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Articles 16651 - 16680 of 25435
Full-Text Articles in Entire DC Network
Limits On Agency Discretion To Choose Between Rulemaking And Adjudication: Reconsidering Patel V. Ins And Ford Motor Co. V. Ftc, William D. Araiza
Limits On Agency Discretion To Choose Between Rulemaking And Adjudication: Reconsidering Patel V. Ins And Ford Motor Co. V. Ftc, William D. Araiza
Faculty Scholarship
No abstract provided.
Clinical Legal Education In Hong Kong: A Time To Move Forward, Stacy Caplow
Clinical Legal Education In Hong Kong: A Time To Move Forward, Stacy Caplow
Faculty Scholarship
No abstract provided.
The Federal Definition Of Tax Partnership, Bradley T. Borden
The Federal Definition Of Tax Partnership, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Welcome And Opening Remarks Work/Life Conflict In The Legal Profession, Jamie Amir, Sarah Lechner, Stuart L. Deutsch, Tanya Kateri Hernandez
Faculty Scholarship
At a symposium sponsored by the Women’s Rights Law Reporter, Professor Tanya Hernandez introduces the keynote speaker, Professor Joan Williams, a law professor at the American Law School, Washington College of Law in Washington,D.C. where she teaches Property, Women's Legal History, Feminist Jurist Prudence, and a Jurist Prudence seminar. The topic of the symposium is Work/Life Conflict in the Legal Profession.
Symposium Introduction: The Myth Of Moral Justice: Why Our Legal System Fails To Do What's Right, Thane Rosenbaum
Symposium Introduction: The Myth Of Moral Justice: Why Our Legal System Fails To Do What's Right, Thane Rosenbaum
Faculty Scholarship
I wrote The Myth ofMoral justice,' primarily, as a moral critique of the legal system. In examining the rituals and practices of the law under moral criteria-its obsessive focus on zero-sum contests, its dedication to cold rules and procedural technicalities over human emotion, its failure to acknowledge the spiritual pain of those who come before it, its inability to create an atmosphere where apologies, reconciliation, and the restoring of moral balance to relationships is possible, its preference for judicial economy over truth, its privileging of secrets and indifference to lies, and its failure to promote an atmosphere of mutual caring …
Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal
Performance, Property, And The Slashing Of Gender In Fan Fiction , Sonia K. Katyal
Faculty Scholarship
Today, it is no secret that the regime of copyright law, once an often-overlooked footnote to our legal system of property, now occupies a central position in modern debates surrounding the relationship between freedom of expression, language, and ownership. Curiously, however, while contemporary scholarship on copyright now embraces a wide range of political and economic approaches, it has often failed to consider how intellectual property law - as it is owned, constituted, created, and enforced - both benefits and disadvantages segments of the population in divergent ways. This absence is both vexing and fascinating. While issues of distributive justice have …
"Anything Rather Than A Deliberate And Well-Considered Opinion" -- Henry Lord Brougham, Written By Himself, Fred C. Zacharias, Bruce A. Green
"Anything Rather Than A Deliberate And Well-Considered Opinion" -- Henry Lord Brougham, Written By Himself, Fred C. Zacharias, Bruce A. Green
Faculty Scholarship
No abstract provided.
