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Articles 31 - 39 of 39
Full-Text Articles in Law
In Her Own Voice: Ann Scales As Philosopher, Storyteller, Feminist, And Jurisprude, Patricia A. Cain
In Her Own Voice: Ann Scales As Philosopher, Storyteller, Feminist, And Jurisprude, Patricia A. Cain
Faculty Publications
This Essay references numerous articles written by Ann Scales and discusses ways in which she spoke as a philosopher, a storyteller, a feminist, and a jurisprude. The author’s favorite lines from these articles are reproduced and explored in the context in which they were written. Many of the quotes are witty and capture the gist of a situation or a feminist point without the need for further explanation. Others express a point of view in such creative ways that they bring new insights to those of us who grapple with feminist issues.
Family Drama: Dangling Inheritances And Promised Lands, Patricia A. Cain
Family Drama: Dangling Inheritances And Promised Lands, Patricia A. Cain
Faculty Publications
This paper reviews Hartog’s 2012 book, Someday All this will be Yours: A History of Inheritance and Old Age. Relying on case documents from trial courts in New Jersey in the early twentieth century, Hartog tells the rich stories behind these cases. The cases involve claims by family members, usually sons or daughters, who were promised inheritances in exchange for taking care of an aged parent. Sometimes those promises are enforced and sometimes not. The stories behind the cases, and Hartog’s observations about them. should be of interest to teachers and scholars of wills, trusts, and estates.
Can Competencies Drive Change In The Legal Profession?, Terri Mottershead, Sandee Magliozzi
Can Competencies Drive Change In The Legal Profession?, Terri Mottershead, Sandee Magliozzi
Faculty Publications
No abstract provided.
Psychological Essentialism And Opposition To Human Embryonic Stem Cell Research, Kerry L. Macintosh
Psychological Essentialism And Opposition To Human Embryonic Stem Cell Research, Kerry L. Macintosh
Faculty Publications
No abstract provided.
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Immigration Federalism: A Reappraisal, Pratheepan Gulasekaram, Karthick Ramakrishnan
Faculty Publications
This Article identifies how the current spate of state and local regulation is changing the way elected officials, scholars, courts, and the public think about the constitutional dimensions of immigration law and governmental responsibility for immigration enforcement. Reinvigorating the theoretical possibilities left open by the Supreme Court in its 1875 Chy Lung v. Freeman decision, state and local offi- cials characterize their laws as unavoidable responses to the policy problems they face when they are squeezed between the challenges of unauthorized migration and the federal government’s failure to fix a broken system. In the October 2012 term, in Arizona v. …
Training The Heads, Hands And Hearts Of Tomorrow's Lawyers: A Problem Solving Approach, Lisa A. Kloppenberg
Training The Heads, Hands And Hearts Of Tomorrow's Lawyers: A Problem Solving Approach, Lisa A. Kloppenberg
Faculty Publications
No abstract provided.
Cristina's World: Lessons From El Salvador's Ban On Abortion, Michelle Oberman
Cristina's World: Lessons From El Salvador's Ban On Abortion, Michelle Oberman
Faculty Publications
No abstract provided.
Fixing Software Patents, Eric Goldman
Fixing Software Patents, Eric Goldman
Faculty Publications
This paper discusses software patents’ unique attributes, challenges in trying to address problems with software patents, and some ideas for fixing the problems with software patents. It was written in connection with a November 2012 conference at Santa Clara University School of Law entitled “Solutions to the Software Patent Problem,” and the initial version of this paper was published in three posts at the Tertium Quid blog at Forbes.
Defunding State Prisons, W. David Ball
Defunding State Prisons, W. David Ball
Faculty Publications
Local agencies drive criminal justice policy, but states pick up the tab for policy choices that result in state imprisonment. This distorts local policies and may actually contribute to increased state prison populations, since prison is effectively “free” to the local decisionmakers who send inmates there. This Article looks directly at the source of the “correctional free lunch” problem and proposes to end state funding for prisons. States would, instead, reallocate money spent on prisons to localities to use as they see fit — on enforcement, treatment, or even per-capita prison usage. This would allow localities to retain their decision-making …