Digital Commons Network^™

The Double Movement Of National Origin Discrimination, Aziz Huq

University of Chicago Law Review

Jose Figueroa’s case presented “little out of the ordinary” for the federal courts¹. His was a “multimillion-dollar” drug operation run out of Wisconsin that fell apart when a dealer and a partner flipped and gave testimony for the government.² Only in the closing moments of sentencing ³ did Figueroa’s case take an unusual turn, one that would in due course elicit an unusual opinion from Judge Diane Wood of the Seventh Circuit Court of Appeals. In the process of assigning Figueroa to the “low end of Figueroa’s advisory guidelines range,” ⁴ District Court Judge Rudolph T. Randa …

Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl

North Carolina Law Review

No abstract provided.

Eager To Follow: Methodological Precedent In Statutory Interpretation, Aaron-Andrew P. Bruhl

Faculty Publications

An important recent development in the field of statutory interpretation is the emergence of a movement calling for "methodological precedent"--a regime under which courts give precedential effect to interpretive methodology. In such a system, a case would establish not only what a particular statute means but could also establish binding rules of methodology--which tools are valid, in what order, and so on. The movement for methodological precedent has attracted sharp criticism on normative grounds. But both sides of the normative debate agree on the premise that the federal courts generally do not give precedential effect to interpretive methodology today.

This …

A Formalist Theory Of Contract Law Adjudication, Felipe Jiménez

Utah Law Review

Formalism has a bad name. It is often seen as a naïve and unsophisticated approach to the adjudication of legal disputes. This negative view of formalism is widespread in American legal culture and has been particularly influential in contract law. This Article challenges this prevailing view and argues that a formalist theory of adjudication is the best approach to resolve contractual disputes.

The argument of this Article starts from the assumption that contract law is not morally justified because of its enforcement of promissory rights or some other dimension of interpersonal morality. Instead, like contemporary law and economics, this Article …

Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger

Journal of Food Law & Policy

In response to the limitations of socialism and capitalism in meeting basic needs, this article explores the alternative version of modernity offered in post-Soviet Ukraine and its agriculture. Tracing a century of fundamental transformations through the story of milk, it finds a history that troubles universalized framings of indigeneity and colonialism. This article argues that under socialism milk became a product of collectivized effort and a reservoir of household resilience; and then, with post-Soviet disintegration of some forms of collective life and emergence of others, that milk has come to delineate spheres of both collective action and individual striving. This …

The Student Loan Bankruptcy Gap, Jason Iuliano

Duke Law Journal

Each year, a quarter of a million student loan debtors file for bankruptcy. Of those, fewer than three hundred discharge their educational debt. That is a success rate of just 0.1 percent. This chasm between success and failure is the titular “Student Loan Bankruptcy Gap,” and it is a phenomenon that is unprecedented in the law.

Drawing upon an original dataset of nearly five hundred adversary proceedings, this Article examines three key facets of the Student Loan Bankruptcy Gap. First, it establishes the true breadth of the gap. Second, it explores why the gap has persisted for more than two …

Formal And Informal Constitutional Amendment, Mortimer N.S. Sellers

All Faculty Scholarship

The constitutional search for greater justice is the animating principle that guides or should guide constitutional amendment and constitutional change whenever and wherever it occurs. Almost all states and governments formally declare their constitutional commitment to justice, liberty, and the rule of law. Yet reports on constitutional amendment from nations throughout the world remind us that we live at a moment of constitutional peril. The general trend of constitutional government in many states has been towards greater corruption, violence, and arbitrary action. This illustrates the dual and parallel importance of constitutional principles and constitutional structures in securing the rule of …

Technologies Of Language Meet Ideologies Of Law, Anya Bernstein

Journal Articles

No abstract provided.

Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters

Faculty Scholarship

Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …

Faculty List

Tulsa Law Review

No abstract provided.

A Louisiana Theory Of Juridical Acts, Nikolaos A. Davrados

Louisiana Law Review

The article examines the concept of juridical act from both a comparative and Louisiana law perspective to establish the validity of the general theory of juridical acts and to determine the useful components drawn from each system.