Friendship & The Law, Ethan J. Leib
Friendship & The Law, Ethan J. Leib
Faculty Scholarship
This Article's central argument is that the law needs to do a better job of recognizing, protecting, respecting, and promoting friendships. The law gives pride of place to other statuses--family and special professional relationships are obvious ones--but the status of the friend is rarely relevant to legal decisionmaking and public policymaking in a consistent way. After defining the concept of the friend, I offer a normative argument for why the law should promote a public policy of friendship facilitation and for why the law ignores friendships only at its peril. I highlight how the law already finds friendship relevant in …
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno
Faculty Scholarship
Unwarranted constraints on the admissibility of genetics evidence in death penalty cases can undercut some defendants' efforts to fight their executions. For example, genetics evidence can help validate some traditionally accepted mitigating factors (such as certain psychiatric or behavioral disorders) that can otherwise be difficult for defendants to prove. By imposing unreasonable limitations on genetics arguments, the criminal justice system may be undermining the very principles and progressive thinking the cap on genetics evidence was originally intended to achieve. Part II of this article briefly reviews the facts and legal arguments in Mobley v. State. Part III addresses the primary …
Indian As Race/Indian As Political Status: Implementation Of The Half-Blood Requirement Under The Indian Reorganization Act, 1934-1945, Paul Spruhan
Faculty Scholarship
This article discusses the implementation of the half-blood provision by the central office of the Bureau of Indian Affairs (BIA) under the administration of Commissioner of Indian Affairs John Collier. Through archival documents, the article reveals that the lawyers and administrators within the BIA were aware of the conceptual and practical problems of defining Indian status solely by blood quantum, and inconsistently applied social and cultural definitions alongside the biological one to implement the criterion. Therefore, despite the statute's clear biological definition, administrative application of the definition incorporated both biological and non-biological elements. Such incorporation complicates attempts to label the …
Prosecutorial Discretion In The Post-Booker World, Norman C. Bay
Prosecutorial Discretion In The Post-Booker World, Norman C. Bay
Faculty Scholarship
This article takes a measured position. On the one hand, Booker has diminshed prosecutorial discretion somewhat. That point, perhaps, is obvious. In theory, the Guidelines are no longer mandatory, and prosecutors have less power to control sentencing. On the other hand, reports of the demise of the prosecutorial discretion have been greatly exaggerated. Post-Booker, prosecutorial discretion remains vast and, indeed, for a number of reasons is still likely to be greater than it was in the pre-Guidelines era. Much has happened since November 1, 1987, including the passage of mandatory minimum laws and the acculturation of federal judges to the …
Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz
Toward A Pedagogy And Ethic Of Law/Lawyering For Indigenous Peoples, Christine Zuni Cruz
Faculty Scholarship
This article is prefaced with a reflection on Indigenous Peoples in the legal profession which leads into a discussion on the pedagogy and preparation of Indigneous students in law. It addresses the current pedagogy employed in training indigenous students in law and proposes a reframing of this preparation by including and employing an indigenous perspective and intellectual tradition of leadership. It considers the relationship of the Indian law academician with indigenous justice systems. The article addresses the influence on pedagogy that emerges from the Indigenous legal tradition, and the importance of incorporating these influences into the education and preparation of …
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Keep Your Money: Let The West Pay For Its Own Water Projects, Denise D. Fort
Faculty Scholarship
The question posed here is what role the federal government should play in responding to the western water crisis, in light of the changes in the social and political landscape that have occurred in the last decade. My thesis is that solutions to water needs that are funded locally are more likely to be sustainable than those produced through national appropriations. My thinking is affected by the work I did on a Presidential commission that recommended sustainability be the cornerstone of western water policy.
The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding
The Next Epidemic: Bubbles And The Growth And Decay Of Securities Regulation, Erik F. Gerding
Faculty Scholarship
This article explores how speculative bubbles undermine the effectiveness of securities regulations and spawn epidemics of securities fraud. A brief historical survey demonstrates that stock market bubbles almost invariably coincide with epidemics of securities fraud, and provides a compelling argument that the outbreak of fraud in the Enron era did not stem merely from factors unique to the 1990s, but from the dynamics of an asset price bubble as well. Drawing on perspectives from securities law practice and economic theory, the article argues that bubbles dilute the deterrent effect of antifraud rules and promote deregulation. Both effects alter the calculus …
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Adequate Progress, Or Rivers Left Behind? Developments In Colorado And Wyoming Instream Flow Laws Since 2000, Reed D. Benson
Faculty Scholarship
Colorado and Wyoming have much in common in regard to water supply and water use, and both states have followed the western states' traditional approach in their instream flow laws. This traditional approach, however, has serious practical shortcomings in restoring and protecting instream flows. This Article asks whether Colorado and Wyoming have made “adequate progress” since 2000 in addressing these shortcomings in their instream flow laws. For one of these states, the answer is clear Wyoming has made no progress on its instream flow laws in recent years. Colorado, by contrast, has clearly made progress in strengthening its laws-especially as …
American Indians, Crime, And The Law, Kevin Washburn
American Indians, Crime, And The Law, Kevin Washburn
Faculty Scholarship
This Article evaluates the federal Indian country criminal justice regime, not against norms of Indian law and policy, but against those of criminal law and policy. Specifically, this Article evaluates the federal constitutional norms that lie at the heart of American criminal justice and that are designed to ensure the legitimacy of federal criminal trials. Toward that end, Part I presents a critical description of key facets of the federal Indian country criminal justice system. Part II begins the critical evaluation by evaluating a key institutional player in the federal system, the federal prosecutor. It highlights the handicaps faced by …
Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws
Resourceful And Tough: The Fifth Circuit Libraries Pull Together To Weather Hurricanes, Jennifer Laws
Faculty Scholarship
Co-authored with Amy Hale-Janeke
The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz
The Ethical Health Lawyer: When Doing The Right Thing Means Breaking The Law - What Is The Role Of The Health Lawyer?, Robert L. Schwartz
Faculty Scholarship
No abstract provided.
