Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (5253)
- Constitutional Law (538)
- International Law (377)
- Criminal Law (326)
- Medicine and Health Sciences (312)
-
- Intellectual Property Law (304)
- Legal History (291)
- Comparative and Foreign Law (254)
- Social and Behavioral Sciences (244)
- Law and Race (233)
- Law and Society (228)
- Contracts (206)
- Civil Rights and Discrimination (202)
- Environmental Law (186)
- Law and Gender (184)
- Law and Economics (175)
- Criminal Procedure (171)
- Banking and Finance Law (168)
- Courts (168)
- Business Organizations Law (166)
- Medical Specialties (158)
- Other Law (156)
- Health Law and Policy (153)
- Legal Education (153)
- Physical Sciences and Mathematics (149)
- International Trade Law (148)
- Indigenous, Indian, and Aboriginal Law (146)
- Law and Politics (146)
- Human Rights Law (145)
- Jurisprudence (139)
- Institution
-
- Columbia Law School (857)
- University of New Mexico (837)
- Case Western Reserve University (783)
- Duke Law (697)
- Boston University School of Law (618)
-
- Texas A&M University School of Law (526)
- Brooklyn Law School (412)
- UC Law SF (378)
- Fordham Law School (348)
- University of Maryland Francis King Carey School of Law (204)
- Penn State Dickinson Law (155)
- California Western School of Law (111)
- Mitchell Hamline School of Law (95)
- Barry University School of Law (88)
- Western New England University (76)
- Brigham Young University Law School (64)
- Lindenwood University (64)
- Nova Southeastern University (56)
- Widener University Commonwealth Law School (49)
- Colby College (27)
- James Madison University (18)
- Belmont University (11)
- Otterbein University (5)
- Lesley University (4)
- University of San Diego (4)
- University of Louisiana at Lafayette (3)
- University of Southern Maine (3)
- Wofford College (3)
- Florida Atlantic University (1)
- St. Mary's University (1)
- Keyword
-
- Constitutional law (128)
- International law (87)
- SSRN (86)
- Criminal law (76)
- Law (72)
-
- Human rights (71)
- Arbitration (62)
- Columbia Law Review (59)
- Intellectual property (59)
- Copyright (57)
- Contracts (55)
- Race (54)
- Supreme Court (52)
- Jurisprudence (50)
- Artificial intelligence (49)
- Copyright law (49)
- Common law (48)
- Legal history (48)
- Civil rights (46)
- Courts (45)
- Comparative law (44)
- Constitution (43)
- Originalism (43)
- Public debts (43)
- Administrative law (41)
- Privacy (41)
- Immigration (40)
- Discrimination (39)
- Debt relief (37)
- First Amendment (36)
- Publication Year
- File Type
Articles 4831 - 4860 of 6498
Full-Text Articles in Entire DC Network
Doing Originalism, Henry Paul Monaghan
Doing Originalism, Henry Paul Monaghan
Faculty Scholarship
It is an honor to participate in celebrating Justice Ginsburg's tenth anniversary on the Court. She is a Justice whom I admire on many fronts; moreover, she continues to be a vital part of this school as this Symposium itself attests. But an invitation to participate also presents a challenge: This session is about her and her contributions to various aspects of the Court's jurisprudence. I know Justice Ginsburg well enough to believe that nothing would cause her more discomfort than to be in an audience with herself as the sole topic. So I thought that my remarks should be …
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Monogamy's Law: Compulsory Monogamy And Polyamorous Existence, Elizabeth F. Emens
Faculty Scholarship
Right now, marriage and monogamy feature prominently on the public stage. Efforts to lift prohibitions on same-sex marriage in this country and abroad have inspired people on all sides of the political spectrum to speak about the virtues of monogamy's core institution and to express views on who should be included within it. The focus of this article is different. Like an "unmannerly wedding guest," this article invites the reader to pause amidst the whirlwind of marriage talk and to think critically about monogamy and its alternatives.
