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Articles 1471 - 1500 of 2104
Full-Text Articles in Entire DC Network
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Desert, Democracy, And Sentencing Reform, Alice Ristroph
Faculty Scholarship
No abstract provided.
Dialectical Regulation, Robert B. Ahdieh
Dialectical Regulation, Robert B. Ahdieh
Faculty Scholarship
While theories of regulation abound, woefully inadequate attention has been given to growing patterns of "intersystemic" and "dialectical" regulation in the world today. In this rapidly expanding universe of interactions, independent regulatory agencies, born of autonomous jurisdictions, nonetheless face a combination of jurisdictional overlap with, and regulatory dependence on, one another. Here, the cross-jurisdictional interaction of regulators is no longer the voluntary interaction embraced by transnationalists; it is, instead, an unavoidable reality of acknowledgement and engagement, potentially culminating in the integration of discrete sets of regulatory rules into a collective whole.
Such patterns of regulatory engagement are increasingly evident, across …
Cause Lawyering And Social Movements: Can Solo And Small Firm Practitioners Anchor Social Movements?, Brenda Bratton Blom
Cause Lawyering And Social Movements: Can Solo And Small Firm Practitioners Anchor Social Movements?, Brenda Bratton Blom
Faculty Scholarship
As the demand for affordable legal services grows, law schools and the legal profession struggle to respond. By examining lessons from successful social movements in the last century, Cause Lawyering and Social Movements: Can Solo and Small Firm Practitioners anchor Social Movements looks at the Law School Consortium Project and its potential to participate in and anchor the social movements of our time. The collaboration of the law schools, networks of solo and small firm attorneys and activists at the local, regional and national level provide key elements for powerful change given the technological developments of the 21st century.
The "Branding Effect" Of Contracts, D. Gordon Smith
The "Branding Effect" Of Contracts, D. Gordon Smith
Faculty Scholarship
In his case study of the MasterCard IPO and its predecessor piece on the Google IPO, Victor Fleischer claims to find evidence of a branding effect of legal infrastructure. The branding effect is not aimed at reducing the potential for opportunism by a counterparty to a contract, but rather at increasing the attractiveness of a product to present and future users or improving the image of a company in the eyes of regulators, judges, and juries. In this essay commenting on Fleischer's work, I endorse the notion that deal structures have branding effects and position Fleischer's work within a larger …
The Independent Board Of Directors And Governance In The United States: Where Is This Heading?, Florence Shu-Acquaye
The Independent Board Of Directors And Governance In The United States: Where Is This Heading?, Florence Shu-Acquaye
Faculty Scholarship
No abstract provided.
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Poisoning The Well: Law & Economics And Racial Inequality, Robert E. Suggs
Faculty Scholarship
The standard Law & Economics analysis of racial discrimination has stunted our thinking about race. Its early conclusion, that laws prohibiting racial discrimination were unnecessary and wasteful, discredited economic analysis of racial phenomena within the civil rights community. As a consequence we know little about the impact of racial discrimination on commercial transactions between business firms. Laws do not prohibit racial discrimination in transactions between business firms, and the disparity in business revenues between racial minorities and the white mainstream dwarfs disparities in income by orders of magnitude. This disparity in business revenues is a major factor in the persistence …
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Bringing Up Baby: Adoption, Marriage, And The Best Interests Of The Child, Robin Fretwell Wilson, W. Bradford Wilcox
Faculty Scholarship
In the piece, Professor Brad Wilcox and I ask who should care for children when their biological parents cannot? This is a question of potentially explosive dimensions under new definitions of legal parentage proposed in this volume of the WILLIAM & MARY BILL OF RIGHTS JOURNAL. This question is also important today for evaluating state adoption laws. A significant number of states bar consideration of a prospective adopter’s marital or non-marital status. We believe these laws miss an important opportunity to maximize the best interests of each child being placed. In this piece, we take an exclusively child-centered approach, drawing …
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Peril Invites Rescue: An Evolutionary Perspective, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Dunlap’S Very Subjective Reading List For Air Force Judge Advocates, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Affirming Michigan’S Action: The Michigan Journal Of Race & Law's Response To Dr. Carcieri's Grutter V. Bollinger And Civil Disobedience, Adam Blumenkrantz, Jason Belmont Conn, Amrita Mallik, Michael Murphy
Affirming Michigan’S Action: The Michigan Journal Of Race & Law's Response To Dr. Carcieri's Grutter V. Bollinger And Civil Disobedience, Adam Blumenkrantz, Jason Belmont Conn, Amrita Mallik, Michael Murphy
Faculty Scholarship
No abstract provided.
