Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (11)
- Constitutional Law (10)
- Civil Rights and Discrimination (7)
- Criminal Procedure (5)
- Law and Politics (5)
-
- Law and Society (5)
- Supreme Court of the United States (5)
- Entertainment, Arts, and Sports Law (4)
- Evidence (4)
- Criminal Law (3)
- Intellectual Property Law (3)
- Law and Philosophy (3)
- Comparative and Foreign Law (2)
- Human Rights Law (2)
- Law and Race (2)
- Religion Law (2)
- Taxation-Federal (2)
- Arts and Humanities (1)
- Business Organizations Law (1)
- Common Law (1)
- Communications Law (1)
- Courts (1)
- Fourteenth Amendment (1)
- Health Law and Policy (1)
- Health Services Administration (1)
- History (1)
- Immigration Law (1)
- International Law (1)
- International Trade Law (1)
- Institution
-
- University of Michigan Law School (13)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Duquesne University (3)
- BLR (2)
- Duke Law (2)
-
- Fordham Law School (2)
- Selected Works (2)
- American University Washington College of Law (1)
- Boston University School of Law (1)
- Cleveland State University (1)
- Fordham University (1)
- Louisiana State University Law Center (1)
- Northern Illinois University (1)
- Nova Southeastern University (1)
- Penn State Dickinson Law (1)
- Saint Louis University School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Missouri School of Law (1)
- University of Richmond (1)
- University of South Carolina (1)
- Publication
-
- Articles (7)
- Nevada Law Journal (5)
- Ledewitz Papers (3)
- ExpressO (2)
- Michigan Journal of International Law (2)
-
- Michigan Telecommunications & Technology Law Review (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Cleveland State Law Review (1)
- Duke Law Journal (1)
- Faculty Publications (1)
- Faculty Scholarly Works (1)
- Faculty Scholarship (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Fordham Law Review (1)
- Frank R. Herrmann, S.J. (1)
- History (1)
- ILSA Journal of International & Comparative Law (1)
- Journal Articles (1)
- Journal of Health Care Law and Policy (1)
- Law and Contemporary Problems (1)
- Matthew Rimmer (1)
- Northern Illinois University Law Review (1)
- Other Publications (1)
- Saint Louis University Law Journal (1)
- South Carolina Law Review (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah
Risk, Rents, And Regressivity: Why The United States Needs Both An Income Tax And A Vat, Reuven S. Avi-Yonah
Articles
In this article, Prof. Avi-Yonah argues that the legal academic debate about fundamental tax reform from 1974 onward has been skewed by the assumption that a consumption tax must replace the income tax. He addresses three of the major issue in recent writings on the income/consumption tax debate, and shows how none of the arguments in favor of the consumption tax are conclusive. Avi-Yonah also addresses the various consumption tax proposals that have been made and shows that they are all deficient in comparison with a VAT, as well as failing to achieve the goals of an income tax. Finally, …
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt
Duke Law Journal
The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …
The Bright Future Of Gay Marriage, Bruce Ledewitz
The Bright Future Of Gay Marriage, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski
The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski
History
This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing
Rebellious Lawyering, Settlement, And Reconciliation: Soko Bukai V. Ywca, Bill Ong Hing
Nevada Law Journal
No abstract provided.
The Mississippi Of The West?, Michael S. Green
The Mississippi Of The West?, Michael S. Green
Nevada Law Journal
No abstract provided.
"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor
"Justice Is Slow But Sure": The Civil Rights Movement In The West: 1950-1970, Quintard Taylor
Nevada Law Journal
No abstract provided.
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Foreword: Pursuing Equal Justice In The West, Lynne Henderson
Nevada Law Journal
No abstract provided.
The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White
The March That Never Happened: Desegregating The Las Vegas Strip, Claytee White
Nevada Law Journal
No abstract provided.
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
The Historical And Political Origins Of The Corporate Board Of Directors, Franklin A. Gevurtz
ExpressO
Prompted by the litany of complaints about corporate boards – as once again highlighted by recent corporate scandals – this paper seeks to add to the literature on why corporation laws in the United States (and, indeed, around the world) generally call for corporate governance by or under a board of directors. Moreover, this paper takes a very different approach in searching for an answer. Instead of theorizing, this paper examines historical sources in order to look at how and why an elected board of directors came to be the accepted mode of corporate governance. This will entail a reverse …
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps
Law and Contemporary Problems
Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Equality In Culture And Law: An Introduction To The Origins And Evolution Of The Equal Protection Principle, Lawrence Schlam
Northern Illinois University Law Review
To set the stage for this symposium on emerging issues in equal protection, this article introduces the reader to the historic cultural and philosophical origins of the notion of equality in western civilization, the antebellum state jurisprudence on equal protection under law, and the evolution of the meaning and use of the equal protection clause from the passage of the Fourteenth Amendment to the present.
