Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (1902)
- Social and Behavioral Sciences (235)
- Constitutional Law (197)
- Courts (147)
- Civil Rights and Discrimination (145)
-
- Supreme Court of the United States (120)
- Law and Society (90)
- International Law (84)
- Health Law and Policy (83)
- Legal Education (78)
- Intellectual Property Law (77)
- Business (76)
- Arts and Humanities (74)
- Criminal Law (71)
- Human Rights Law (70)
- Civil Procedure (69)
- Sociology (67)
- Criminal Procedure (65)
- Political Science (63)
- Immigration Law (61)
- Legal Profession (61)
- First Amendment (58)
- Legal History (57)
- Physical Sciences and Mathematics (57)
- Judges (56)
- Medicine and Health Sciences (55)
- Privacy Law (53)
- Legal Ethics and Professional Responsibility (52)
- Environmental Law (50)
- Business Organizations Law (47)
- Institution
- Keyword
-
- St. Mary's University School of Law (319)
- St. Mary’s University School of Law (199)
- Supreme Court (105)
- Vincent Johnson (40)
- First Amendment (39)
-
- Legal ethics (33)
- Constitutional law (32)
- Michael Ariens (32)
- Privacy (32)
- United States Supreme Court (30)
- Human rights (29)
- Jr. (28)
- Congress (27)
- Michael L. Smith (27)
- United States (27)
- Jeffrey Addicott (26)
- Immigration (25)
- Legal education (25)
- Ethics (24)
- Fourth amendment (24)
- Texas Supreme Court (24)
- United States Constitution (24)
- Jurisprudence (23)
- Legal profession (23)
- Constitution (22)
- Discrimination (22)
- Inc. (22)
- American Bar Association (21)
- Civil rights (21)
- American legal history (20)
- Publication Year
- File Type
Articles 361 - 390 of 3470
Full-Text Articles in Entire DC Network
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Teaching Cultural Competence In Law School Curricula: An Essential Step To Facilitate Diversity, Phyllis C. Taite, Nicola Boothe
Faculty Articles
No abstract provided.
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
On Florida Law, Language, And Alcohol Use Disorder, Stacey A. Tovino
Faculty Articles
No abstract provided.
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Faculty Articles
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live. Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
Appraisal Rights And "Fair Value", Steven Cleveland
Appraisal Rights And "Fair Value", Steven Cleveland
Faculty Articles
Appraisal rights (or dissenter's rights) entitle a shareholder to the judicially determined "fair value" of her shares upon the occurrence of a merger that she does not support. Once a quiet corner of corporate law, appraisal rights have recently given rise to significant litigation and a growing body of scholarship. Whereas existing scholarship commonly has focused on improvements to be implemented by the judiciary, I propose a legislative improvement. In appraising "fair value," courts have failed to give force to the legislative mandate to "exclude any element of value arising from the accomplishment or expectation of the merger," which has …
Shadow Dockets Lite, Hayley Stillwell
Shadow Dockets Lite, Hayley Stillwell
Faculty Articles
Inherent to the role of judges is the obligation to explain themselves and to create precedent—which is why the U.S. Supreme Court’s “shadow docket” has recently garnered ample criticism. Unfortunately, other courts share these deficiencies. Oklahoma Supreme Court justices often decline to vote without explanation. They also note their disagreement with some or all of an opinion, but fail to explain why. Tenth Circuit Court of Appeals judges decide whether an opinion is unpublished—and thus nonprecedential—without explanation. These practices are “shadow dockets lite” because they are more consistent with the role of judges than the Supreme Court’s shadow docket, but …
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
The Field Of State Civil Courts, Anna Carpenter, Alyx Mark, Colleen Shanahan, Jessica Steinberg
Faculty Articles
This symposium Issue of the Columbia Law Review marks a moment of convergence and opportunity for an emerging field of legal scholarship focused on America’s state civil trial courts. Historically, legal scholarship has treated state civil courts as, at best, a mere footnote in conversations about civil law and procedure, federalism, and judicial behavior. But the status quo is shifting. As this Issue demonstrates, legal scholars are examining our most common civil courts as sites for understanding law, legal institutions, and how people experience civil justice. This engagement is essential for inquiries into how courts shape and respond to social …
