Law Commons^™

Legal Theory From The Regulative Point Of View, Alani Golanski

Alani Golanski

A Strategy For Teaching Objectivity To The Domestic Relations Student: Utilizing Psychodrama To Explore Attorney Empathy Toward Improving Family Law Outcomes, Bruce L. Beverly

Bruce L. Beverly

The basic domestic relations law course is often taught by the casebook method, with little reference to actual underlying human drama. In order to produce effective advocates, it is necessary for student to be brought out of the sterile case recitation model and into a role where the student experiences, in a controlled and directed fashion, some of the hardships faced by the players in a family law case. This article proposes that, in line with new emphasis on experiential learning and alternate learning styles, one might employ a psychodramatic approach to teaching the domestic relations course, in order to …

Can A Pluralistic Commonwealth Endure?, Brian M. Mccall

Brian M McCall

This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.

The Interest Convergence Of Education Reform And Economic Development: A Response To "The State Of Our Unions", Jonathan C. Augustine

Jonathan C. Augustine

No abstract provided.

Environmental Justice In The Deep South: A Golden Anniversary Reflection On Stimulus And Change, Jonathan C. Augustine

Jonathan C. Augustine

Not Only ‘Who Decides’: The Rhetoric Of Conflicts Over Judicial Appointments, Fernando Muñoz

Fernando Muñoz

This article looks at the conflicts surrounding the appointment of constitutional judges, focusing not so much on the characteristics of particular candidates but on the debates that they give rise to. Who are the actors in these conflicts? What arguments do they employ? What are their agendas? What is at stake in these disputes?

“Legislated Isomorphism Of Immigrant Religions: Lessons From Sweden”, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

No abstract provided.

Deciding To Cross: The Norms And Economics Of Unauthorized Migration, Emily Ryo

Emily Ryo

Why are there so many unauthorized migrants in the United States? Using unique survey data collected in Mexico through the Mexican Migration Project, I develop and test a new decisionmaking model of unauthorized labor migration. The new model considers the economic motivations of prospective migrants, as well as their beliefs, attitudes, and social norms regarding U.S. immigration law and legal authorities. My findings show that perceptions of certainty of apprehension and severity of punishment are not significant determinants of the intent to migrate illegally; however, perceptions of availability of Mexican jobs and the dangers of border crossing are significant determinants …

Black Marriage, White People, Red Herrings, Melissa Murray

Melissa Murray

No abstract provided.

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan

Donald J. Kochan

This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …

Whither Workforce Housing?, Matthew J. Parlow

Matthew Parlow

Plain Language Prospects In American Public Law: Insiders Weigh In, Brian Christopher Jones

Brian Christopher Jones

While many international lawmaking jurisdictions have incorporated plain language principles for statutory drafting, the United States remains reluctant, and subsequently has no official policy on employing such principles for the drafting of federal legislation. Though Executive Orders and congressional statutes regarding plain writing have recently been enacted, these have been aimed at Executive Agency regulations and communications, not statutes. This article explores the current prospects of plain language implementation for U.S. statutory law, relying primarily on interviews from Congressional insiders, including lawmakers, staffers and legal/political journalists. Responses demonstrated that plain language standards for statutory law in the U.S. do not …

Manipulating Public Law Favorability: Is It Really This Easy?, Brian Christopher Jones

Brian Christopher Jones

Can favorability for public laws be manipulated merely by changing the short title of the bill or act? Based on an exploratory survey of undergraduate students from the University of Stirling, the results suggest that naming may indeed play a small but significant part of the assessment. Employing five different types of short titles, it was found that “evocative” titles attracted higher favorability ratings than the “descriptive/ technical” titles. Additionally, the survey found that most participants were satisfied with a short vignette of information on the bill or law rather than further explanation, and a notable number of participants supported …

Plain English Hong Kong Articles Of Association, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This draft provides a plain English version of Hong Kong's Form B Model Articles of Association. I provide it here mostly so I can easily download it later for my own use.