Law Commons^™

Legal Theory And The Variety Of Legal Cultures, Sheldon Leader

Journal of Civil Law Studies

This essay begins with a consideration of two anxieties about courts that are common to the civil and common law traditions: a worry about illegitimate judicial law making, and a worry about judicial bias. It will then move to the contribution legal theories might make in dealing with these shared anxieties, with a focus on a position that draws on the two largest contestants: natural law and legal positivism. It will end with an indication of the further distance that theory needs to take us before these worries about the judiciary can be effectively tackled.

The Reform Of Legal Education In China And Japan: Shifting From The Continental To The American Model, Xiangshun Ding

Journal of Civil Law Studies

No abstract provided.

Press Freedom In Indonesia: A Case Of Draconian Laws, Statutory Misinterpretation, But Still One Of The Freest In Southeast Asia, Nono Anwar Makarim

Journal of Civil Law Studies

No abstract provided.

Common Law, Civil Law, And The Challenge From Federalism, Santiago Legarre

Journal of Civil Law Studies

No abstract provided.

The Principle Of Proportionality: The Challenges Of Human Rights, Juan Cianciardo

Journal of Civil Law Studies

The purpose of the present paper can be synthesized in the following points: a) to expose the concept of the principle of proportionality in its broadest sense and its different components or dimensions; b) to draw the attention to an approach which is usually not studied by authors, that is, the fact that the application of the principle is not enough to guarantee the supremacy of the human rights, at least in some cases; c) lastly, to point out those requirements that could protect proportionality from the risk mentioned in b).

Academic Legal Writings By Saúl Litvinoff

Journal of Civil Law Studies

No abstract provided.

Complete V.3

Journal of Civil Law Studies

No abstract provided.

Under Pressure: Rethinking Externships In A Bleak Economy, Robert Lancaster, Cynthia Baker

Journal Articles

No abstract provided.

Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William R. Corbett

Journal Articles

The article focuses on the U.S. Supreme Court’s recent decision in which the Court held that a plaintiff asserting an intentional age discrimination claim cannot avail himself of the mixed-motives proof structure and instead must prove but-for causation. Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009). The decision was controversial, and it has provoked calls for a legislative response. My article considers Gross from two perspectives. First, Gross is the second Supreme Court decision, following Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003), to interpret the effects of the Civil Rights Act of 1991 on the …

Evolving Viruses And Stagnant Public Health Policies: Flu, Fear, And Free Riders, Edward P. Richards

Journal Articles

No abstract provided.

Private Force/Public Goods, Scott M. Sullivan

Journal Articles

This Article rethinks the benefits and dangers of private force in war. It shows that privatization must be viewed within the special requirements and confines of national security policy making and weighed against available alternatives. Contrary to academic and mainstream conventional wisdom, this Article concludes that national security privatization comports well with core constitutional and democratic principles and offers greater transparency and democratic control than commonly understood. Moreover, this Article argues that the American use of privatized force reflects and accomplishes normative and democratic commitments of international and domestic law that would be impossible to replicate through other policy avenues.

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Journal Articles

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a …

Convergence In Contort: Landlord Liability For Defective Premises In Comparative Perspective, Melissa T. Lonegrass

Journal Articles

No abstract provided.

Killing, Letting Die, And The Case For Mildly Punishing Bad Samaritanism, Ken M. Levy

Journal Articles

For over a century now, American scholars (among others) have been debating the merits of “bad-samaritan” laws – laws punishing people for failing to attempt “easy rescues.” Unfortunately, the opponents of bad-samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states even have bad-samaritan laws, and these laws impose only the most minimal punishment – either sub-$500 fines or short-term imprisonment.

This Article argues that this situation needs to be remedied. Every state should criminalize bad samaritanism. For, first, criminalization is required by the supreme value that we place on protecting human life, a …

"Cricket On The Hearth": Edward Douglass White And The Constitution, Paul R. Baier

Journal Articles

No abstract provided.

Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan

Journal Articles

No abstract provided.

The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall

Journal Articles

No abstract provided.

When Is A Use In Commerce A Noncommercial Use?, Lee Ann Lockridge

Journal Articles

When is a use in commerce a noncommercial use? This question may sound like the opening for a ridiculous legal riddle, but it is a real conundrum in trademark dilution law. The current federal dilution statute, section 43(c) of the Lanham Act, creates liability based on the "use of a mark or trade name in commerce," when that use is likely to blur or tarnish a famous mark. At the same time, the statute characterizes certain activities as nonactionable "exclusions," including 'any noncommercial use of a mark." So the use of a mark in commerce can be a noncommercial use-but …

Honoring International Obligations In U.S. Trademark Law: How The Lanham Act Protects Well-Known Foreign Marks (And Why The Second Circuit Was Wrong), Lee Ann Lockridge

Journal Articles

No abstract provided.

Some Thoughts On Chuck Lorre: "Bad Words" And "The Raging Paranoia Of Our Network Censors", Christine Corcos

Journal Articles

No abstract provided.

Neal Feigenson And Christina Spiesel: Law On Display: The Digital Transformation Of Legal Persuasion And Judgment, Christine Corcos

Journal Articles

No abstract provided.

No.13 - December 2009, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Surgery Or Butchery? Engquist V. Oregon, Class-Of-One Equal Protection, And The Shift To Categorical Treatment Of Public Employees' Constitutional Claims, Matthew C. Juneau

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Title Page

Louisiana Law Review

No abstract provided.

Volume Contents

Louisiana Law Review

No abstract provided.

New Labor Law Reform Variations On An Old Theme: Is The Employee Free Choice Act The Answer?, William B. Gould Iv

Louisiana Law Review

No abstract provided.

First Contract Arbitration And The Employee Free Choice Act, Catherine L. Fisk, Adam R. Pulver

Louisiana Law Review

No abstract provided.

A Consumer Warning For The Restatement Of Employment Law: Read Carefully Before Applying, Matthew W. Finkin

Louisiana Law Review

No abstract provided.

Equitable Prescription Drug Coverage: Preventing Sex Discrimination In Employer-Provided Health Plans, Stephen F. Befort, Elizabeth C. Borer

Louisiana Law Review

No abstract provided.