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Articles 1 - 11 of 11
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Lobbying Disclosure: A Recipe For Reform, William Luneburg, Thomas Susman
Lobbying Disclosure: A Recipe For Reform, William Luneburg, Thomas Susman
Articles
In deterring corruption in lobbying, both disclosure and regulation may be appropriate tools. The 1995 federal Lobbying Disclosure Act, however, should be overhauled if it is to meet its objective of providing “effective public disclosure of the identity and extent of the efforts of paid lobbyists to influence Federal officials.” Recommendations for reform include increasing the amount of usable information reported (including reporting spending for grassroots lobbying), improving enforcement of the LDA, and enhancing public availability of lobbying information.
Race, Religion And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor
Race, Religion And Law: The Tension Between Spirit And Its Institutionalization, George H. Taylor
Articles
My reflections flow from some recent writings by the critical race scholar Derrick Bell. Bell acknowledges that in prior work he has focused on the "the economic, political, and cultural dimensions of racism" but now suggests the possibility of a "deeper foundation" arising from the conjunction that "[m]ost racists are also Christians." This statement is Bell at his best: at once both extremely provocative and extremely unsettling. I want to explore and develop two aspects of Bell's argument.
First, if we want to examine and understand the many dimensions of racism, it is not enough to employ economic, political, or …
Freeing Racial Harassment From The Sexual Harassment Model, Pat K. Chew
Freeing Racial Harassment From The Sexual Harassment Model, Pat K. Chew
Articles
Judges, academics, and lawyers alike base their legal analyses of workplace racial harassment on the sexual harassment model. Legal principles derived from sexual harassment jurisprudence are presumed to be equally appropriate for racial harassment cases. The implicit assumption is that the social harms and public policy goals of racial harassment and sexual harassment are sufficiently similar to justify analogous scrutiny and remedies. Parties to racial harassment cases cite the reasoning and elements of sexual harassment cases without hesitation, as if racial harassment and sexual harassment are behaviorally and legally indistinguishable.
This Article, however, questions the assumption that there should be …
Unwrapping Racial Harassment Law, Pat K. Chew
Unwrapping Racial Harassment Law, Pat K. Chew
Articles
This article is based on a pioneering empirical study of racial harassment in the workplace in which we statistically analyze federal court opinions from 1976 to 2002. Part I offers an overview of racial harassment law and research, noting its common origin with and its close dependence upon sexual harassment legal jurisprudence. In order to put the study's analysis in context, Part I describes the dispute resolution process from which racial harassment cases arise.
Parts II and III present a clear picture of how racial harassment law has played out in the courts - who are the plaintiffs and defendants, …
Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring
Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring
Articles
This article brings behavioral biology research on attitude similarity as a kinship cue to bear on the laws, policies, and practices surrounding the placement of children in foster care. The basic logic of the article relies on the nature and power of kinship cues. Individuals perceive others as kin through fallible, often unconscious mechanisms. Because these mechanisms are fallible, individuals may come to believe that unrelated persons are kin.
Once a cue gives rise to the perception of kinship, the individual who acquires this perception about another person is more likely to treat that other person favorably, providing important benefits …
Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand
Cisg Article 31: When Substantive Law Rules Affect Jurisdictional Results, Ronald A. Brand
Articles
No abstract provided.
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Articles
Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …
Computer Models For Legal Prediction, Kevin D. Ashley, Stephanie Bruninghaus
Computer Models For Legal Prediction, Kevin D. Ashley, Stephanie Bruninghaus
Articles
Computerized algorithms for predicting the outcomes of legal problems can extract and present information from particular databases of cases to guide the legal analysis of new problems. They can have practical value despite the limitations that make reliance on predictions risky for other real-world purposes such as estimating settlement values. An algorithm's ability to generate reasonable legal arguments also is important. In this article, computerized prediction algorithms are compared not only in terms of accuracy, but also in terms of their ability to explain predictions and to integrate predictions and arguments. Our approach, the Issue-Based Prediction algorithm, is a program …
Social Software, Groups, And Governance, Michael J. Madison
Social Software, Groups, And Governance, Michael J. Madison
Articles
Formal groups play an important role in the law. Informal groups largely lie outside it. Should the law be more attentive to informal groups? The paper argues that this and related questions are appearing more frequently as a number of computer technologies, which I collect under the heading social software, increase the salience of groups. In turn, that salience raises important questions about both the significance and the benefits of informal groups. The paper suggests that there may be important social benefits associated with informal groups, and that the law should move towards a framework for encouraging and recognizing them. …
The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison
Articles
This Essay was written as part of a Symposium on open access publishing for legal scholarship. It makes the claim that open access publishing models will succeed, or not, to the extent that they account for the existing economy of prestige that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy - or perhaps especially by them) may facilitate the emergence of a viable open access norm.
Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison
Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison
Articles
This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel's idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin's analysis, basing the critique in part on Gadamer's argument that meaning and application are interrelated and that meaning changes with application. Central to this …