International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equallity Today Case Studies In Conservative And Progressive Legal Orders, Thomas H. Lee
Faculty Scholarship
Although sovereign equality - the norm that all sovereign states are entitled to the same bundle of rights on the international plane - has long been a central norm of international law, its retention in the realm of preemptive war is fairly to be questioned when one sovereign state possesses overwhelming military power. In this Article, Professor Lee examines the historical and normative foundations of sovereign equality, finds them wanting under the condition of a militarily supreme republican state, but defends the norm on the pragmatic ground of what is best for the supreme state to defend itself against covert, …
When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno
When Two Become One: Views On Fletcher's "Two Patterns Of Criminality", Deborah W. Denno
Faculty Scholarship
George Fletcher's Rethinking Criminal Law (“Rethinking”) is the ultimate cut-to-the-chase treatise. The book does not belabor the frailties of existing criminal law, but rather predicts an overhaul of much of its doctrine. This essay marks a tribute to Rethinking's influence by examining two of the book's well known “patterns of criminality”: (1) “manifest criminality,” which proposes that crimes are acts that any “objective” observer would clearly recognize as illegal without knowing anything about the mental state of the person committing those acts, and, in stark contrast, (2) “subjective criminality,” which suggests that crimes are consciously intended and experienced only by …
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
Slavery And Tort Law, Keith N. Hylton
Slavery And Tort Law, Keith N. Hylton
Faculty Scholarship
This paper evaluates the claim for slavery reparations from a torts perspective. I start with an examination of the injuries inflicted on slaves, and the extent to which tort law provides a vehicle for redressing these injuries. I then take up the question of derivative claims, claims brought by someone other than the direct victim, a category which covers the reparations complaint. Lastly, I discuss the accounting demand by the reparations plaintiffs. The derivative status of reparations claims presents special obstacles for plaintiffs. However, applying today's law to slavery should be viewed as bringing law to a regime from which …
Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon
Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon
Faculty Scholarship
This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and …
Aedpa's "Adjudication On The Merits" Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane
Aedpa's "Adjudication On The Merits" Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane
Faculty Scholarship
The modern law of federal habeas corpus is a labyrinth of counterfactuals and arcane procedural hurdles that few state petitioners manage to navigate-as Justice Blackmun once wrote less charitably in dissent, "a Byzantine morass of arbitrary, unnecessary, and unjustifiable impediments to the vindication of federal rights." The convoluted inquiries required arise from the need to reconcile three developments of the past four decades that remain in tension with one another: first, the Warren Court's expansion of federal habeas relief, identified with Fay v. Noia and its progeny; second, the Burger and Rehnquist Courts' curtailment of that expansion, identified with Wainwright …
Destabilization Rights: How Public Law Litigation Succeeds, Charles F. Sabel, William H. Simon
Destabilization Rights: How Public Law Litigation Succeeds, Charles F. Sabel, William H. Simon
Faculty Scholarship
"Public law litigation" – civil rights advocacy seeking to restructure public agencies - has changed course over the last three decades. It has moved away from remedial intervention modeled on command-and-control bureaucracy toward a kind of intervention that can be called "experimentalist." Instead of top-down, fixed-rule regimes, the experimentalist approach emphasizes ongoing stakeholder negotiation, continuously revised performance measures, and transparency. Experimentalism is evident in all the principal areas of public law intervention – schools, mental health institutions, prisons, police, and public housing. This development has been substantially unanticipated and unnoticed by both advocates and critics of public law litigation. In …
Speculation On The Future Of The Bank For International Settlements, A , Carl Felsenfeld, Genci Bilali
Speculation On The Future Of The Bank For International Settlements, A , Carl Felsenfeld, Genci Bilali
Faculty Scholarship
Financial crises around the globe place countries at risk. Not only do less developed countries like Mexico and Argentina tremble from the inadequacies of their banking systems, but large and developed economies such as Japan suffer similar apprehension. As a result, national financial authorities find themselves looking for a type of international financial entity that can coordinate the efforts of these authorities in maintaining safety and soundness in their respective financial and banking sectors. This being the case, financial markets need the assistance of an international institution that can regulate national banking systems and, in return, can avoid any future …
Collective Guilt And Collective Punishment, George P. Fletcher
Collective Guilt And Collective Punishment, George P. Fletcher
Faculty Scholarship
Attitudes toward collective guilt in the Middle East require us to take a closer look at guilt in the Bible. It turns out the text of Genesis is conflicted. Some passages support a theory of guilt linked with the inevitability of cleansing and punishment; other passages appear to treat guilt as a psychological state that might be cured by a confession of sins. The tension is important today in trying to understand whether the collective guilt of nations should also entail collective punishment.
