Law Commons^™

Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

John H. Blume

No abstract provided.

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles Collier

Charles W. Collier

No abstract provided.

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Charles W. Collier

No abstract provided.

Teaching Contracts From A Socioeconomic Perspective, Jeffrey L. Harrison

Jeffrey L Harrison

This essay begins with a brief discussion of what socioeconomics is. In this section I also address whether one must be well versed in conventional economics in order to apply a socioeconomic perspective. I then discuss the basic themes that are present throughout my contracts class that stem from my interest in socioeconomics. Underlying these themes is the more fundamental goal of devising methodologies for assessing the quality of contracts. By quality, I mean something more and perhaps more subtle than whether the parties have conformed to all the formal requirements. Instead, I encourage students to examine whether all of …

Mediation Techniques For Code Enforcement Officers, Jalae Ulicki, Penny Willrich

Jalae Ulicki

Ballad Of A Thin Man: Sociolegal Studies In A Time Of Postmodern Crisis, Jonathan Simon

Jonathan S Simon

This article comments on a speech by Boaventura de Sousa Santos which was addressed to the Law and Society Association during its Annual Meeting on June 3, 1995 in Toronto, Canada, about the metaphors of a new conception of law. According to Santos, what is taking place, as of 1995, is simultaneously a crisis of subjectivity and government. The project of emancipation, Santos suggests, has collapsed into regulation. Santos offers three metaphors for the kinds of knowledge and law which may facilitate the construction of postmodern subjectivities. In the frontier, the baroque, and the South, Santos finds emancipatory possibilities. He …

The Ideological Effects Of Actuarial Practices, Jonathan Simon

Jonathan S Simon

Over the last century, there has been significant growth of practices that distribute costs and benefits to individuals based on statistical knowledge about the population. These actuarial practices, like insurance premium setting and standardized testing in educational admissions, are successful largely because they allow power to be exercised more effectively and at lower political cost. At the same time, they generate ideological effects that have the potential to transform the way individuals understand themselves and their groups. In a 1978 case, 'City of Los Angeles Department of Water and Power' v. 'Manhart,' the Supreme Court considered a challenge to the …

Feminism Versus Multiculturalism, Leti Volpp

Leti Volpp

No abstract provided.

Talking Culture: Gender, Race, Nation, And The Politics Of Multiculturalism, Leti Volpp

Leti Volpp

Responds to Doriane Lambelet Coleman's position on cultural defenses and the politics of multiculturalism in the United States. Addressing of the limited presentation of culture as bound by certain anthropological constructions; Discussion on Coleman's adherence to neutral principles and her promotion of culture blindness; Depiction of non-European immigrant culture as primitive.

Do Androids Dream Of Electric Free Speech? Visions Of The Future Of Copyright, Privacy And The First Amendment In Science Fiction, Daxton R. Stewart

Daxton "Chip" Stewart

Science fiction authors have long projected the future of technology, including communication devices and the way in which future societies may use them. In this essay, these visions of future technology, and their implications on the future of media law and policy, are explored in three areas in particular – copyright, privacy, and the First Amendment. Themes examined include moving toward massively open copyright systems, problems of perpetual surveillance by the state, addressing rights of obscurity in public places threatened by wearable and implantable computing devices, and considering free speech rights of autonomous machines created by humans. In conclusion, the …

Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich

Quentin Hanich

No abstract provided.

Fisheries Jurisdiction Under The Law Of The Sea Convention: Rights And Obligations In Maritime Zones Under The Sovereignty Of Coastal States, Martin Tsamenyi, Quentin Hanich

Quentin Hanich

International fisheries governance contains no specific provisions detailing States' rights and obligations in respect of fisheries in maritime zones classified as falling under the sovereignty of coastal States, namely: internal waters, archipelagic waters and territorial seas. Using a case-study of the Western and Central Pacific Fisheries Commission, this article demonstrates that there is still a gap in international fisheries governance relating to fisheries in 'waters under sovereignty' which requires remedying, and concludes by providing some possible management options to fill the gap.

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

The Courts And The Media: Challenges In The Era Of Digital And Social Media, Patrick Keyzer, Jane Johnston, Mark Pearson

Jane Johnston

The jury system is under threat, as jurors turn to Google and defy instructions to stick to the evidence. The news media struggle with inconsistent suppression orders. Judges wonder how to insulate justice from Twitter and Facebook. The eminent contributors to this book are Chief Justices, journalists, News Ltd’s former CEO, legal scholars and court officials. They see the anxieties from different viewpoints - and the opportunities as well - but none are under illusions about how serious (and complex) the issues are becoming.

Authors, Copyright, And Publishing In The Digital Era, Francina Cantatore

Francina Cantatore

Basic copyright laws and enforcements have been in effect for hundreds of years. However, laws with such extensive histories can often make understanding them complicated. As publishing moves into a digital arena, copyright laws have become increasingly complex.

Authors, Copyright, and Publishing in the Digital Era not only addresses the current complexities that arises with authors and copyright laws when publishing digitally, but it also sheds light on the current processes and procedures in place concerning copyright options for digital publishers. This publication addresses a global audience in the manner in which it discusses traditional methods used in publishing before …

Legal Research: Should Students Learn It Or Wing It, Robert C. Berring, Kathleen Vanden Heuvel

Kathleen Vanden Heuvel

Response to an article by Christopher G. and Jill Robinson Wren entitled 'The teaching of legal research' which appeared in Law Library Journal, 80, 1988, for abstract see 88/5195, and presents a wide-ranging critique of legal research instruction. Argues that the Wrens misinterpreted the writings of Frederick Hicks and the bibliographic method of teaching. Suggestions for an alternative method for teaching legal research in law schools are proposed. 00 Original abstract--amended

Sprawl And The Law, Michael Lewyn

Michael E Lewyn

Powerpoint used as basis for speech explaining legal issues related to suburban sprawl, focusing on legal rules (such as single-use zoning, minimum parking requirements, and subdivision regulations encouraging wide streets and long blocks) that contribute to sprawl.

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.

What Is The Mission Of The Catholic Law School?, Richard Garnett

Richard W Garnett

Article "What is the Mission of the Catholic Law School?" by Rick Garnett in the Irish Rover. The article is part of a talk given by Prof. Garnett.

Justice Scalia's Jurisprudence, Megim A. Parks

Megim A Parks

This paper analyzes Justice Scalia's decisions and reasonings as to affirmative action, examining closely his rulings regarding what he calls "disparate-impact" discrimination versus "unintentional" discrimination, focusing on cases wherein affirmative action was either questioned or considered.

Taking Back The Legal Profession, Lee T. Nutini

Lee T Nutini

A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.

The Birth Of A New Teaching Idea.Pdf, Jalae Ulicki

Jalae Ulicki

Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas

Arthur Mitchell Fraas

This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …

The Law Of Direct Democracy, Henry S. Noyes

Henry S. Noyes

A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools (Book Review), Jeremiah A. Ho

Jeremiah A. Ho

Review of Teaching Law: Justice, Politics, and the Demands of Professionalism. By Robin L. West. Cambridge and New York: Cambridge University Press. 2014. Pp. 246. Cloth, $90; paper, $32.99.

Burden Of Decision: Judging Presidential Disability Under The Twenty-Fifth Amendment, Daniel J.T. Schuker

Daniel Schuker

This Article offers a new approach to understanding, classifying, and assessing cases of presidential disability. In constitutional terms, “presidential disability” refers to any condition that renders the President of the United States “unable to discharge the powers and duties” of the office. Remarkably, the existing legal infrastructure under the Twenty-Fifth Amendment provides no guidance for determining when a President has become constitutionally disabled. Nor does it explain when the President (under Section 3) should initiate the succession process, and when the Vice President and other senior officials (under Section 4) should take the lead instead. During crises of presidential disability, …

A Christian On Listening With Jewish Ears And Hearing With The Heart Of God, Randy Lee

Randy Lee

No abstract provided.

Juridische Filatelie: Der Verbeelding Van Recht En Jurist Op Postzegels, Jan M. Smits

Jan M Smits

This illustrated contribution considers the representation of law, judges and lawyers on stamps.

A Methodological Proposal For A National Survey Of Data Protection In E-Government In Mexico, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

The present research paper is an attempt to study the aspects related to e-government and data protection in Mexico, and at the same time, in view of the lack of empirical data presents a methodological proposal for the urgent implementation of a national survey. We focus in the protection of personal data used by public administrators to provide public services.