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Articles 1 - 14 of 14
Full-Text Articles in Law
Studying Japanese Law Because It's There, Tom Ginsburg
Studying Japanese Law Because It's There, Tom Ginsburg
Tom Ginsburg
No abstract provided.
El Fraude Político En La Argentina, Horacio M. Lynch
El Fraude Político En La Argentina, Horacio M. Lynch
Horacio M. LYNCH
Ensayo que indaga el concepto del “fraude electoral o político” buscando la acepción correcta del término y de sus maniobras conexas, y eventualmente cómo pueden denominarse las actividades enderezadas a manipular la opinión pública para influir en el resultado de las elecciones entorpeciendo el libre ejercicio del sufragio (¿delitos contra la Constitución?) y eventualmente cómo pueden prevenirse y sancionarse. En la Ia. Parte se indaga (a) en su acepción amplia, sobre el fraude electoral en la Argentina a lo largo de un siglo: sus prácticas iniciales y como ha ido evolucionando y sofisticando; (b) en qué medida maniobras de manipulación …
The Rationality Aspect Of The Case Referrals System: Thoughts On The Supreme People’S Court Practices(案件请示制度合理的一面_从最高人民法院角度展开的思考), Meng Hou
Hou Meng
No abstract provided.
Judicial Application Of Village Rules(村规民约的司法适用), Meng Hou
Judicial Application Of Village Rules(村规民约的司法适用), Meng Hou
Hou Meng
No abstract provided.
Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, Grant H. Morris
Teaching With Emotion: Enriching The Educational Experience Of First-Year Law Students, Grant H. Morris
Grant H Morris
Through the case method and Socratic dialogue, first year law students are taught to develop critical legal analytic skills–to “think like a lawyer.” Those skills, however, are primarily, if not entirely, intellectual. This article discusses the need to address emotional issues in educating law students. Unlike other articles, my article does not merely urge professors to raise such issues in their classes and discuss them analytically. Rather, I want students to actually experience emotion in the classroom setting as they discuss various fact situations and the legal principles involved in the resolution of disputes involving those facts. Law students need …
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Civil Procedures For A World Of Shared And User-Generated Content, Ira Nathenson
Ira Steven Nathenson
Scholars often focus on the substance of copyrights as opposed to the procedures used to enforce them. Yet copyright enforcement procedures are at the root of significant overreach and deserve greater attention in academic literature. This Article explores three types of private enforcement procedures: direct enforcement (cease-and-desist practice); indirect enforcement (DMCA takedowns); and automated enforcement (YouTube’s Content ID filtering program). Such procedures can produce a “substance-procedure-substance” feedback loop that causes significant de facto overextensions of copyrights, particularly against those creating and sharing User-Generated Content (UGC). To avoid this feedback, the Article proposes descriptive and normative frameworks aimed towards the creation …
The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler
The Legal Profession Behind Bars: A Balanced Approach To Reforming The Bar Exam And Multijurisdictional Legal Practice, Stephanie A. Nadler
Stephanie A Nadler
At one time there may have been sound reasons for confining a lawyer’s skills and practice to a particular state. But in today’s legal market, that practice is antiquated. This paper will argue that the current state-centered system of legal practice in the United States operates inefficiently, and, due in part to the evolving transnational legal environment, the system requires reform at the national level. While one may expect to find that a particular state competes for applicants to take the bar exam or for attorneys to practice in that state, such competition does not exist. In fact, the current …
Cómo Se Consiguen Las Buenas Calificaciones, Leonardo García Jaramillo
Cómo Se Consiguen Las Buenas Calificaciones, Leonardo García Jaramillo
Leonardo García Jaramillo
No abstract provided.
Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang
Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang
Wei Zhang
When customers temporarily deposit their personal properties with a business which collects a fee, either directly or by incorporating the charge into the price of its goods or services (such as a locker at the supermarket, a parking garage, or a bank safe deposit box), it has long been disputed whether a bailment or a lease contract arises between the two parties. In this paper, I tried to approach this problem from a law and economics perspective. Efficiency-oriented judges should establish rules motivating parties to take optimal precautions to minimize the social costs associated with the loss of the property. …
Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger
Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger
Linda L. Berger
This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom …
Levinas, Law Schools And The Poor: They Stand Over Us, Marie A. Failinger
Levinas, Law Schools And The Poor: They Stand Over Us, Marie A. Failinger
Marie A. Failinger
The philosopher Emmanuel Levinas has written about the ethics of the Face and our responsibility to the Other who is standing over us, demanding that we respond to his need and his welcome. This essay, which is written in Levinasan style, challenges the complacency of most American law schools in response to the plight of the poor. It proposes ways in which the law school curriculum, space and programs can be re-configured to bring the poor into community with legal educators and students.
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight
The Potential Contribution Of Adr To An Integrated Curriculum: Preparing Law Students For Real World Lawyering, John Lande, Jean R. Sternlight
John Lande
This Article briefly reviews the long history of critiques of legal education that highlight the failure to adequately prepare students for what they will and should do as attorneys. It takes a sober look at the hurdles reformers face when trying to make significant curricular changes. Recognizing these substantial barriers, it proposes a modest and feasible menu of reforms that interested faculty and law schools can achieve without investing substantial additional resources. The proposals are not intended as a comprehensive package to be implemented on an all-or-nothing basis but as a set of options to be selected by individual faculty …
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Collaborative Community-Based Natural Resource Management, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
Carlo A. Pedrioli
To date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers …