Law Commons^™

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

Tessa Kansas

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 …

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 …

Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei

Ugo Mattei

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Fairness And The Willingness To Accept Plea Bargain Offers, Avishalom Tor

Avishalom Tor

In contrast with the common assumption in the plea bargaining literature, we show fairness-related concerns systematically impact defendants' preferences and judgments. In the domain of preference, innocents are less willing to accept plea offers (WTAP) than guilty defendants and all defendants reject otherwise attractive offers that appear comparatively unfair. We also show that defendants who are uncertain of their culpability exhibit egocentrically biased judgments and reject plea offers as if they were innocent. The article concludes by briefly discussing the normative implications of these findings.

Law, Religion, And Politics: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Professor Richard Garnett, of University of Notre Dame Law School, presented on the topic Law, Religion, and Politics: Understanding the Separation of Church and State. This workshop was presented as part of the Hesburgh Lecture Series through the Alumni & Friends of University of Notre Dame and was co-sponsored by the Notre Dame Alumni Club of Miami. This workshop examined how to understand the Constitution's "separation of church and state" and what it requires of religious believers and institutions.

Econometrics In The Courtroom, Daniel L. Rubinfeld

Daniel L. Rubinfeld

No abstract provided.

Compensation For Takings: An Economic Analysis, Lawrence Blume, Daniel L. Rubinfeld

Daniel L. Rubinfeld

Analyzes the provisions of the fifth amendment of the U.S. Constitution related to the regulatory takings and just compensation for private properties in the 1980s. Decision on the supreme court case Pennsylvania Coal Co. v. Mahon; Regulation of lower courts on regulatory takings; Provisions on compensation as insurance against regulatory takings.

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

Peer Zumbansen

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

Surrogacy And Dignity: Rights And Relationships, Kate Galloway

Kate Galloway

In this Journal, Rachel Kunde shared her experiences as an altruistic surrogate, advocating for greater government support for surrogate mothers. Based on her own experience, her argument suggests that recognising women’s bodily autonomy is a central consideration in liberalising the regulation of surrogacy. Importantly, she argues that surrogacy arrangements need not impair the dignity of the surrogate mother. In particular, her advocacy appears to presuppose reproductive rights both in the intending parents to found a family, and for the surrogate to bear a child. This article responds to Kunde. While celebrating Kunde’s contribution to the discourse through her personal narrative, …

The Outmoded Debate Over Affirmative Action, Daniel A. Farber

Daniel A Farber

Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.

Is The Radical Critique Of Merit Anti-Semitic, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

Conventional concepts of merit are under attack by some Critical Legal Scholars, Critical Race Theorists, and radical feminists. These critics contend that "merit" is only a social construct designed to maintain the power of dominant groups. This Article challenges the reductionist view that merit has no meaning except as a tool for those in power to perpetuate the existing social order. The authors observe that certain traditionally oppressed groups, most notably Jews and Asian Americans, are disproportionately represented in some desirable economic and educational positions. They have in that sense "succeeded" beyond the supposedly dominant majority. The economic and educational …

Legal Research And Legal Concepts: Where Form Molds Substance, Robert C. Berring

Robert Berring

Explores the impact of technological innovations in legal research. Information on the earliest forms of modern legal research materials; Details on the legal literature; Current situation in the field of legal research.

Anti-Essentialism And The Work/Family Dilemma, C. Albiston

Catherine R. Albiston

Presents an article focusing on social policies addressing work and family issues among women. Information on the family leave master narrative that underlies calls for paid family leave policies; Media discussions about working women solving the work and family conflict by opting out of employment to stay home and care for their children; Advantages offered by structural approaches over antidiscrimination measures based on formal equality.

How To Have A Culture War, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Roundtable Discussion: Is Subversion Subversive?, Zipporah Wiseman, Kathryn Abrams, Katherine Franke, David Kennedy

Kathryn Abrams

Presents a roundtable discussion on the subversive nature of legal archaeology in women's studies. Structural tension or contradictions in women's studies; Need to fully theorize the connection of legal archaeology to the term feminist; Role of subversion in teaching humility; Evolution of feminist theory as a discipline; Role of feminism in promoting democracy.

How To Have A Culture War, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Hearing The Call Of Stories, Kathryn Abrams

Kathryn Abrams

In this Article, Professor Abrams examines the emergence of feminist narrative scholarship as a distinctive form of critical legal discourse. Arguing that the failure to debate publicly the conventions and merits of this form has perpetuated misunderstandings about its claims and disadvantaged its practitioners, she begins by examining several of the critiques that have been offered, in nonpublic settings, of feminist narratives. To provide background and context for examining these critiques, she then analyzes four recent examples of feminist narrative legal scholarship. In the final section of the Article, Professor Abrams returns to the opening critiques. She argues that their …

Conceptions Of Authority And The Anglo-American Common Law Divide, Dan Priel

Dan Priel

This essay seeks to explain the puzzle of the divergence of American law from the rest of the common law world through the lens of legal theory. I argue that there are four competing ideal-type theories of the authority of the common law: reason, practice, custom, and will. The reason view explains the authority of the common law in terms of correspondence to the demands of pure practical reason; the practice view sees the authority of the common law as derived from the expertise of practitioners (especially judges and practice-oriented academics) who try to develop the common law as a …

Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

Review Of Legislation And Policy Guidance Relating To Adult Social Care In Northern Ireland, J Duffy, Subhajit Basu, G Davidson, K Pearson

Subhajit Basu

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes

Power, Economics And The 'Islamic Terrorism' Narrative, Alev Dudek

Alev Dudek

New Adventures Of Old Pauline Law, Tawia Baidoe Ansah

Tawia B. Ansah

This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …

News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli

Carol Pauli

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.

Using Social Norms As A Substitute For Law, Bryan H. Druzin

Bryan H. Druzin