Law Commons^™

Banning High Capacity Magazines: Heller And The Right To Bear Arms, Matthew Eitelberg

Matthew J Eitelberg

The debate over gun control, once moribund, is now the topic of political conversation in state legislatures and in Congress. The massacre of 20 schoolchildren and 6 school employees at Sandy Hook Elementary School has made gun control a very real possibility. One target of recent gun control measures is a prohibition on the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Presently, at the state and federal level, legislation has been proposed, or is in the process of being implemented, that would prohibit the sale and manufacture of detachable high-capacity magazines for semiautomatic weapons. Such proposals implicate …

Beyond Interpretation: The "Cultural Approach" To Understanding Extra-Formal Change In Religious And Constitutional Law (Invited Symposium Contribution), Mark Rosen

Mark D. Rosen

No abstract provided.

Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver

Carole Silver

The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …

The Wire And Alternative Stories Of Law And Inequality, Robert Power

Robert C Power

No abstract provided.

Annotations On Protection Of Established Position - A Basic Normative Pattern, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström

Leila Brännström

No abstract provided.

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

Gwendolyn Yvonne Alexis

No abstract provided.

A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman

Leslie C. Levin

The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …

Location And Tracking Of Mobile Devices: Überveillance Stalks The Streets, Katina Michael, Roger Clarke

Professor Katina Michael

During the last decade, location-tracking and monitoring applications have proliferated, in mobile cellular and wireless data networks, and through self-reporting by applications running in smartphones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smartphone-user's location not merely to a cell, but to a small area within it. Innovators have been quick to capitalise on these location-based technologies for commercial purposes, and have gained access to a great deal of sensitive personal data in the process. In addition, law enforcement utilise these technologies, can do so inexpensively and hence can track many …

Towards A Conceptual Model Of User Acceptance Of Location-Based Emergency Services, Anas Aloudat, Katina Michael

Professor Katina Michael

This paper investigates the introduction of location-based services by government as part of an all-hazards approach to modern emergency management solutions. Its main contribution is in exploring the determinants of an individual’s acceptance or rejection of location services. The authors put forward a conceptual model to better predict why an individual would accept or reject such services, especially with respect to emergencies. While it may be posited by government agencies that individuals would unanimously wish to accept life-saving and life-sustaining location services for their well-being, this view remains untested. The theorised determinants include: visibility of the service solution, perceived service …

Reform Of The United States Health Care System: An Overview, Robert B. Leflar

Robert B Leflar

This essay, written for readers unfamiliar with the details of American health law and policy, portrays the essential features of the battle for health reform in the United States and of the law that survived the battle: the Patient Protection and Affordable Care Act (PPACA). The essay summarizes key aspects of the U.S. health care system and how it compares in terms of costs and results with other advanced nations’ systems. The political and legal conflicts leading up to and following PPACA’s enactment are described. The major features of the law, attempting to address problems of access to health care, …

Reform Of The United States Health Care System: An Overview, Robert B. Leflar

Robert B Leflar

This essay, written for readers unfamiliar with the details of American health law and policy, portrays the essential features of the battle for health reform in the United States and of the law that survived the battle: the Patient Protection and Affordable Care Act (PPACA). The essay summarizes key aspects of the U.S. health care system and how it compares in terms of costs and results with other advanced nations’systems. The political and legal conflicts leading up to and following PPACA’s enactment are described. The major features of the law, attempting to address problems of access to health care, quality, …

A Shattered Looking Glass: The Pitfalls And Potential Of The Mosaic Theory Of Fourth Amendment Privacy, David C. Gray, Danielle Keats Citron

Danielle Keats Citron

On January 23, 2012, the Supreme Court issued a landmark non-decision in United States v. Jones. In that case, officers used a GPS-enabled device to track a suspect’s public movements for four weeks, amassing a considerable amount of data in the process. Although ultimately resolved on narrow grounds, five Justices joined concurring opinions in Jones expressing sympathy for some version of the “mosaic theory” of Fourth Amendment privacy. This theory holds that we maintain reasonable expectations of privacy in certain quantities of information even if we do not have such expectations in the constituent parts. This Article examines and explores …

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Susan Rexford

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …

Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii

Harold A. McDougall III

Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.

Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they had been betrayed in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Mahmud Abbas ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements.

Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn

Michael E Lewyn

Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.

Gaining From The System: Lessons From The Law School Survey Of Student Engagement About How Students Benefit From Law School, Carole Silver, Lindsay Watkins, Louis Rocconi, Heather Haeger

Carole Silver

This paper considers the factors that influence law students’ assessment of their development professionally and academically during law school. It uses responses of 5,612 third- and fourth-year law students to the Law School Survey of Student Engagement to identify student activities and behaviors that influence professional and academic gains; individual and law school characteristics also are examined. Four aspects of the law school experience emerge as common influences of students’ professional and academic development.

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan

Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod

Sheldon Nahmod

No abstract provided.

Keeping It Real: Using Facebook Posts To Teach Professionalism And Professional Responsibility, Anna P. Hemingway

Anna P. Hemingway

The Future Prospects Of Embedded Microchips In Humans As Unique Identifiers: The Risks Versus The Rewards, Katina Michael, M.G. Michael

Professor Katina Michael

Microchip implants for humans are not new. Placing heart pacemakers in humans for prosthesis is now considered a straightforward procedure. In more recent times we have begun to use brain pacemakers for therapeutic purposes to combat illnesses such as epilepsy, Parkinson’s Disease, and severe depression. Microchips are even being placed inside prosthetic knees and hips during restorative procedures to help in the gathering of post-operative analytics that can aid rehabilitation further. While medical innovations that utilise microchips abound, over the last decade we have begun to see the potential use of microchip implants for non-medical devices in humans, namely for …

Did Changes In Juvenile Sanctions Reduce Juvenile Crime Rates? A Natural Experiment, Franklin Zimring, Stephen Rushin

Franklin E. Zimring

This essay examines whether state statutory changes to the juvenile justice system during the 1990s contributed to the subsequent decline in juvenile homicide rates. Between 1985 and 1993, juvenile crime rates soared in the United States. Many prominent scholars and politicians argued that this uptick in youth crime was just the beginning of a forthcoming wave of juvenile violence. In response, between 1992 and 1997, forty-seven states enacted statutory changes that made the juvenile justice system more punitive. Between 1993 and 2010, juvenile crime declined markedly, leading some to conclude that that the punitive statutory changes caused the decline in …

Gaining From The System: Lessons From The Law School Survey Of Student Engagement About How Students Benefit From Law School, Carole Silver, Lindsay Watkins, Louis Rocconi, Heather Haeger

Heather Haeger

This paper considers the factors that influence law students’ assessment of their development professionally and academically during law school. It uses responses of 5,612 third- and fourth-year law students to the Law School Survey of Student Engagement to identify student activities and behaviors that influence professional and academic gains; individual and law school characteristics also are examined. Four aspects of the law school experience emerge as common influences of students’ professional and academic development.

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …

Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …

Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady

James C Brady

While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …

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.