From Rethinking To Internationalizing Criminal Law, George P. Fletcher
From Rethinking To Internationalizing Criminal Law, George P. Fletcher
Faculty Scholarship
Writing Rethinking Criminal Law ("Rethinking") was a gamble. No one had ever written a serious book on comparative criminal law – in English or in any other language. No one had ever addressed English-speaking readers with the argument that some other system of legal thought – espoused by a nation defeated in a major war just thirty years before – had a superior literature on criminal law and a more refined way of thinking about the structure of criminal offenses. No one had tried to present the system of criminal law as though it were a species of …
Ambivalence About Treason, George P. Fletcher
Ambivalence About Treason, George P. Fletcher
Faculty Scholarship
Betrayal and disloyalty are grievous moral wrongs, yet today when the disloyal commit treason we seem reluctant to punish them. John Walker Lindh fought for the Taliban with full knowledge that it was engaged in hostilities against the United States. It should not have been so difficult to prove by two witnesses to the overt act, as the Constitution requires, that he adhered to the enemy giving them aid and comfort. Admittedly, there were legal problems about whether the Taliban as an indirect enemy in an undeclared war could qualify as the enemy in the constitutional sense. But there was …
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt
On Gun Registration, The Nra, Adolf Hitler, And Nazi Gun Laws: Exploding The Gun Culture Wars (A Call To Historians), Bernard Harcourt
Faculty Scholarship
Say the words "gun registration" to many Americans – especially pro-gun Americans, including the 3.5 million-plus members of the National Rifle Association ("NRA") – and you are likely to hear about Adolf Hitler, Nazi gun laws, gun confiscation, and the Holocaust. More specifically, you are likely to hear that one of the first things that Hitler did when he seized power was to impose strict gun registration requirements that enabled him to identify gun owners and then to confiscate all guns, effectively disarming his opponents and paving the way for the genocide of the Jewish population. "German firearm laws and …
"You Are Entering A Gay And Lesbian Free Zone": On The Radical Dissents Of Justice Scalia And Other (Post-) Queers – [Raising Questions About Lawrence, Sex Wars, And The Criminal Law], Bernard Harcourt
Faculty Scholarship
The most renowned substantive criminal law decision of the October 2002 Term, Lawrence v. Texas, will go down in history as a critical turning point in criminal law debates over the proper scope of the penal sanction. For the first time in the history of American criminal law, the United States Supreme Court has declared that a supermajoritarian moral belief does not necessarily provide a rational basis for criminalizing conventionally deviant conduct. The Court's ruling is the coup de grâce to legal moralism administered after a prolonged, brutish, tedious, and debilitating struggle against liberal legalism in its various criminal …
More Is Less, Philip A. Hamburger
More Is Less, Philip A. Hamburger
Faculty Scholarship
Is the First Amendment's right of free exercise of religion conditional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that "the right of every man to exercise ['Religion'] ... is in its nature an unalienable right" and "therefore that in matters of Religion, no mans right is abridged by the institution of Civil Society." In contrast, during the past forty years, the United States Supreme Court has repeatedly conditioned the right of free exercise on compelling government interests. The Court not merely qualifies the practice of the …
The Economics Of Form And Substance In Contract Interpretation, Avery W. Katz
The Economics Of Form And Substance In Contract Interpretation, Avery W. Katz
Faculty Scholarship
