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Articles 1 - 30 of 35
Full-Text Articles in Law
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Robert Kagan
Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …
How The Justice System Fails Us After Police Shootings, Caren Morrison
How The Justice System Fails Us After Police Shootings, Caren Morrison
Caren Myers Morrison
No abstract provided.
The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra
The Ecology Of Law: Toward A Legal System In Tune With Nature And Community, Ugo Mattei, Fritjof Capra
Ugo Mattei
No abstract provided.
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi
Yuvraj Joshi
In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington
Tanya Monique Washington
No abstract provided.
Community Legal Services In Perspective: The Development Of Legal Services In Canada, Frederick Zemans, Michael Herman
Community Legal Services In Perspective: The Development Of Legal Services In Canada, Frederick Zemans, Michael Herman
Frederick H. Zemans
The material deals with community legal services and specifically with the various issues that a student will encounter while working at Parkdale Community Legal Services.
Perspectives On Legal Aid: An International Survey, Frederick Zemans
Perspectives On Legal Aid: An International Survey, Frederick Zemans
Frederick H. Zemans
No abstract provided.
From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas
From Crisis To Reform: A New Legal Aid Plan For Ontario, Frederick Zemans, Patrick Monahan, Aneurin Thomas
Frederick H. Zemans
No abstract provided.
A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas
A New Legal Aid Plan For Ontario: Background Papers, Frederick Zemans, Patrick Monahan, Aneurin Thomas
Frederick H. Zemans
No abstract provided.
The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker
The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker
Anne Tucker
No abstract provided.
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
The Constitutional Rhetoric Of White Innocence
The Constitutional Rhetoric Of White Innocence
Cecil J. Hunt II
This article discusses the Supreme Court’s use of the rhetoric of white innocence in deciding racially inflected claims of constitutional shelter. It argues that the Court’s use of this rhetoric reveals that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …
The Story Behind A Letter In Support Of Professor Derrick Bell, Cheryl Butler, Sherrilyn Ifill, Suzette Malveaux, Margaret Montoya, Natsu Saito, Nareissa Smith, Tanya Washington
The Story Behind A Letter In Support Of Professor Derrick Bell, Cheryl Butler, Sherrilyn Ifill, Suzette Malveaux, Margaret Montoya, Natsu Saito, Nareissa Smith, Tanya Washington
Tanya Monique Washington
No abstract provided.
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Chen, Taeku Lee
Reimagining Democratic Inclusion: Asian Americans And The Voting Rights Act, Ming Chen, Taeku Lee
Taeku Lee
No abstract provided.
Law, Literature, And The Legacy Of Virginia Woolf: Stories And Lessons In Feminist Legal Theory, 21 Tex. J. Women & L. 1 (2011), Susan Brody
Susan L. Brody
No abstract provided.
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Better Safe? Why Obergefell Matters Before Court Rules, Tanya Washington
Tanya Monique Washington
No abstract provided.
Il Benicomunismo E I Suoi Nemici, Ugo Mattei
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
Peter L. Lindseth
No abstract provided.
Dreaming Of A Self Beyond Whiteness And Isolation, John Powell
Dreaming Of A Self Beyond Whiteness And Isolation, John Powell
john a. powell
In this Essay I want to engage racial boundaries and social boundaries in general. I want to poke them, prod them, and examine how these boundaries are constructed—not only in the structures and arrangements of our society, but within our processes of self-identification. I want to look at how we create these boundaries, and how they, in turn, create us. I assert that these external boundaries and manifestations of whiteness and internal white identity are linked at a deep level and that a better understanding of this relationship helps to explain why whiteness and racial hierarchy are still reproduced across …
Sentencing Trends For Economic Crime, Robert Sanger
Sentencing Trends For Economic Crime, Robert Sanger
Robert M. Sanger
Economic crime is something that intersects with the work of many practitioners, whether corporate counsel, business lawyers, civil litigators, estate planners, or family lawyers. As many know, the United States Sentencing Guidelines (“Guidelines”) have treated economic crimes with stiff guideline sentences. When the amount of intended loss rises, the sentences accelerate to the level of being extremely harsh. The United States Sentencing Commission has just published the results of their study of sentencing for economic crimes as applied in practice.The Guidelines have been declared to be advisory by the United States Supreme Court in United States v. Booker, 543 U.S. …
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations
Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations
David Gamage
Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification – a fact that has confounded generations of scholars and created a mess of case law. This paper argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability …
Artifactions: The Battle Over The National Endowment For The Arts, Michael Dorf
Artifactions: The Battle Over The National Endowment For The Arts, Michael Dorf
Michael C. Dorf
No abstract provided.
Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey Miller, Emily Sherwin
Mandatory Arbitration For Customers But Not For Peers: A Study Of Arbitration Clauses In Consumer And Non-Consumer Contracts, Theodore Eisenberg, Geoffrey Miller, Emily Sherwin
Emily L Sherwin
We conducted a study of contractual practices by well-known firms marketing consumer products, comparing the firms' consumer contracts with contracts the same firms negotiated with business peers. The frequency of arbitration clauses in consumer contracts has been studied before, as has the frequency of arbitration clauses in non-consumer contracts. Our study is the first to compare the use of arbitration clauses within firms, in different contractual contexts.
The results are striking: in our sample, mandatory arbitration clauses appeared in more than three-quarters of consumer contracts and less than one tenth of non-consumer contracts (excluding employment contracts) negotiated by the same …
Compensation And Revenge, Emily Sherwin
Sex Lex: Creating A Discourse, Gerald Torres
Understanding Patriarchy As An Expression Of Whiteness: Insights From The Chicana Movement, Gerald Torres, Katie Pace
Understanding Patriarchy As An Expression Of Whiteness: Insights From The Chicana Movement, Gerald Torres, Katie Pace
Gerald Torres
Race, of course, is but one aspect of the self or of political or social categorization. Class and gender relations (in addition to other considerations) also combine to structure social relations and individual consciousness. One of the questions that feminists like Catharine MacKinnon and Marylyn Frye asked early on was whether patriarchy has a color. This is not as simple or as odd a question as it might first appear. What this question asks is whether the pattern of racial management is structurally similar to or part of the system of gender management, and vice versa. This Essay examines this …
Max Weber, Talcott Parsons And The Sociology Of Legal Reform: A Reassessment With Implications For Law And Development, Chantal Thomas
Max Weber, Talcott Parsons And The Sociology Of Legal Reform: A Reassessment With Implications For Law And Development, Chantal Thomas
Chantal Thomas
No abstract provided.
On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout
On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout
Lynn A. Stout
In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted to approve …
Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez
Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez
Rhonda V Magee
Chapter from the forthcoming book "Building on Best Practices: Transforming Legal Education in a Changing World" (2015). addresses the need of legal education to prepare cross-culturally competent lawyers. Outlines techniques and educational outcomes to develop law students' intercultural awareness.