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Articles 10651 - 10680 of 25518
Full-Text Articles in Entire DC Network
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael
Faculty Scholarship
No abstract provided.
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
What's Religion Got To Do With It? Virtually Nothing: Hosanna-Tabor And The Unbridled Power Of The Ministerial Exemption, Marsha B. Freeman
Faculty Scholarship
No abstract provided.
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli
Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli
Faculty Scholarship
In his autobiography, Chief Justice Earl Warren described Baker v.Carr as “the most important case of [his] tenure on the Court.” Following Brown v. Board of Education by eight years, Baker was the second “blockbuster” case of the Warren Court. Warren felt that, if the progeny of Baker had preceded Brown, Brown would have been unnecessary. As with other major Supreme Court cases, Baker featured rhetoric from highly influential justices, two of whom in this case were Justice William Brennan and Justice Felix Frankfurter. Justice Brennan would write the groundbreaking opinion for the Court that would be part of “the …
Will Law Firms Go Public, Roberta S. Karmel
Patenting Nature: A Problem Of History, Christopher Beauchamp
Patenting Nature: A Problem Of History, Christopher Beauchamp
Faculty Scholarship
No abstract provided.
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Temporal Inconsistency And The Regulation Of Corporate Misconduct, Miriam H. Baer
Temporal Inconsistency And The Regulation Of Corporate Misconduct, Miriam H. Baer
Faculty Scholarship
No abstract provided.
In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora
In Defense Of "Super Pacs" And Of The First Amendment, Joel Gora
Faculty Scholarship
No abstract provided.
What's Wrong With Stereotyping?, Anita Bernstein
What's Wrong With Stereotyping?, Anita Bernstein
Faculty Scholarship
No abstract provided.
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Faculty Scholarship
This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
Originalism And The Other Desegregation Decision, Ryan Williams
Originalism And The Other Desegregation Decision, Ryan Williams
Faculty Scholarship
No abstract provided.
From Berne To Beijing: A Critical Perspective, David L. Lange
From Berne To Beijing: A Critical Perspective, David L. Lange
Faculty Scholarship
Remarking on the Beijing Treaty on Audiovisual Performances at the Vanderbilt Journal of Entertainment & Technology Law’s Symposium, From Berne to Beijing, Professor Lange expressed general misgivings about exercising the Treaty Power in ways that alter the nature of US copyright law and impinge on other constitutional rights. This edited version of those Remarks explains Professor Lange’s preference for legislation grounded squarely in the traditional jurisprudence of the Copyright Clause, the First Amendment, and the public domain, and his preference for contracting around established expectations rather than reworking default rules through treaties. It continues by exploring the particular costs associated …
In Praise Of Judge Fletcher-And Of General Standing Principles, Ernest A. Young
In Praise Of Judge Fletcher-And Of General Standing Principles, Ernest A. Young
Faculty Scholarship
No abstract provided.
The Problem Of Holdout Creditors In Eurozone Sovereign Debt Restructuring, Mitu Gulati, Lee C. Buchheit, Ignacio Tirado
The Problem Of Holdout Creditors In Eurozone Sovereign Debt Restructuring, Mitu Gulati, Lee C. Buchheit, Ignacio Tirado
Faculty Scholarship
The Eurozone official sector has declared that the belated restructuring of Greek bonds held by private sector creditors in 2012 was a “unique and exceptional” event, never, ever to be repeated in any other Eurozone country. Maybe so. But if this assurance proves in time to be as fragile as the official sector’s prior pronouncements on the subject of “private sector involvement” in Eurozone sovereign debt problems, any future Eurozone debt restructuring will be surely plagued by the problem of non-participating creditors --- holdouts. Indeed, it is the undisguised fear of holdouts and the prospect of a messy, Argentine-style debt …
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Brief Of Federalism Scholars As Amici Curiae In Support Of Respondent Windsor, Ernest A. Young
Faculty Scholarship
No abstract provided.
Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …
Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin
Sustainable Production Of Swine: Putting Lipstick On A Pig?, Michelle B. Nowlin
Faculty Scholarship
No abstract provided.
The Harvest Of Ministry: Exploring The Ministry Of Women Religious In Cleveland, Robert L. Fischer
The Harvest Of Ministry: Exploring The Ministry Of Women Religious In Cleveland, Robert L. Fischer
Faculty Scholarship
Women religious serve in a range of ministries, often with the most disenfranchised in society. The nature of sisters' ministries has often been reduced to its external character – providing education, health care, or social services. What has been less understood is the enduring nature of the forces underlying these ministries. This study draws on six focus group conversations involving 33 Catholic sisters. The study surfaces key themes that frame a better understanding of the work of today's women religious. These themes can be adapted for others who seek to work with people in need.
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page
Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers
Faculty Scholarship
No abstract provided.
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Between Seminole Rock And A Hard Place: A New Approach To Agency Deference, Kevin O. Leske
Faculty Scholarship
No abstract provided.
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Trial Jurors And Variables Influencing Why They Return The Verdicts They Do - A Guide For Practicing And Future Trial Attorneys, Mitchell J. Frank, Osvaldo F. Morera
Faculty Scholarship
No abstract provided.
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
Cutting The Cord To Private Cord Blood Banking: Encouraging Compensation For Public Cord Blood Donations After Flynn V. Holder, Seema Mohapatra
Faculty Scholarship
No abstract provided.
A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page
A Look Inside The Butler's Cupboard: How The External World Reveals Internal State Of Mind In Legal Narratives, Cathren Koehlert-Page
Faculty Scholarship
No abstract provided.
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation In The Arctic, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Why Cant We Be Friends Preserving Public Confidence In The Judiciary Through Limited Use Of Social Networking, Helia Garrido Hull
Faculty Scholarship
No abstract provided.