Law Commons^™

Arkansas Game & Fish Comm'n V. United States: When A Taking By Any Other Name Is Still A Taking: Why International Government-Induced Temporal Floods Should Be Governed By Takings Analysis, William C. Wollander

Duquesne Law Review

No abstract provided.

Death Of Contracts, The, Franklin G. Snyder, Ann M. Mirabito

Duquesne Law Review

No abstract provided.

Legal Origin Theory [Book Review], Dana Neacsu

Law Faculty Publications

In this volume, Simon Deakin, Professor of Law at the University of Cambridge and Katharina Pistor, the Michael I Sovem Professor of Law at Columbia Law School, considered the merits of Legal Origin Theory (LOT) in three fields of inquiry: the study of comparative law, the analysis of the relation between law and markets, and the understanding of the role of legal systems in social ordering. In their succinct and provocative introduction, Deakin and Pistor discuss the evolution of this legal theory without shying away from its controversial nature.

Experimenting With Religious Liberty: The Quasi-Constitutional Status Of Religious Exemptions, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Controversy Over Citations To Foreign Authorities In American Constitutional Adjudication And The Conflict Of Judicial Philosophies: A Reply To Professor Glendon, The, Michel Rosenfeld

Duquesne Law Review

No abstract provided.

Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler

Duquesne Law Review

No abstract provided.

Through Our Glass Darkly: Does Comparative Law Counsel The Use Of Foreign Law In U.S. Constitutional Adjudication?, Kenneth Anderson

Duquesne Law Review

No abstract provided.

Role Of Comparative Law In Shaping Corporate Statutory Reforms, The, Marco Ventoruzzo

Duquesne Law Review

No abstract provided.

Introductory Note To Dott. Vito Cozzoli's Parliamentary Groups In The Evolving Italian Political System, Dante Figeuroa

Duquesne Law Review

No abstract provided.

Breaking The Law To Be Within The Law, Anya Lernatovych

Duquesne Law Review

No abstract provided.

Bad Boys, Whatcha Gonna Do When They Come For You: An Examination Of The United States' Denial Of Asylum To Young Central American Males Who Refuse Membership In Transnational Criminal Gangs, Lauren E. Sullivan

Duquesne Law Review

No abstract provided.

The Vietnam Draft Cases And The Pro-Religion Equality Project, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Technology, Alienation, And The Future Of Litigation-Based Social Change, Dana Neacsu

Law Faculty Publications

This article addresses the apparent inconsistency of the impact technology has on the "rights vocabulary." It theorizes how, in certain circumstances, it erodes this progressive vocabulary by making it and the subsequent judicial litigation superfluous.

The Many Texts Of The Law, Michael Davis, Dana Neacsu

Law Faculty Publications

This paper contends that even as jurists invoke the official canonic version of the legal text, it is in danger of being replaced for the jurist, as well as for the lay person, if it has not been substituted already, by some apocryphal, inauthentic or casual text. We argue that in addition to the approximate nature of legal knowledge, the overuse of overedited and perverted casebooks, as well as the distribution of legal information among imperfect sources – some official but partial, others inauthentic but highly accessible, and a few reliable but highly unaffordable commercial sources – are largely responsible …

Limiting Criminal Law’S “In For A Penny, In For A Pound” Doctrine, Wesley M. Oliver

Law Faculty Publications

The Supreme Court took two cases this Term involving doctrines of criminal law typically dealt with by state courts, and in each of them, it limited criminal liability for harms not attributable to a defendant’s culpability.

Although the Court interprets federal criminal statutes with some frequency, it rarely considers provisions of statutes that would provide persuasive authority for the interpretation of state criminal codes—at least not the most used provisions of state criminal codes. Unlike state criminal laws, federal criminal laws have jurisdictional requirements and generally have more complex components. It is typically these unique aspects of federal criminal laws …

Parliamentary Groups In The Evolving Italian Political System, Vito Cozzoli

Duquesne Law Review

No abstract provided.