For over a century, legal commentators have debated the relative merits of formal and substantive approaches to the interpretation of contracts; in recent years, the debate has increasingly been conducted in the language of the economic approach to contract law. While this new wave of scholarship has been relatively successful in relating the traditional debates over formalism to specific transactional and institutional problems such as imperfect information, it has been less productive in terms of generating useful legal or policy recommendations. This Essay proposes a different approach: one that focuses on private rather than public legal decisionmakers as its primary …
Embedded Options In The Case Against Compensation In Contract Law, Robert E. Scott, George G. Triantis
Embedded Options In The Case Against Compensation In Contract Law, Robert E. Scott, George G. Triantis
Faculty Scholarship
Although compensation is the governing principle in contract law remedies, it has tenuous historical, economic, and empirical support. A promisor's right to breach and pay damages is only a subset of a larger family of termination rights that do not purport to compensate the promisee for losses suffered when the promisor walks away from the contemplated exchange. These termination rights can be characterized as embedded options that serve important risk management functions. We show that sellers often sell insurance to their buyers in the form of these embedded call options, and that termination fees, including damages, are in essence option …
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Recognition And Enforcement Of Foreign Intellectual Property Judgments: Analysis And Guidelines For A New International Convention, Yoav Oestreicher
Faculty Scholarship
S.J.D. dissertation, submitted April 2004
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Non-Traditional Patterns Of Global Regulation: Is The Wto ‘Missing The Boat’?, Joost H. B. Pauwelyn
Faculty Scholarship
Presented at the European University Institute, Florence, 24-25 September 2004, Conference on Legal Patterns of Transnational Social Regulations and Trade
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Rethinking The Disclosure Paradigm In A World Of Complexity, Steven L. Schwarcz
Faculty Scholarship
In a prior article, Professor Schwarcz examined the factors that differentiate Enron's questionable use of off-balance sheet special purpose entities, (SPEs) from the trillions of dollars of "legitimate" securitization and other structured-finance transactions that use SPEs. The presence of meaningful differences, Professor Schwarcz argued, may inform regulatory schemes by providing a basis to distinguish which such transactions should be allowed or restricted. In that connection, Professor Schwarcz encountered the dilemma that some structured transactions are so complex that disclosure to investors of the company originating the transaction is necessarily imperfect - either oversimplifying the transaction, or providing detail and sophistication …
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Sovereign Debt Reform And The Best Interest Of Creditors, William W. Bratton, G. Mitu Gulati
Faculty Scholarship
In April 2002 the International Monetary Fund introduced a sovereign bankruptcy proposal only to be rebuffed by the United States Treasury. Where the IMF wanted a mandatory bankruptcy regime, the Treasury wanted to solve distress problems with contractual devices. Sovereign bondholders and sovereign issuers themselves flatly rejected both proposals, even though they were nominally the beneficiaries of both proponents. This Article addresses and explains this bondholder reaction. In so doing, it takes a highly skeptical view of the IMF's proposal even as it shows that the incentive structure surrounding sovereign lending renders untenable the Treasury's contractarian proposal. The Article's analysis …
Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.
Hearsay, Confrontation, And Forfeiture By Wrongdoing: Crawford V. Washington, A Reassessment Of The Confrontation Clause, Paul W. Grimm, Jerome E. Deise Jr.
Faculty Scholarship
No abstract provided.
