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Full-Text Articles in Law
From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer
From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer
Julian C. Juergensmeyer
No abstract provided.
On The Battlefield Of Merit, Daniel Coquillette
On The Battlefield Of Merit, Daniel Coquillette
Daniel R. Coquillette
War, Dearth And Theft In The Eighteenth Century: The Record Of The English Courts, Douglas Hay
War, Dearth And Theft In The Eighteenth Century: The Record Of The English Courts, Douglas Hay
Douglas C. Hay
No abstract provided.
Writing Canadian Legal History: Origins, Philip Girard
Writing Canadian Legal History: Origins, Philip Girard
Philip Girard
No abstract provided.
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …
The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette
The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette
Daniel R. Coquillette
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand
Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand
Michael A Helfand
No abstract provided.
Justice Stevens And His Clerks, Nancy Marder
Book Review (Reviewing Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America (2013)), Steven Heyman
Steven J. Heyman
No abstract provided.
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett
John Ehrett
This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …