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2016

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Articles 1 - 30 of 2036

Full-Text Articles in Law

Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios Dec 2016

Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios

Allan C. Hutchinson

This paper argues that formal constitutions and their institutional paraphernalia do more to inhibit and mitigate the emancipatory potential of democracy than to nurture and realize it. Spanish Abstract: La relación entre democracia y constituciones es larga y turbulenta. La tendencia de los que se inclinan hacia el lado constitucionalista ha sido la de percibir a la democracia como una amenaza al orden político y a la preservación de ciertos valores considerados importantes, mientras que los que adoptan una postura democrática, más que cualquier otra cosa, tienden a tratar a las constituciones como un obstáculo a la participación popular. En ...


The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker Dec 2016

The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker

Janet Walker

Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:


When Helpers Hurt: Protecting Taxpayers From Preparers, Michelle L. Drumbl Dec 2016

When Helpers Hurt: Protecting Taxpayers From Preparers, Michelle L. Drumbl

Michelle L. Drumbl

None available.


56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon Dec 2016

56. Pragmatic Failure And Referential Ambiguity When Attorneys Ask Child Witnesses “Do You Know/Remember” Questions., Angela D. Evans, Stacia N. Stolzenberg, Thomas D. Lyon

Thomas D. Lyon

“Do you know” and “Do you remember” (DYK/R) questions explicitly ask whether one knows or remembers some information while implicitly asking for that information. This study examined how 104 4- to 9-year-old children testifying in child sexual abuse cases responded to DYK/R wh- and yes/no questions. When asked DYK/R questions containing an implicit wh- question requesting information, children often provided unelaborated “Yes” responses. Attorneys’ follow-up questions suggested that children usually misunderstood the pragmatics of the questions. When DYK/R questions contained an implicit yes/no question, unelaborated “Yes” or “No” responses could be responding to the ...


A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik Dec 2016

A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik

Dan Subotnik

No abstract provided.


How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas Dec 2016

How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas

Tessa Kansas

The Panama Papers not only revealed how major corporations use tax havens for money laundering and the like, but art world dynasty, the Nahmad Family, has been exposed to a potential scandal; owning a piece of Nazi Looted art. The contested ownership of the Modigliani painting, Seated Man with a Cane, discovered in the leak of the Panama Papers highlights the increasingly opaque art world, and how it hurts those seeking restitution. The journal article will discuss the lengthy saga that has become the history of Seated Man with a Cane, and the true owner who has yet to be ...


Holmes's 'Path Of The Law' As Non-Analytic Jurisprudence, Dan Priel Dec 2016

Holmes's 'Path Of The Law' As Non-Analytic Jurisprudence, Dan Priel

Dan Priel

Despite being widely read and the source of numerous oft-cited aphorisms “The Path of the Law” remains elusive. To put the matter starkly: What is its thesis? Does it have one? How can we reconcile its matter-of-factly opening pages and its almost mystical conclusion? For some this was just proof that Holmes was a superficial and contradictory thinker; for others it suggested that “Path” should be read a series of interesting insights and arresting phrases, and nothing more. In this essay I suggest reading Holmes’s famous speech as an essay with a thesis about, well, the path of the ...


Trump's Supreme Court, Alan E. Garfield Dec 2016

Trump's Supreme Court, Alan E. Garfield

Alan E Garfield

No abstract provided.


Leveling Localism And Racial Inequality Through The No Child Left Behind Public Choice Provision, Erika K. Wilson Dec 2016

Leveling Localism And Racial Inequality Through The No Child Left Behind Public Choice Provision, Erika K. Wilson

Erika Wilson

While much attention is paid to issues of segregation and inequality in education, little attention is paid to the role that school district boundary lines play in creating segregation and inequality in education. Living on one side of a school district boundary line rather than another can mean the difference between being able to attend a high achieving resource enriched school or having to attend a low achieving, resource deprived school. Nevertheless, the federal judiciary--the institution looked upon to remedy issues of school segregation and inequality--is unable to adequately remedy segregation and inequality between school districts because it evidences a ...


Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson Dec 2016

Blurred Lines: Public School Reforms And The Privatization Of Public Education, Erika K. Wilson

Erika Wilson

No abstract provided.


Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson Dec 2016

Gentrification And Urban Public School Reforms: The Interest Divergence Dilemma, Erika K. Wilson

Erika Wilson

No abstract provided.


The New School Segregation, Erika K. Wilson Dec 2016

The New School Segregation, Erika K. Wilson

Erika Wilson

No abstract provided.


Toward A Theory Of Equitable Federated Regionalism In Public Education, Erika K. Wilson Dec 2016

Toward A Theory Of Equitable Federated Regionalism In Public Education, Erika K. Wilson

Erika Wilson

No abstract provided.


Proportionality, Discretion, And The Roles Of Judges And Prosecutors At Sentencing, Palma Paciocco Dec 2016

Proportionality, Discretion, And The Roles Of Judges And Prosecutors At Sentencing, Palma Paciocco

Palma Paciocco

The Supreme Court of Canada recently held that prosecutors are not constitutionally obligated to consider the principle of proportionality when exercising their discretion in a manner that narrows the range of available sentences: since only judges are responsible for sentencing, they alone are constitutionally required to ensure proportionality. When mandatory minimum sentences apply, however, judges have limited sentencing discretion and may be unable to achieve proportionality. If the Court takes the principle of proportionality seriously, and if it insists that only judges are constitutionally bound to enforce that principle, it must therefore create new tools whereby judges can avoid imposing ...


Objective Mens Rea And Attenuated Subjectivism: Guidance From Justice Charron In R. V. Beatty, Palma Paciocco Dec 2016

Objective Mens Rea And Attenuated Subjectivism: Guidance From Justice Charron In R. V. Beatty, Palma Paciocco

Palma Paciocco

Justin Ronald Beatty was driving on the Trans-Canada Highway on July 23, 2003 when, for no apparent reason, his truck suddenly crossed the solid centre line and collided with an oncoming car, killing three people. Beatty was charged with dangerous operation of a motor vehicle causing death. He was acquitted at trial on the grounds that his momentary lapse of attention was not enough to establish fault. The Crown appealed, and the Court of Appeal ordered a new trial after concluding that the trial judge had misapplied the fault standard. Beatty appealed to the Supreme Court of Canada, which undertook ...


Thoughts On Those Transperfect Ads, Lawrence A. Hamermesh Dec 2016

Thoughts On Those Transperfect Ads, Lawrence A. Hamermesh

Lawrence A. Hamermesh

No abstract provided.


Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan Dec 2016

Correlative Obligation In Patent Law: The Role Of Public Good In Defining The Limits Of Patent Exclusivity, Srividhya Ragavan

Srividhya Ragavan

In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as property rights granted to encourage desirable innovation. This definition is a misfit as treating patents as property rights does a poor job of defining the limits of the patent rights as well as the public benefit goals of the system. This misfit gradually caused an imbalance in the rights versus duties construct within patent law. After a thorough analysis of the historical and philosophical perspectives of patent exclusivity, this Article ...


Ubit Me!, Thomas E. Simmons Dec 2016

Ubit Me!, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson Dec 2016

Why I Don’T Teach Administrative Law (And Perhaps Why I Should?), Allan C. Hutchinson

Allan C. Hutchinson

This Commentary reflects upon the challenges of teaching Administrative Law today. Drawing upon the author’s own career trajectory and his commitment to a critical account of law and adjudication, the article seeks to question the foundations of both administrative law and critical theory. It offers no comprehensive or cogent plan as to what to do, but insists upon the relevance and importance of combining both legal theory and legal doctrine in a convincing pedagogical approach.


The Law And Ethics Of Civil Depositions , A. Darby Dickerson Dec 2016

The Law And Ethics Of Civil Depositions , A. Darby Dickerson

Darby Dickerson

No abstract provided.


Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson Dec 2016

Facilitated Plagiarism: The Saga Of Term-Paper Mills And The Failure Of Legislation And Litigation To Control Them, Darby Dickerson

Darby Dickerson

No abstract provided.


The Quintessential Law Library And Librarian In A Digital Era, Femi Cadmus Dec 2016

The Quintessential Law Library And Librarian In A Digital Era, Femi Cadmus

Femi Cadmus

Libraries, like most institutions and industries today, are faced with disruptive technologies that challenge their relevancy in a digital era. As a result, erstwhile notions and nostalgia associated with the quintessential library and librarian are changing rapidly. This is a compelling era to reimagine the library, retaining essential traditions alongside the new technologies, which facilitate the preservation, discoverability, accessibility, and delivery of information. It is also an opportunity for libraries to respond creatively and innovatively to change. The quintessential law library and librarian cannot only survive but can also thrive in the digital era by continuing to demonstrate value through ...


Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell Nov 2016

Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell

Thomas W. Mitchell

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white ...


Brief Of Amicus Curiae The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff - Appellant And Urging Reversal, Ahmed Salem Bin Ali Jaber, Et Al V. Usa, Et Al, Docket No. 16-05093 (D.C. Cir. 2016), Steven D. Schwinn Nov 2016

Brief Of Amicus Curiae The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff - Appellant And Urging Reversal, Ahmed Salem Bin Ali Jaber, Et Al V. Usa, Et Al, Docket No. 16-05093 (D.C. Cir. 2016), Steven D. Schwinn

Steven D. Schwinn

No abstract provided.


The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov Nov 2016

The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article contributes to the nascent debate about the globally emerging, yet largely undefined, phenomenon of evidence-based judicial review of legislation, by offering a novel conceptualization of evidence-based judicial review.

It argues that evidence-based judicial review can have two related, but very different, meanings: one in which the judicial decision determining constitutionality of legislation is a product of independent judicial evidence-based decision-making; and the other in which the judicial decision on constitutionality of legislation focuses on evidence about the question of whether the legislation was a product of legislative evidence-based decision-making. 

The article then employs this novel insight about the ...


De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco Nov 2016

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.


Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin Nov 2016

Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin

Leslie Levin

Liability insurers often informally regulate the behavior of their insureds through the underwriting process, premium pricing, contract design, and risk management practices. This Article explores whether lawyer professional liability (“LPL”) insurers effectively regulate the behavior of solo and small firm lawyers in ways that encourage responsible conduct. The Article draws on interviews of insurance industry executives, risk management counsel, and insured lawyers, as well as insurer documents and surveys of lawyers, to explore the impact of LPL insurers on the work lives of solo and small firm lawyers. The research reveals that LPL insurers appear to regulate the behavior of ...


Access To Justice And Small Claims Courts: Supporting Latin American Civil Reforms Through Empirical Research In Los Angeles County, California, Ricardo Lillo Nov 2016

Access To Justice And Small Claims Courts: Supporting Latin American Civil Reforms Through Empirical Research In Los Angeles County, California, Ricardo Lillo

Ricardo Lillo

The purpose of this article is to provide an analysis on the use of Small Claims Courts as a mechanism to improve access to justice in order to support the ongoing reform movement in Latin-American countries in civil matters. In this region, this essential information is intended to be used by policymakers to help judiciaries to confront several barriers that currently face common citizens: lack of information, high economic cost of the judicial process and obtaining legal representation, corruption, extreme formalism, delays, and even the geographical location of the courts. The experience on the implementation of the Small Claims Courts ...


Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr. Nov 2016

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Table of Contents, Volume 1, Issue 1, 2016, Dignity: A Journal on Sexual Exploitation and Violence.


Is The Internet Rotting Oklahoma Law?, Lee Peoples Nov 2016

Is The Internet Rotting Oklahoma Law?, Lee Peoples

Lee Peoples

No abstract provided.