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
What Developments In Western Europe Tell Us About American Critiques Of Corporate Criminal Liability, Sara Sun Beale, Adam Safwat
Faculty Scholarship
Although corporate criminal liability has been recognized in the United States for nearly a century, contemporary academic commentators have questioned its legitimacy and argued that it is inferior to its alternatives: civil liability for the corporation and/or criminal liability for individual corporate agents. Other academic critics have attacked the present definitions of corporate criminal liability. In other words, although corporate criminal liability has also had its academic champions, it has been under attack in the United States. The situation in Europe poses a sharp contrast.
The Rule Of Lenity As A Rule Of Structure, Zachary S. Price
The Rule Of Lenity As A Rule Of Structure, Zachary S. Price
Faculty Scholarship
No abstract provided.
Where Is Health Law Going?: Follow The Money, Robert L. Schwartz
Where Is Health Law Going?: Follow The Money, Robert L. Schwartz
Faculty Scholarship
Where has health law come from? Where will it be going? To follow the development of this discipline, follow the money. Where substantial financial interests entered the health care enterprise, lawyers have been sure to follow--or, sometimes, to lead. Where we can predict there will be concentrations of money, we can predict there will be concentrations of lawyers, and, not too far behind, legal academics. The very birth of "health law" (or, at least, its transformation out of "medical law") was a consequence of a newly developing medical economy. Since the term "Health Law" was first used as a casebook …
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Clear The Air: The Road Taken: A Reflection On Michael C. Blumm & William Warnock's Roads Not Taken: Epa Vs. Clean Water, Clifford J. Villa
Faculty Scholarship
EPA vs. Clean Water presents case studies of the ostensible failure of the United States Environmental Protection Agency (EPA) to implement the Clean Water Act in three principal areas: water quality impacts from dam operations, state water quality certification for nonpoint source discharges, and antidegradation requirements for nonpoint sources.
Mediator Immunity: The Misguided And Inequitable Shifting Of Risk, Scott H. Hughes
Mediator Immunity: The Misguided And Inequitable Shifting Of Risk, Scott H. Hughes
Faculty Scholarship
Although the history of judicial immunity is somewhat troublesome and disconcerting, it is a model of clarity and consistency when compared to the recent developments in mediator immunity. In order for the courts to justify mediator immunity in Wagshal v. Foster and Howard v. Drapkin, it was necessary to either misconstrue the fundamental differences between judges and mediators or ignore the standard tests applied to judicial immunity and jump to a needs-based argument that is clearly self-interested and poorly informed. With regards to statutes and rules, those that promulgate immunity have ignored the substantial problems that will eventually arise from …
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Who Gets In? The Quest For Diversity After Grutter, Margaret E. Montoya, Athena Mutua, Sheldon Zedeck, Frank H. Wu, Charles E. Daye, David L. Chambers
Faculty Scholarship
Transcript of The 2004 James McCormick Mitchell Lecture. On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture,1 a panel discussion entitled, "Who Gets In? The Quest for Diversity After Grutter." The Mitchell Committee decided to focus this year's lecture on innovative proposals to ensure diversity in law school admissions in light of the Supreme Court's ruling in Grutter v. Bollinger, which confirmed that race and ethnicity could be taken into consideration in admission decisions for diversity purposes. Noting that much of the debate about Grutter thus far has emphasized the decision's constitutionality or its …
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Santa Clara Pueblo V. Martinez: Twenty-Five Years Of Disparate Cultural Visions An Essay Introducing The Case For Re-Argument Before The American Indian Nations Supreme Court, Gloria Valencia-Weber
Faculty Scholarship
Santa Clara Pueblo v. Martinez nakedly presents a conflict between the individual rights norm of equality and the communal or collective political right of the first sovereigns within U.S. borders. The conflict underlies the discourse in law scholarship and reflects disparate cultural visions between mainstream society and American Indians. In Indian law the decision has saliency with positive and negative force injected into different arenas besides equal protection, gender, and membership qualifications. It is a major fortification for the federally recognized tribal sovereigns to exclude external law and forums, the federal law and courts, in how tribes exercise self-government. The …