American Law (United States), Ralf Michaels
Credit Where It’S Due: The Law And Norms Of Attribution, Catherine Fisk
Credit Where It’S Due: The Law And Norms Of Attribution, Catherine Fisk
Faculty Scholarship
The reputation we develop by receiving credit for the work we do proves to the world the nature of our human capital. If professional reputation were property, it would be the most valuable property that most people own because much human capital is difficult to measure. Although attribution is ubiquitous and important, it is largely unregulated by law. In the absence of law, economic sectors that value attribution have devised non-property regimes founded on social norms to acknowledge and reward employee effort and to attribute responsibility for the success or failure of products and projects. Extant contract-based and norms-based attribution …
The Morality Of Evolutionarily Self-Interested Rescues, Bailey Kuklin
The Morality Of Evolutionarily Self-Interested Rescues, Bailey Kuklin
Faculty Scholarship
No abstract provided.
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose
Faculty Scholarship
Drawing on narrative, post-colonial, clinical and other critical theory, this article explores the role and necessity of critical reflection by lawyers in the construction of clients' stories in representation. In particular, the piece is framed by the experiences of transgender clients and their student attorneys. The piece begins by examining the "problem of representation" - the challenge of seeing and hearing clients' stories, particularly when those stories do not fit in to our understanding of how the world works. It moves on to describe first the "official stories" that govern how the legal system treats transgender people and second how …
Technology Mediated Dispute Resolution (Tmdr): Opportunities And Dangers, David Allen Larson
Technology Mediated Dispute Resolution (Tmdr): Opportunities And Dangers, David Allen Larson
Faculty Scholarship
Technology Mediated Dispute Resolution (TMDR) presents opportunities and dangers that we cannot yet fully envision. Technologies are available or imminent, such as tele-immersion, that will dramatically change the ways we think about dispute resolution in a virtual environment. Whether or not one finds the idea of TMDR appealing, a generation of teens and preteens is integrating technology so deeply into their daily lives that they not only will expect, but will demand, that those technologies be used in a dispute resolution proceeding. Because girls communicate differently than boys when using technology, it will be interesting to learn if women prove …
Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger
Against Idols: The Court As A Symbol-Making Or Rhetorical Institution, Marie Failinger
Faculty Scholarship
Symbolic politics can be quite powerful. This article pursues the question of how the Supreme Court signifies itself, how it discovers and enacts the metaphors from which it will play its part in the American political drama aimed at containing some of the nightmares of human existence, while affirming and encouraging the possibilities for human flourishing. Embedded in this inquiry is the question of how the Court can signify itself while still preserving the truth-telling and humility necessary to legitimize Court decisions.