The Cost Of Unstable Property: Oil, Gas, And Other Confusing Mineral Interests, Chad J. Pomeroy
The Cost Of Unstable Property: Oil, Gas, And Other Confusing Mineral Interests, Chad J. Pomeroy
Faculty Articles
Most people think of property as a thing: a chunk of land or a piece of personal property. Most lawyers, hopefully, have a more sophisticated view and think of property as a set of rights that exists with respect to a thing and governs how one interacts with that thing vis-a-vis other people. But even that nuance is not refined enough for an oil and gas lawyer. Such a practitioner does, of course, view ownership as a set of rights, but the thing at hand is not just a piece of real property or the part of the land that …
A Tale Of Four Decades: Lessons From Uspto Trademark Prosecution Data, Deborah Gerhardt, Jon J. Lee
A Tale Of Four Decades: Lessons From Uspto Trademark Prosecution Data, Deborah Gerhardt, Jon J. Lee
Faculty Articles
No abstract provided.
The Fourth Amendment In The Age Of Autonomous Vehicles, Tracy Hresko Pearl
The Fourth Amendment In The Age Of Autonomous Vehicles, Tracy Hresko Pearl
Faculty Articles
Autonomous vehicles exist at the intersection of two extremely turbulent areas of Fourth Amendment jurisprudence—traffic stops and emerging technologies—and have implications for virtually every major search and seizure doctrine developed over the last century. Complicating matters even further is the fact that car manufacturers are developing these vehicles at varying rates, meaning that vehicles with differing levels of automation are being introduced onto the consumer market at different (and often unpredictable) times. Each level of vehicle automation, in turn, poses unique issues for law enforcement. Semi-autonomous (Levels 2 and 3) vehicles make it extremely difficult for police to distinguish between …
Waste And The Governance Of Private And Public Property, Tara Righetti, Joseph Schremmer
Waste And The Governance Of Private And Public Property, Tara Righetti, Joseph Schremmer
Faculty Articles
Common law waste doctrine is often overlooked as antiquated and irrelevant to modern law as a result of contract, corporate law, trust and estate planning, and public law. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just an historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of property law generally, both common law and statutory, as well as the law governing oil and gas, water, and public trust resources. Seen for what it is, the …
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Malicious Prosecution As Undue Process: A Fourteenth Amendment Theory Of Malicious Prosecution, Timothy Tymkovich, Hayley Stillwell
Faculty Articles
Section 1983 is not itself a source of constitutional rights, but is instead merely a vehicle to vindicate constitutional rights that independently exist. But since the Supreme Court advised in dictum that actions pursuant to § 1983 should be read against the background of tort liability, § 1983 actions based on malicious prosecution have sparked disagreement over where, if anywhere, this cause of action fits within the Constitution. Most recently, the Supreme Court determined that malicious prosecution finds its constitutional home in the Fourth Amendment, so § 1983 claims require a showing of both a Fourth Amendment violation and the …
Convergence & Conflict : Reflections On Global And Regional Human Rights Standards On Hate Speech, Evelyn Aswad, David Kaye
Convergence & Conflict : Reflections On Global And Regional Human Rights Standards On Hate Speech, Evelyn Aswad, David Kaye
Faculty Articles
What is hate speech under international human rights law? And how do key international adjudicators interpret the law governing it? This Article seeks to illuminate two countervailing and under-reported trends: on the one hand, a growing consensus among U.N. experts and treaty bodies concerning interpretations of “hate speech” prohibitions in international law; and on the other, a failure of several regional human rights bodies to develop approaches to hate speech that are consistent with the U.N.’s universal standards. The Article begins by analyzing the U.N.’s approach to freedom of expression and hate speech and examining how, in the last decade, …
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
The Democratic (Il)Legitimacy Of Assembly-Line Litigation, Jessica Steinberg, Colleen Shanahan, Anna Carpenter, Alyx Mark
Faculty Articles