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Newfound Religion: Mothers, God, And Infanticide, Susan Ayres
Faculty Scholarship
This essay focuses on cultural constructions of infanticide and psychosis, especially cases in which the mother heard delusional commands to kill her children. Part I examines the background of the Yates, Laney, and Diaz cases. Part II explores whether these mothers can be seen paradoxically as feminist subjects of empowerment rather than as victims. This essay argues that psychotic mothers have been disempowered and silenced, so their acts cannot be seen as subversive feminist gestures. Part III, however, arguest that the legal trials of Laney and Diaz demonstrate a possible subversion through trial strategy. These two trials more fully told …
Justice In The Balance: An Evaluation Of One Clinic's Ability To Harmonize Teaching Practical Skills, Ethics And Professionalism With A Social Justice Mission, Lauren Carasik
Faculty Scholarship
A number of developments have firmly established the role of clinics in legal education, allowing law school clinicians greater latitude in designing programs consistent with law school curricular values and priorities. Consequently, current law school clinical offerings are comprised of richly varied structures and goals. A myriad of goals fall under the general rubric of clinical legal education. Among the most widely cited goals are providing practical skills training in a real world context, instilling a public interest ethos in students, advancing social justice, encouraging the critique of the law and legal institutions, inculcating high standards of ethics and professionalism …
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Disclosure And Fair Resolution Of Adverse Events, Carol B. Liebman, Chris Stern Hyman
Faculty Scholarship
The health care system in the United States is in turmoil. Patients are being harmed by too many, often fatal, mistakes. At the same time, physicians and hospitals are trying to cope with a costly medical malpractice crisis. These two crises create a vicious cycle. When something goes wrong in patient care, physicians and hospitals withhold apologies and offer as little information as possible for fear that anything they say may be used against them should patients or family members sue. Family members, in many cases, sue not only to receive compensation for injuries, but also in search of answers …
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Beyond City And Suburb: Thinking Regionally, Richard Briffault
Faculty Scholarship
“City” and “suburb” as they were known and debated in the twentieth century are no more. Increasingly, the key urban unit in metropolitan America is the region. Robert Bruegmann’s Sprawl: A Compact History, a chronicle of the melding of city and suburban land use patterns, illustrates this development. Joel Kotkin’s The City: A Global History, which expresses concern about the loss of traditional urban distinctiveness, also reflects this. In her review of both books, Nicole Stelle Garnett appropriately raises issues of interlocal competition and equity, and the quality of urban life in metropolitan America, but she errs in framing them …
The Housing Court Act (1972) And Computer Technology (2005): How The Ambitious Mission Of The Housing Court To Protect The Housing Stock Of New York City May Finally Be Achieved, Mary Zulack
Faculty Scholarship
1972 to concentrate housing-related cases in a single court and to involve judges in the process of seeing that the housing stock was repaired. When I agreed to contribute an essay on how the Housing Court is fulfilling its obligation to preserve the housing stock, for the October 29, 2004 conference held by The Justice Center of the New York County Lawyers' Association, I imagined I would review annual court-produced statistics. I expected this to include 30 years worth of information about repairs claimed to be needed, orders to repair issued, number of repairs actually made, the range of enforcement …
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Legal Ground Rules In Coordinated And Liberal Market Economies, Katharina Pistor
Faculty Scholarship
This chapter seeks to explain the affinity between the nature of economic systems: coordinated market economies (CMEs) and liberal market economies (LMEs) on the one hand, and legal origin (civil vs common law systems) on the other. It starts with the simple observation that LMEs tend to be common law jurisdictions, and CMEs civil law jurisdictions. It proposes that the affinity between economic and legal system offers important insights into the foundations of different types of market economies and, in particular, differences in the scope of the state vs the powers of the individual. The main argument is that the …
