Law Commons^™

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 …

Energy And Environment Policy Case For A Global Project, Thomas A. Faunce

Thomas A Faunce

A policy case is made for a global project on artificial photosynthesis including its scientific justification, potential governance structure and funding mechanisms.

Trustee Courts And The Judicialization Of International Regimes: The Politics Of Majoritarian Activism In The Echr, The Eu, And The Wto, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

The Structure Of Constitutional Pluralism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Democracy, Courts And The Information Order, Gillian K. Hadfield, Dan Ryan Jr.

Gillian K Hadfield

Conventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of the legal process is common, that there is too much litigation, that it is “all about the money,” and that “a bad settlement is better than a good trial.” This constellation of attitudes that emphasize the economic function of law suggests that courts are an expensive conflict resolution mechanism of last resort and that their use would be minimized in a healthy market-based democracy. In this paper we apply a new sociological framework to understand the meaning and function of civil litigation in a democratic …

Taking No Prisoners: Captive Insurance As An Alternative To Traditional Or Commercial Insurance, Constance A. Anastopoulo

Constance A. Anastopoulo

No abstract provided.

Freedom To Trade And The Competitive Process, Aaron S. Edlin, Joseph Farrell

Aaron Edlin

Although antitrust courts sometimes stress the competitive process, they have not deeply explored what that process is. Inspired by the theory of the core, we explore the idea that the competitive process is the process of sellers and buyers forming improving coalitions. Much of antitrust can be seen as prohibiting firms’ attempts to restrain improving trade between their rivals and customers. In this way, antitrust protects firms’ and customers’ freedom to trade to their mutual betterment.

28. Right And Righteous: Children's Incipient Understanding Of True And False Statements, Thomas D. Lyon, Jodi A. Quas, Nathalie Carrick

Thomas D. Lyon

6. Lyon, T. D. (2005). Ten Step Investigative Interview. [Spanish Version]., Thomas D. Lyon

Thomas D. Lyon

No abstract provided.

It Takes A Team: A Semester Success Story Of Writing, Receiving, And Executing A Grant In One Semester With An English 1110.01 Class, Robert A. Eckhart, Michelle Battista

Robert A. Eckhart

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

Gwendolyn Yvonne Alexis

No abstract provided.

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

Bypassing Bias: How Law Reviews Circumvent Favoritism, Allen P. Mendenhall

Allen Mendenhall

Could peer-reviewed humanities journals benefit by having student editors, as is the practice for law reviews? Are student editors valuable because they are less likely than peer reviewers to be biased against certain contributors and viewpoints? Student editors of and contributors to law reviews may seem to be the notable exception, but legal scholarship is different from humanities scholarship in ways I address here, and law reviews suffer from biases similar to those endemic to peer-reviewed journals. Nevertheless, law review submission and editing probably have less systemic bias than peer-reviewed journals, but not because students edit them. Rather, law review …

Indian Association Of Women's Studies Newsletter, January, 2013, Professor Vibhuti Patel

Professor Vibhuti Patel

The Indian Association for Women’s Studies was established in 1982 by a resolution adopted by the rst National Conference of Women’s Studies held in Mumbai in April 1981. IAWS is registered under the Registrar of Societies (No.S/12936 New Delhi) and under FCRA. The Association provides a forum for interaction among institutions and individuals engaged in teaching, research or action. The membership includes educational and social welfare organisations, and individual academics, researchers, students, activists, social workers, media persons and others concerned with women’s issues, and with women’s development and em powerment. One of the major activities of IAWS is organising a …

First Draft Do Not Publish- Regulations On Firearms: Confessions From A Gun Salesman, Beau W. Cross

Beau W Cross

Over the past year, there has been a heated debate on Capitol Hill about the regulation of firearms and accessories such as high capacity magazines. With many school massacres and other acts of violence due to gunfire taking place in the past few decades, change in regulations was inevitable. A total ban on firearms was not feasible, as a citizen’s right to bear arms is protected through the Second Amendment of the United States Constitution. However, in 2005, President Bush took a stance; he created change in policy by signing the Protection of Lawful Commerce in Arms Act (Arms Act) …

The Role Of Switching Costs In Antitrust Analysis: A Comparison Of Microsoft And Google, Aaron Edlin, Robert Harris

Aaron Edlin

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 …

A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel

Brian Havel

Book Review: 'Living Legislation' By Jeffery A. Jenkins & Eric M. Patashnik (Eds), Brian Christopher Jones

Brian Christopher Jones

No abstract provided.

The Language Of Westernization In Legal Commentary, Holning Lau

Holning Lau

‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek

Péter Cserne

This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.

A Mistake Of Law Defense As A Remedy For Overcriminalization, Paul J. Larkin Jr.

Paul J Larkin Jr.

No abstract provided.

Poverty Law, Jeffrey Selbin, Scott L. Cummings

Jeffrey Selbin

Everyone Is A Terrorist Now: Marginalizing Protest In The U.S, Ivan Greenberg

Ivan Greenberg

The American state believes terrorists are found everywhere there is disagreement and conflict in society. Even though American radicals rarely commit crimes, the FBI claims they pose a major challenge to peaceful social order. The terrorist label so broadly has been misapplied in recent years that it has lost most of its significance and meaning. The practice of political policing (or state "high policing") has become a core function of government in America.

The Corrupting Influence Of The United States On A Vulnerable Intercountry Adoption System: A Guide For Stakeholders, Hague And Non-Hague Nations, Ngos, And Concerned Parties, David M. Smolin

David M. Smolin

This article provides an extensive analysis of the corrupting influence of the United States on the development and present workings of the intercountry/international adoption system. A context for this corrupting influence is provided through a careful analysis of the theoretical and practical vulnerabilities of the intercountry adoption system. The distinctive approaches of the United States to social work, adoption, human rights, children's rights, constitutional law and humanitarian intervention also provides careful analysis. The article is designed to be practical in providing both a clear guide to those interested in reforming the United States' approach to intercountry adoption and related matters, …