Intellectual Property Rights And The Rule Of Law, Jorge L. Contreras

Utah Law Faculty Scholarship

The subject of this conference is the “Rule of Law”, so I would like to address my opening comments to a trending narrative that casts opposition to the demands of patent holders as a form of lawlessness. This narrative specifically takes aim at a practice that has been termed “efficient infringement” – the idea that a firm may rationally decide to infringe patents either because it will be too costly for the patent holder to enforce its rights in court, or because it is happy to take its chances in court, where an asserted patent may be invalidated and where …

Making Sense Of Nonsense Jurisprudence, Dan Priel

All Papers

Did Ronald Dworkin think morality is timeless? He did not. But he did think it was universal, right? No to that as well. Turning to jurisprudence, did he think that morality is a criterion of legal validity? No. But he thought morality is part of the law, didn’t he? Not quite. How can you say this? Is it not obvious that Dworkin was not a legal positivist? In that case, he must have been a natural lawyer. Actually, he was neither. So you’re saying that Dworkin invented a new theory of law? No, his views are a version of a …

Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The "War On Terror", Bruce Ching

Journal Articles

This article examines persuasive statements by Presidents George W. Bush, Barack Obama, and Donald Trump involving appeals to national identity as a rhetorical foundation for anti-terrorism policy since 9/11. Their specific rhetorical methods have included the use of memorable catchphrases, alliteration, metaphorical framing, and contrast between values of the United States and those of the terrorists. President Bush focused on rallying the nation’s response against the perpetrators of the 9/11 attacks, identifying the U.S. with “freedom itself” and invoking the phrase “War on Terror.” President Obama emphasized the importance of the nation’s values while denouncing the Bush administration’s torture of …

Echoes Of 9/11: Rhetorical Analysis Of Presidential Statements In The “War On Terror”, Bruce Ching

Seton Hall Law Review

No abstract provided.

Understanding Myanmar’S Buddhist Extremists: Some Preliminary Musings, Kumar Ramakrishna

New England Journal of Public Policy

This article examines Buddhist extremism in Myanmar. It argues that Buddhist extremism—like other types of religious extremism—is an acute form of fundamentalism. The article begins with a survey of how extremism is usually understood in the theoretical literature, showing that its religious variant is best conceived of as an acute form of fundamentalism. It then fine tunes this understanding, arguing that religious extremism is a fundamentalist belief system that justifies structural violence against relevant out-groups. The article outlines seven core characteristics of the religious extremist culled from the various theoretical approaches to extremism. It employs these seven characteristics to examine …

Build A Job Satisfaction Scale From The Views Of Aau Academic Staff In According With The Item Response Theory, Mohammed Marshoud

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aimed to build a job satisfaction scale from the views of AAU academic staff in according with the item response theory, where the population study consisted of all academic members at Al-Ahliyya Amman University (AAU) for the year (2018/2017), and they approximately reach (257) academic members, the sample consisted of (154) academic members, which constituted 60 of the original study population, (92) males and (62) females who were randomly selected. The study tool was designed and built based on theoretical literature and scales on measuring job satisfaction at universities. the study tool consisted of (60) items which were …

Annual Report Of The Indiana Universiy Maurer School Of Law Digital Repository, 2019/20, Richard Vaughan

Digital Repository Annual Reports

A brief annual report documenting the use and growth of the Indiana University Maurer School of Law, Jerome Hall Law Library, Digital Repository. Includes lists of the most downloaded documents and attached Excel spreadsheets of data

“Alternative Method Required” And The Injection Of Imaginary Language Into The Missouri Constitution, Calla M. Mears

Missouri Law Review

Mike Kehoe was appointed to Lieutenant Governor of Missouri in 2018 after Michael Parson became Governor of Missouri following the resignation of Eric Greitens.1 A lawsuit raising interesting questions about the constitutional process for filling public office vacancies quickly followed the appointment of Lieutenant Governor Kehoe.2 Article IV, Section 4 of the Missouri Constitution states: “The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified.”3 First, what exactly does the phrase “unless otherwise provided by law” mean in the context of …

Fun With Reverse Ejusdem Generis, Jay D. Wexler

Faculty Scholarship

In the canon of statutory construction canons, perhaps no canon is more canonical than the canon known as ejusdem generis. This canon, which translates as “of the same kind,” states that when a statute includes a list of terms and a catch-all phrase, the set of items covered by the catch-all phrase is limited to the same kind or type of items that are in the list. The canon of ejusdem generis has a long and storied history in the law, has been used by judges in countless cases, and has been the subject of a large body of scholarly …

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Phinate Chona V Zesco Limited Caz Appeal No. 66/2019, Chanda Chungu

SAIPAR Case Review

No abstract provided.