In response to Daniel Wilf-Townsend’s Assembly-Line Plaintiffs we take a panoramic picture of state civil courts, and debt cases in particular, and name specific features of the courts that must be taken into account in crafting reform prescriptions. In doing so, we question both the democratic legitimacy of debt collection courts and the adequacy of incremental reform that targets the structure of litigation. Part I contributes two critical components to Wilf-Townsend’s rich description of consumer debt cases: pervasive intersectional inequality among pro se defendants and a record of fraud among top filers. We add a sharper focus on the racial, …
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
The Institutional Mismatch Of State Civil Courts, Colleen Shanahan, Jessica Steinberg, Alyx Mark, Anna Carpenter
Faculty Articles
State civil courts are central institutions in American democracy. Though designed for dispute resolution, these courts function as emergency rooms for social needs in the face of the failure of the legislative and executive branches to disrupt or mitigate inequality. We reconsider national case data to analyze the presence of social needs in state civil cases. We then use original data from courtroom observation and interviews to theorize how state civil courts grapple with the mismatch between the social needs people bring to these courts and their institutional design. This institutional mismatch leads to two roles of state civil courts …
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
The Million-Dollar Diversity Docket, Steven Gensler, Roger Michalski
Faculty Articles
What would happen if Congress raised the jurisdictional amount in the diversity jurisdiction statute? Given that it has been almost 25 years since the last increase, we are probably overdue for another one. But to what amount? And with what effect? What would happen if Congress raised the jurisdictional amount from the current $75,000 to $250,000 or, say, $1 million? Using a novel hand-coded data set of pleadings in 2900 cases, we show that the jurisdictional amount is not a neutral throttle. Instead, different areas of law, different parts of the country, and different litigants are more affected by changes …
Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Reconstruction Of The Reasonable Person Standard Under Chinese Patent Law, Weihong Yao, Robert H. Hu
Faculty Articles
The standard of a Reasonable Person is the common basis for determining the duty of care of a patent infringer. Under the Chinese patent law, the standards for Reasonable Manufacturer and Reasonable Importer are among the highest standards in the world; such high Chinese standards impose an excessive duty of care for Chinese manufacturing enterprises, importers, and distributors, which hinder the development of those enterprises. We should reconstruct the Chinese patent law's Reasonable Person standard based on the characteristics of the patent system and the status quo of China's economic production. A Reasonable Manufacturer should be defined as an ordinary …
When Police Discursive Violence Interacts With Intimate Partner Violence, Janet Ainsworth
When Police Discursive Violence Interacts With Intimate Partner Violence, Janet Ainsworth
Faculty Articles
Linguists analyzing the practices of American-style police interrogation have revealed the discursive attributes of police interrogation that can, often unwittingly, induce false confessions from suspects. Further, psychologists have identified a number of factors that can make particular subjects of police interrogation especially vulnerable to false confessions under interrogation. This article suggests that women who have been victims of serial domestic violence may be a heretofore unrecognized class of those particularly vulnerable individuals. Because the psychodynamics of American-style police interrogation so closely parallel the psychodynamics of intimate terroristic domestic violence, victims of domestic violence may react to police interrogation with the …
Tech Giant Exclusion, John B. Kirkwood
Tech Giant Exclusion, John B. Kirkwood
Faculty Articles
There is no topic in regulatory policy that is more pressing and more controversial than what to do about the tech giants – Google, Facebook, Amazon, and Apple. Critics claim that that these powerful platforms crush competitors, distort the political process, and elude antitrust law because it cares only about consumer prices. The only solution, they argue, is to break them up.