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
The Scientific Shortcomings Of Roper V. Simmons, Deborah W. Denno
Faculty Scholarship
This Article contends that some of the case law and social science research that form the basis for the United States Supreme Court's decision in Roper v. Simmons are insufficient and outdated. The Court also relies heavily upon briefs submitted by the respondent and his amici, in lieu of providing more pertinent citations and analysis that could have enhanced and modernized the Court's arguments. The sparse and sometimes archaic sources for Roper potentially limit the opinion's precedential value. For example, the Court cites Erik Erikson's 1968 book, Identity: Youth and Crisis, to support the view that, relative to adults, juveniles …
Do Divorce Law Reforms Matter For Divorce Rates - Evidence From Portugal, Clarisse Coelho, Nuno Garoupa
Do Divorce Law Reforms Matter For Divorce Rates - Evidence From Portugal, Clarisse Coelho, Nuno Garoupa
Faculty Scholarship
The effect of divorce law reforms on divorce rates in the United States and elsewhere has generated a controversy in the law and economics literature. In this article, we study the contribution of divorce law reforms for the evolution of divorce rates in Portugal over the last 40 years. We focus on the reforms of divorce law in the 1970s and in the 1990s as well as socioeconomic factors as determinants of the divorce rate. We find that the introduction of a modern divorce law in the 1970s had a significant effect on the divorce rate, but the changes of …
Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern
Public Symbol In Private Contract: A Case Study, Mitu Gulati, Anna Gelpern
Faculty Scholarship
This Article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial …
How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman
How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman
Faculty Scholarship
This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is …
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Faculty Scholarship
No abstract provided.
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
The Functional Method Of Comparative Law, Ralf Michaels
The Functional Method Of Comparative Law, Ralf Michaels
Faculty Scholarship
The functional method has become both the mantra and the bete noire of contemporary comparative law. The debate over the functional method is the focal point of almost all discussions about the field of comparative law as a whole, about centers and peripheries of scholarly projects and interests, about mainstream and avant-garde, about ethnocentrism and orientalism, about convergence and pluralism, about technocratic instrumentalism and cultural awareness, etc. Not surprisingly, this functional method is a chimera, both as theory and as practice of comparative law. In fact, "the functional method" is a trifold misnomer: There is not one ("the") functional method …
The Ecological Life: Discovering Citizenship And A Sense Of Humanity, Jeremy Bendik-Keymer
The Ecological Life: Discovering Citizenship And A Sense Of Humanity, Jeremy Bendik-Keymer
Faculty Scholarship
Written as a series of lectures, The Ecological Life offers a humanistic perspective on environmental philosophy that challenges some of the dogmas of deep ecology and radical environmentalism while speaking for their best desires. The book argues that being human-centered leaves us open to ecological identifications, rather than the opposite. Bendik-Keymer draws on analytic and continental traditions of philosophy as well as literature and visual media. He argues for a sense of ecological justice consonant with human rights, and shows how humanistic thinking is committed to deepening respect for life and our ecological orientation. In a clear, jargon-free and conversational …
The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers
The Trial Of Bigger Thomas: Race, Gender, And Trespass, Bennett Capers
Faculty Scholarship
No abstract provided.
Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen
Helping Students Develop A Humanistic Philosophy Of Lawyering, Beth Cohen
Faculty Scholarship
This Article considers the need to help students develop a cohesive philosophy of lawyering and suggests some ideas and methods to help introduce these concepts and concerns to students. Although this Article focuses primarily on aspects of the legal research and writing curriculum and pedagogy as well as professional development programs that can enhance the curriculum, the concepts are applicable and transferable to other subjects and courses. The purpose of this Article is to explore the issues raised by a conscious decision to help students consider and develop a beneficial philosophy of lawyering in areas including the development of legal …
City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster
City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster
Faculty Scholarship
One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott
Inside The Corporate Veil: The Character And Consequences Of Executives’ Duties, Deborah A. Demott
Faculty Scholarship
This paper is based on a keynote address to the 2006 annual workshop of the Australian Corporate Law Teachers' Association on "The Pathology of Corporate Law." The paper's thesis is that fuller understanding of many corporate malfunctions requires examination of organizational structures and patterns of interaction below the level of the board within a corporation's hierarchy. The paper argues that there is merit to mandating duties of skill and care at the executive level, drawing on examples of executive conduct in recent corporate fiascos. The paper also explores the application of the business judgment rule to officers. As conventionally formulated, …
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
No abstract provided.