In Defense Of Immutability, Nicholas Serafin

BYU Law Review

Over the last forty years, the concept of immutability has been central to Equal Protection doctrine. According to current doctrine, a trait is immutable if it is beyond the power of an individual to change or if it is fundamental to personal identity. A trait that meets either of these criteria receives heightened legal protection under constitutional antidiscrimination law. Yet most legal scholars who have addressed the topic have called for the abandonment of the immutability criterion on the grounds that the immutability criterion is conceptually confused, morally indefensible, and bound to stigmatize subordinate groups.

A rejection of the immutability …

The Ai Author In Litigation, Julie Cromer Young

Law Faculty Scholarship

In The AI Author in Litigation, Yvette Joy Liebesman and Julie Cromer Young examine whether an autonomous, emancipated artificial intelligence (AI) can meaningfully function as an “author” under the Copyright Act when subjected to the procedural realities of litigation. Moving beyond doctrinal debates over originality and creativity, the Article focuses on the practical and constitutional barriers that arise if an AI is treated as a legal author capable of suing or being sued. The authors analyze challenges involving personal jurisdiction, service of process, standing, discovery, due process, and the availability of remedies such as damages and injunctions. They argue …

Corporations And The Original Meaning Of “Citizens” In Article Iii, Mark Moller, Lawrence B. Solum

UC Law Journal

Article III confers the judicial power of the United States over controversies between “citizens” of different states. In Section 1332(c) of Title 28 of the United States Code, Congress has provided that for the purposes of diversity jurisdiction, corporations are citizens of the state in which they are incorporated and the state in which their principal place of business is located. This raises the question whether corporations are citizens within the original public meaning of Article III of the Constitution. This Article demonstrates that in 1787 the word “citizen” referred only to natural persons and therefore that corporations cannot be …

The Style Of Translation In George Orwell’S Masterpiece “1984” Between English Sl And Albanian Tl Language, Redi Papa

UBT International Conference

The main purpose of this paper is to provide an all-embracing approach with respect to the style and method of translation between English and Albanian versions of George Orwell’s masterpiece “1984”. Among others, it is worth pointing out that the underlying peculiarity of translating literary or so-called non-fiction texts is that of explaining the cultural context, translator foreword may be at a high degree permissible. Consequently it leads to a close relation author-translator-reader relationship. The style is of “1984”, is at a large extent an emotional one. The style primarily reflects on the gist of this masterpiece and strives to …

9th International Conference On Business, Technology And Innovation 2020, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2020

UBT Annual International Conference is the 9th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

International Conference On Law, University For Business And Technology - Ubt

UBT International Conference

UBT Annual International Conference is the 9th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make them be aware of the recent …

Reflections On Breen & Strang's A Light Unseen: A History Of Catholic Legal Education In The United States, Angela C. Carmella

Journal of Catholic Legal Studies

(Excerpt)

In A Light Unseen: A History of Catholic Legal Education in the United States, Professor John Breen and Professor Lee Strang have undertaken a monumental task and have produced an impressive book, particularly with respect to the fascinating history of the development of Catholic legal education. They provide a thoughtful consideration of how Catholic law schools can be more distinctively Catholic and make a strong case for the critical need for more explicit curricular and scholarly integration of the Catholic intellectual tradition. In this Essay, I make suggestions in three areas: (1) on the record regarding failed efforts …

Access For The Future: Improving Maine's Implementation Of The Public Trust Doctrine Through Municipal Controls To Ensure Coastal Access For Continuing Benefit To Maine's People And Economy, Allison M. Kuhns

Ocean and Coastal Law Journal

The public trust doctrine generally guarantees the public access to the shoreline, which is held in trust for the public by the state. In Maine, a pre-Revolutionary War ordinance limits the public trust doctrine by granting private landowners rights to the same shoreline areas. Access to the shoreline area is subject to frequent legal battles and court decisions have not cured the conflict between the public's rights and the private landowners' rights. Maine's economy relies heavily on public access to the shoreline. This comment suggests that the public's rights should be protected. First, the public trust doctrine does not violate …