Law Commons^™

The Decline And Fall Of The Dominant Paradigm: Trustworthiness Of Case Reports In The Digital Age, William R. Mills

Articles & Chapters

No abstract provided.

The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck

Articles & Chapters

No abstract provided.

Our Founding Feelings: Emotion, Commitment, And Imagination In Constitutional Culture, Doni Gewirtzman

Articles & Chapters

Traditionally, scholars and judges have treated emotion as a destructive force within constitutional culture. This Article uses recent developments in social psychology, neurobiology, and political psychology to challenge this dominant account and reposition emotion as central to our collective constitutional endeavor. It argues that emotion is critical to commitment and imagination, two features of human behavior that are essential to constitutional legitimacy and innovation. Further, emotions shape our perceptions and preferences about constitutional values through their impact on attitude development and moral decision-making. Finally, our increased understanding of emotion's impact on human behavior has the potential to alter the way …

Regulating Discourtesy On The Bench: A Study In The Evolution Of Judicial Independence, Bruce Green, Rebecca Roiphe

Articles & Chapters

In this paper, we argue that the myth of the detached, rational judge, free from emotion runs the risk of undermining the quality of judging, obscuring the transparency of judicial decisions, and deterring the development of diverse judicial styles. We explore the history of the myth of the detached judge and how it made its way into rules of judicial conduct. By contextualizing this image of the judiciary, the article concludes that the rules of judicial conduct have come to embody an antiquated understanding of judicial independence and ought to be revised to reflect a more modern concept of the …

Islam's Fourth Amendment: Search And Seizure In Islamic Doctrine And Muslim Practice, Sadiq Reza

Articles & Chapters

Modern scholars regularly assert that Islamic law contains privacy protections similar to those of the FourthAmendment to the U.S. Constitution. Two Quranic verses in particular - one that commands Muslims not to enter homes without permission, and one that commands them not to 'spy' - are held up, along with reports from the Traditions (Sunna) that repeat and embellish on these commands, as establishing rules that forbid warrantless searches and seizures by state actors and require the exclusion of evidence obtained in violation of these rules. This Article tests these assertions by: (1) presenting rules and doctrines Muslim jurists of …

The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler

Articles & Chapters

No abstract provided.

Coming Together After The Crisis: Global Convergence Of Private Equity And Hedge Funds, Houman B. Shadab

Articles & Chapters

Prior to the subprime-initiated financial crisis, there was a trend within the alternative investment industry towards the convergence of certain private equity and hedge fund strategies and structures. This brief article suggests that although the financial crisis will slow the process of convergence, the trend toward convergence will ultimately continue and strengthen, albeit in some ways along a different trajectory than before the crisis and with some important variations across national boundaries.

Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda Barnhart

Articles & Chapters

No abstract provided.

It’S Doom Alone That Counts: Can International Human Rights Law Be An Effective Source Of Rights In Correctional Conditions Litigation?, Michael L. Perlin, Henry A. Dlugacz

Articles & Chapters

Over the past three decades, the US judiciary has grown increasingly less receptive to claims by convicted felons about the conditions of their confinement while in prison. Although courts have not articulated a return to the 'hands off' policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation ofthe Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas ofprisoners' rights law.

From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate …

An Analysis Of The Implementation And Impact Of The 2004-2005 Amendments To The Community Reinvestment Act Regulations: The Continuting Importance Of The Cra Examination Process, Josh Silver, Richard D. Marsico

Articles & Chapters

In 2004 and 2005, the four federal banking agencies that enforce the Community Reinvestment Act (CRA) amended their CRA regulations. Community groups were concerned that these amendments would have a negative impact on bank CRA performance. In particular, they were concerned that community development lending and investment and the provision of bank branches and other banking services in low- and moderate-income neighborhoods would decline. This article studies the impact of the changes. In summary, the study found that: 1) the CRA examination process has an impact on bank behavior; 2) community development lending and investment by certain lending institutions declined …

Sanborn V. Mclean: Beyond The Limits Of Inquiry Notice, Gerald Korngold

Articles & Chapters

This essay deepens the student's understanding of a leading property case by recounting the story behind the case. It focuses on how lawyers, judges, and policy factors shaped the litigation, and why the case has attained noteworthy status. It is suitable for adoption as a supplement in a first-year property course, or for use in an advanced seminar.

This chapter is reprinted with the permission of Foundation Press: Sanborn v. McLean: Beyond the Limits of Inquiry Notice, Chapter10 in Property Stories (Law Stories), 2nd ed. at 241-264 (Foundation Press, 2009).

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Introduction: Feminist Advocacy, Constitutions And Law, Penelope Andrews

Articles & Chapters

The programs and projects of the last few decades of feminist advocacy have been applauded, resisted, andvilified. Despite these divergent responses, there is no doubt that in societies across the globe women’s voices in the legal and political realm are no longer muted. Organizing and lobbying on all five continents, aided and abetted by the liberating possibilities of the innovative communications technology, especially the internet, women advocates have created the discursive space in the political, legal, social, and economic realm to influence governmental policies, law and practice. Developments in the last few decades have illustrated the concerted efforts by women …

Introduction [Comments], Andrew Scherer

Articles & Chapters

No abstract provided.

Regulatory Competition, Choice Of Forum And Delaware’S Stake In Corporate Law, Faith Stevelman

Articles & Chapters

As Delaware corporate law confronts the twenty-first-century global economy, the state's legislators and jurists are becoming sensitive to increased threats to the law's sustained preeminence. The increased presence of federal laws and regulations in areas of corporate governance traditionally allocated to the states has been widely noted. The growth of federal corporate law standards may be undermining Delaware's confidence in the sustained prosperity of its chartering business - which has been a vital source of revenues and prestige for Delaware, its equity courts, and especially its corporate bar. The Delaware Court of Chancery appears to be concerned about the emigration …

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.

The Clinical Year, Stephen J. Ellmann

Articles & Chapters

This article makes the case for the value – and the feasibility, under current accreditation and related rules governing law schools - of a clinical rotation for law students, modeled on the rotations that are a key part of medical school education. The “clinical year,” which would engage students in almost full-time practice/study for their third year of law school, could be a significant step in building the complete apprenticeship that the Carnegie Foundation for the Advancement of Teaching has urged. It would also rely to a large extent on the supervision, and teaching, that adjunct law school faculty – …

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

Articles & Chapters

No abstract provided.