This diagnosis is mistaken. The tech giants have indeed engaged in anticompetitive conduct. They have excluded rivals selling products on their platforms by demoting them in search results, copying their products, or refusing to deal with them. While …
Wage Recovery Funds, Elizabeth Ford
Wage Recovery Funds, Elizabeth Ford
Faculty Articles
Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …
The Unintended Consequences Of Term Limits Of Justices Of The U.S. Supreme Court: Lessons From A Comparative Study Of The Indian Supreme Court, Sital Kalantry
The Unintended Consequences Of Term Limits Of Justices Of The U.S. Supreme Court: Lessons From A Comparative Study Of The Indian Supreme Court, Sital Kalantry
Faculty Articles
Much of the scholarship on term limits and its consequences has also failed to engage a rich comparative analysis. Scholars have either made predictions about what would happen if term limits were adopted based on their personal viewpoints or developed hypothetical models or simulations to make predictions about the future. This Article provides an in-depth and contextualized case study of the court system of another common law democracy where judges do not have life tenure. Judges of the ISC are forced to leave the Court at sixty-five years of age. As a result, they have spent less than five years …
An Interest-Convergence Explanation Of The 2020-2022 Conservative Attack On Critical Race Theory: A Comment On Kyle Campbell's Legally Black: Material Constructions Of Race In The Atlantic World, Richard Delgado, Jean Stefancic
An Interest-Convergence Explanation Of The 2020-2022 Conservative Attack On Critical Race Theory: A Comment On Kyle Campbell's Legally Black: Material Constructions Of Race In The Atlantic World, Richard Delgado, Jean Stefancic
Faculty Articles
Scholars such as Derrick Bell and Kyle Campbell have applied materialist tools such as interest convergence in an effort to understand past events such as Brown v. Board of Education or the career of slavery in the Caribbean. Can materialistanalysisalso explain recent events such as the conservative right's 2020-2022 attack on Critical Race Theory? This article suggests that it can and that recent events, such as the pandemic, Trump's electoral defeat, and school closures set the stage for the surprising attack.
Media Paratext And Constitutional Interpretation, Benjamin J. Priester
Media Paratext And Constitutional Interpretation, Benjamin J. Priester
Faculty Articles
In the fields of media studies and fan studies, the concept of paratext is an analytical paradigm for understanding how audiences consume and interpret media texts, such as a novel or movie. Amid today's media-rich society, it is all but impossible to encounter a media text in isolation. Rather, we also invariably interact with a wide variety of associated paratexts, from official materials like trailers or marketing to unofficial materials like reviews or fan reactions, which play a role in shaping our interpretation of the core media text. This concept of media paratext provides a compelling analogy for constitutional interpretation. …
The Breakdown Of The Public–Private Divide In Securities Law: Causes, Consequences, And Reforms, George S. Georgiev
The Breakdown Of The Public–Private Divide In Securities Law: Causes, Consequences, And Reforms, George S. Georgiev
Faculty Articles
As a regulatory scheme, U.S. securities law has traditionally been designed around a set of lines—the “public–private divide”—which separate public companies, public capital, and public markets, from private companies, private capital, and private markets. Until the early 2000s, the lines were successful in establishing two largely coherent legal realms—a highly regulated public realm and a lightly regulated private realm. A series of bold and often-inconsistent reforms between 2002 and 2020, however, have transformed this longstanding regime into a low-friction system wherein public capital flows to both public and private companies, private capital is ever more abundant, and firms can effectively …
Life Course In Hearts: Enhancing Telehealth Resilience And Mindfulness Intervention In Older Adults Experiencing Abuse And Trauma-A Conceptualization, Mary Dioise Ramos
Life Course In Hearts: Enhancing Telehealth Resilience And Mindfulness Intervention In Older Adults Experiencing Abuse And Trauma-A Conceptualization, Mary Dioise Ramos
Faculty Articles
