: Hiding From History, Stephen M. Mcjohn

Santa Clara High Technology Law Journal

No abstract provided.

A Watershed Moment: Reversals Of Tort Theory In The Nineteenth Century, Jed Handelsman Shugerman

Faculty Scholarship

This article offers a new assessment of the stages in the development of fault and strict liability and their justifications in American history. Building from the evidence that a wide majority of state courts adopted Fletcher v. Rylands and strict liability for unnatural or hazardous activities in the late nineteenth century, a watershed moment turns to the surprising reversals in tort ideology in the wake of flooding disasters.

An established view of American tort law is that the fault rule supposedly prevailed over strict liability in the nineteenth century, with some arguing that it was based on instrumental arguments to …

Jesus’ Legal Theory—A Rabbinic Interpretation, Chaim Saiman

Working Paper Series

This article locates the ancient debates between Jesus and the Talmudic rabbis within the discourse of contemporary legal theory. By engaging in a comparative reading of both Gospel and rabbinic texts, I show how Jesus and his rabbinic interlocutors sparred over questions we now conceptualize as the central concerns of jurisprudence. Whereas the rabbis approach theological, ethical and moral issues through an analytical, lawyerly interpretation of a dense network of legal rules, Jesus openly questions whether law is the appropriate medium to structure social relationships and resolve interpersonal conflicts. Through an examination of Talmudic sources, this paper argues the controversies …

Closing The Border And Opening The Door: Mobility, Adjustment, And The Sequencing Of Reform, Timothy A. Canova

Faculty Scholarship

Since the enactment of the North American Free Trade Agreement (NAFTA), the U.S.-Mexico border has become increasingly open for trade and private investment. But for the movement of people it is a Porous Border. Meanwhile, Open Border proposals are unpopular and unrealistic due to concerns about national security and the economic impact of low-wage immigrant labor. Discussion is now dominated by Closed Border proposals to build a wall and further militarize the 2000-mile border. Each of these paradigms - the Closed Border, Open Border, and today's Porous Border - fails to address the painful dislocations in Mexican society that inevitably …

Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss

Chicago-Kent Law Review

No abstract provided.

Criminal Law Beyond The State: Popular Trials On The Frontier, Andrea Mcdowell

BYU Law Review

No abstract provided.

Twining's Complaint, Dennis Patterson

University of Miami International and Comparative Law Review

No abstract provided.

The Social Significance Of The World's First Women Lawyers, Fiona M. Kay

Osgoode Hall Law Journal

No abstract provided.

At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Desautels-Stein

ExpressO

This article has two primary goals. The first is descriptive, and seeks to respond to what appears to be an increasing degree of confusion over the word “pragmatism,” especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called “everyday” pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the article is subsequently concerned with exploring this last category, …