History In Journalism And Journalism In History: Anthony Lewis And The Watergate Crisis, Pnina Lahav
History In Journalism And Journalism In History: Anthony Lewis And The Watergate Crisis, Pnina Lahav
Faculty Scholarship
Let me plunge right into a Lewis column to convey his marvelous craft in weaving the past into a contemporary moment. This one is from July 8, 1974. The column is about the oral argument before the Supreme Court in the Executive Privilege case, which was about to enter the constitutional canon as United States v. Nixon. Lewis writes as both eyewitness and commentator. He begins with constitutional history invoking Marbury v. Madison:
"It seemed at times like a constitutional casebook come to life. Marbury v. Madison was not only cited but, for a moment, debated. What exactly …
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
Two Standards Of Competency Are Better Than One: Why Some Defendants Who Are Not Competent To Stand Trial Should Be Permitted To Plead Guilty, Jason R. Marshall
University of Michigan Journal of Law Reform
This Note argues that the present uniform standard of competency, competence to stand trial, be abolished in favor of two standards: competence to stand trial and competence to plea bargain. Part I traces the history of the competency standard by exploring its common law origins, the Supreme Court rulings that frame the debate, an academic reformulation of the competency inquiry, and the interests protected by requiring that defendants be competent to proceed through the criminal process. Part II contrasts the cognitive abilities, capacity to communicate with counsel, and courtroom behavior of defendants standing trial with those qualities required of defendants …
Brown And The Idea Of Progress In American Legal History: A Comment On William Nelson, Mary L. Dudziak
Brown And The Idea Of Progress In American Legal History: A Comment On William Nelson, Mary L. Dudziak
Saint Louis University Law Journal
No abstract provided.
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes
Michigan Telecommunications & Technology Law Review
This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan
Michigan Telecommunications & Technology Law Review
The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …
What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron
What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron
Faculty Publications
In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …
Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry
Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry
Faculty Scholarly Works
The article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. The article begins by focusing on "Track #2" of the GATS and the obligation under GATS Article VI:4 to develop "any necessary disciplines." In 1998, WTO Members implemented GATS Article VI:4 by adopting "Disciplines" that apply to the accoutnancy sector. WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) and other non-governmental organizations a "consultation letter" …
Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer
Dow Chemical Co. V. Stephenson: Class Action Catch 22, Sara Maurer
South Carolina Law Review
No abstract provided.
Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas
Time Travel, Hovercrafts, And The Fourth Amendment: If James Madison Could Have Seen The Future, George C. Thomas
ExpressO
Recent historical work has raised the intriguing possibility that the Framers meant to accomplish only one goal in the Fourth Amendment: to forbid general warrants. On this historical account, the first clause stating a right of the people to be "free from unreasonable searches and seizures" is merely declaratory of the principle that led the Framers to ban general warrants. Rephrased to be true to this history, the Fourth Amendment would say: "The right of the people to be secure in their persons, houses, papers, and effects against general warrants shall not be violated, and no general warrants shall issue." …
Gossip We Can Trust: Defamation Law And Non-Fiction, Matthew Rimmer
Gossip We Can Trust: Defamation Law And Non-Fiction, Matthew Rimmer
Matthew Rimmer
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Human Dignity And The Claim Of Meaning: Athenian Tragic Drama And Supreme Court Decisions, James Boyd White
Articles
I am going to bring together what may seem at first to be two extremely different institutions for the creation of public meaning, namely classical Athenian tragedy and the Supreme Court opinion.1 My object is not so much to draw lines of similarity and distinction between them, as a cultural analyst might do, as to try to capture something of what I believe is centrally at work in both institutions, in fact essential to what each at its best achieves. I can frame it as a question: How is it that the best instances of each genre (for I will …
Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean
Health Care's "Thirty Years War": The Origins And Dissolution Of Managed Care, Edward P. Richards, Thomas R. Mclean
Journal Articles
No abstract provided.
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Justice Harlan’S Law And Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Michigan Journal of International Law
Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …
The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz
ILSA Journal of International & Comparative Law
Recent economic downturns in Argentina, Uruguay, and Venezuela, to name a few Latin American states among others in various parts of the world, have once again raised serious concerns regarding the ability of international lenders or creditors to recover on the sovereign and private debt instruments that they hold
Medicare At 40: A Mid-Life Crisis?, Nancy-Ann Deparle
Medicare At 40: A Mid-Life Crisis?, Nancy-Ann Deparle
Journal of Health Care Law and Policy
No abstract provided.