Advances in research and evidence-based practice improve the prevention and treatment of diseases, but the marginalized seems to be left behind. The purpose of this paper is to conceptualize a telehealth intervention aimed to improve the health and health span of older adults. More particularly, we articulate the conceptual framework underlying our intervention, Telehealth Resilience Mindfulness (TRM) Intervention, which will be delivered via text messaging (for those who have phones or smartphones), video conferencing such as Zoom (for those with internet connectivity), or in-person (when it is practical) to older adults to enhance HEARTS (health, experiences of abuse and trauma, …
The Non-Consequentialist Uses Of Economic Analysis: A Comment On Dagan And Kreitner, Economic Analysis In Law, Lewis A. Kornhauser
The Non-Consequentialist Uses Of Economic Analysis: A Comment On Dagan And Kreitner, Economic Analysis In Law, Lewis A. Kornhauser
Faculty Articles
In this essay, I focus on the uses of economic analysis in non-consequentialist evaluations. I proceed in two steps. First, I consider the applications that Dagan and Kreitner suggest in their Part III. I argue that (a) economic analysis has already contributed to these inquiries; and (b) that Dagan and Kreitner have not adequately specified the task to be undertaken. Second, I argue, through an extended example, that Dagan and Kreitner have overlooked arguably the most significant use of economic analysis in non-consequentialist evaluation: the investigation of the logical relation among various values that we may endorse.
Anti-Modalities, David E. Pozen, Adam M. Samaha
Anti-Modalities, David E. Pozen, Adam M. Samaha
Faculty Articles
Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the modalities, such as ethical and prudential arguments, seem strikingly open ended at first sight. Their contours come into clearer view, however, when we attend to the kinds of claims that are not made by constitutional interpreters—the analytical and rhetorical moves that are familiar in debates over public policy and political morality but are considered out of bounds in debates over constitutional meaning. In this Article, we seek to identify the “anti-modalities” of …
A Podcast Of One’S Own, Leah M. Litman, Melissa Murray, Katherine Shaw
A Podcast Of One’S Own, Leah M. Litman, Melissa Murray, Katherine Shaw
Faculty Articles
In this short Essay, we discuss the lack of racial and gender diversity on and around the Supreme Court. As we note, the ranks of the Court’s Justices and its clerks historically have been dominated by white men. But this homogeneity is not limited to the Court’s members or its clerks. As we explain, much of the Court’s broader ecosystem suffers from this same lack of diversity. The advocates who argue before the Court are primarily white men; the experts cited in the Court’s opinions, as well as the experts on whom Court commentators rely in interpreting those opinions, are …
Codifying Constitutional Norms, Jonathan S. Gould
Codifying Constitutional Norms, Jonathan S. Gould
Faculty Articles
Ours is an era of fraying constitutional norms. Norms that long governed the conduct of public officials have in recent years been violated by the White House, in Congress, and in the states. In the face of threats to constitutional norms, some have proposed codifying constitutional norms—that is, enacting their content into law. This Article examines the dynamics around codifying constitutional norms. It begins by showing that codification efforts face both practical and legal barriers. Practically, it can be difficult to define the precise contours of a constitutional norm and to codify a norm in a polarized political environment. Legally, …
Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Faculty Articles
Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'tre of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …
Defining The Relationships: "Cause, Contribute, And Directly Linked To" In The Un Guiding Principles On Business And Human Rights, Tara Van Ho
Faculty Articles
According to the United Nations Guiding Principles on Business and Human Rights, businesses owe remediation when they "cause" or "contribute to" a human rights impact, but not when they are only "directly linked to" it. These terms determine when a victim is entitled to seek remediation from a business, but they have largely been ignored in existing scholarship. This article investigates the meaning of "cause, contribute, and directly linked to", revealing confusion and uncertainty before proposing a new system, built on existing authoritative guidance, for interpreting the terms and determining when businesses owe remediation for their human rights impacts.