The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman
The Past, Present, And Future Of Violent Crime Federalism, Daniel C. Richman
Faculty Scholarship
The history of the federal involvement in violent crime frequently is told as one of entrepreneurial or opportunistic action by presidential administrations and Congress. The problem with this story, however, is that it treats state and local governments as objects of federal initiatives, not as independent agents. Appreciating that state and local governments courted and benefited from the federal interest is important for understanding the past two decades, but also for understanding the institutional strains created by the absolute priority the feds have given to counterterrorism since September 11, 2001. Intergovernmental relations are at a crossroads. For two decades, the …
Institutional Coordination And Sentencing Reform, Daniel C. Richman
Institutional Coordination And Sentencing Reform, Daniel C. Richman
Faculty Scholarship
Deciding how much time a person should spend in prison for a serious crime is an inherently moral and political act. And it is certainly coldhearted and philosophically problematic to view sentencing as just an agency problem with criminal defendants as objects of a system in which prison terms are simply outputs. So I will not even try to justify resorting to a narrow institutional perspective as a normative matter. But, for better or worse, those political actors with the greatest influence on sentencing regimes have to think in aggregate terms. While there is considerable normative appeal to the idea …
Rights Myopia In Child Welfare, Clare Huntington
Rights Myopia In Child Welfare, Clare Huntington
Faculty Scholarship
For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict, rather than collaboration, between the state and families. In lieu of a solely rights-based …
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
The Essential Role Of Securities Regulation, Zohar Goshen, Gideon Parchomovsky
Faculty Scholarship
This Article posits that the essential role of securities regulation is to create a competitive market for sophisticated professional investors and analysts (information traders). The Article advances two related theses – one descriptive and the other normative. Descriptively, the Article demonstrates that securities regulation is specifically designed to facilitate and protect the work of information traders. Securities regulation may be divided into three broad categories: (i) disclosure duties; (ii) restrictions on fraud and manipulation; and (iii) restrictions on insider trading – each of which contributes to the creation of a vibrant market for information traders. Disclosure duties reduce information traders’ …
Our International Constitution, Sarah H. Cleveland
Our International Constitution, Sarah H. Cleveland
Faculty Scholarship
This Article seeks to challenge and redirect contemporary debate regarding the role of international law in constitutional interpretation based upon an examination of historical Supreme Court practice. The Article has three goals: It first marshals the weight of evidence regarding the Supreme Court's historical use of international law in constitutional analysis, to rebut the claim that the practice is new. It then analyzes the ways that the Court has used international law from a legitimacy perspective, and finally draws lessons from the historical practice to offer preliminary suggestions- regarding the normatively appropriate use of international law.
The Journal: Fortieth Anniversary Volume, Debra A. Livingston
The Journal: Fortieth Anniversary Volume, Debra A. Livingston
Faculty Scholarship
This is to congratulate the editors of the Columbia Journal of Law and Social Problems as they mark the Journal's fortieth anniversary. The Journal's first editor-in-chief, Andrew Krulwich, recalled on the occasion of the thirtieth anniversary that the Journal "began as a germ of an idea to expand the law school journal experience to include more empirical methods and social issues." In 1965, when the first issue was published, there was a growing sense among students and professors that "the traditional sources of legal knowledge," including the established journals and the scholarly expectations that had grown up around them, were …