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Articles 1801 - 1830 of 7214

Full-Text Articles in Law

Restore Colorado's Repair Doctrine For Construction- Defect Claims, Michael F. Lutz Jan 2012

Restore Colorado's Repair Doctrine For Construction- Defect Claims, Michael F. Lutz

University of Colorado Law Review

The "repair doctrine" is a common law defense to statutes of limitations. It protects defective product and property buyers who delay suit due to sellers' promises to make repairs. Recently, in Smith v. Executive Custom Homes, the Colorado Supreme Court rejected the repair doctrine for construction-defect claims due to an apparent redundancy between the doctrine and the notice-and-opportunity-to repair provision of Colorado's Construction Defect Action Reform Act. This Note explains why Smith was wrongly decided.

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Between Tradition And Progress: A Comparative Perspective On Polygamy In The United States And India, Cyra Akila Choudhury Jan 2012

Between Tradition And Progress: A Comparative Perspective On Polygamy In The United States And India, Cyra Akila Choudhury

University of Colorado Law Review

Both the United States and India have had longstanding experiences with polygamy and its regulation. In the United States, the dominant Protestant majority has sought to abolish Mormon practices of polygamy through criminalization. Moreover, a public policy exception has been used to deny recognition of plural marriages conducted legally elsewhere. India's approach to polygamy regulation and criminalization has been both similar to and different from that of the United States. With a sizable Muslim minority and a legal framework that recognizes religious law as family law, India recognizes polygamy in the Muslim minority community. However, it has criminalized it in …

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What American Legal Theory Might Learn From Islamic Law: Some Lessons About 'The Rule Of Law' From 'Shari'a Court' Practice In India, Jeffrey A. Redding Jan 2012

What American Legal Theory Might Learn From Islamic Law: Some Lessons About 'The Rule Of Law' From 'Shari'a Court' Practice In India, Jeffrey A. Redding

University of Colorado Law Review

In 2010, voters in the state of Oklahoma passed a constitutional amendment that prohibits the Oklahoma courts from considering "Sharia Law." A great deal of the support for this amendment and similar (ongoing) legal initiatives appears to be generated by a deep-seated paranoia about Muslims and Islamic law that has taken root in many parts of the post-9/11 United States. This Article contends that the passage of this Oklahoma constitutional amendment should not have been surprising given that it is not only right-wing partisans who have felt the need to strictly demarcate and police the boundaries of the American legal …

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It Happens In The Dark: Examining Current Obstacles To Identifying And Rehabilitating Child Sex- Trafficking Victims In India And The United States, Emily K. Harlan Jan 2012

It Happens In The Dark: Examining Current Obstacles To Identifying And Rehabilitating Child Sex- Trafficking Victims In India And The United States, Emily K. Harlan

University of Colorado Law Review

The governments of India and the United States have been struggling for years to eradicate child sex trafficking within their borders. Nevertheless, many Indian and American child sex-trafficking victims have yet to be identified as victims or provided with rehabilitation services. Both countries need to make additional legal and policy reforms to ensure their legal systems correctly identify child sextrafficking victims and provide them with meaningful opportunities for rehabilitation. This Note identifies police corruption in India and the disparate treatment of foreign and domestic victims in the United States as the major obstacles to correctly identifying child sex-trafficking victims, and …

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Different Names For The Same Thing: Domestic Homicides And Dowry Deaths In The Western Media, Jennifer Parker Jan 2012

Different Names For The Same Thing: Domestic Homicides And Dowry Deaths In The Western Media, Jennifer Parker

University of Colorado Law Review

Domestic violence is a global phenomenon that knows no geographic or cultural bounds. Whether they are shot, poisoned, stabbed, or burned, women across the world are dying at the hands of their male partners. Nevertheless, the Western media's portrayal of dowry deaths in India illustrates American society's failure to, or refusal to, connect dowry deaths to the parallel domestic homicides committed in the United States every day. From a postcolonial feminist standpoint, this Note argues that this disjunction is neither accidental nor inconsequential but rather reinforces the United States' hegemonic self-perception as a society in which women's liberation has been …

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Why A Wall, Pratheepan Gulasekaram Jan 2012

Why A Wall, Pratheepan Gulasekaram

Publications

No abstract provided.

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Reading Over Your Shoulder: Social Readers And Privacy Law, Margot Kaminski Jan 2012

Reading Over Your Shoulder: Social Readers And Privacy Law, Margot Kaminski

Publications

No abstract provided.

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The U.S. Trade Representative's Democracy Problem: The Anti-Counterfeiting Trade Agreement (Acta) As A Juncture For International Lawmaking In The United States, Margot Kaminski Jan 2012

The U.S. Trade Representative's Democracy Problem: The Anti-Counterfeiting Trade Agreement (Acta) As A Juncture For International Lawmaking In The United States, Margot Kaminski

Publications

No abstract provided.

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The Water Marketing Solution, Mark Squillace Jan 2012

The Water Marketing Solution, Mark Squillace

Publications

No abstract provided.

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Introductory Remarks: International Energy Governance, Lakshman Guruswamy Jan 2012

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Publications

No abstract provided.

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Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain Jan 2012

Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain

Publications

No abstract provided.

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Understanding The United States' Incarceration Rate, William T. Pizzi Jan 2012

Understanding The United States' Incarceration Rate, William T. Pizzi

Publications

What has caused prison sentences to climb so sharply and consistently in the last four decades?

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Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag Jan 2012

Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag

Publications

This brief essay sketches the ways in which four leading economic thinkers (Knight, Coase, Posner and Sunstein) have dealt with a vexing tension in the relations of economics to law, the state, and the social. The tension arises as microeconomists address (or fail to address) the relations of their theories to “soft factors” such as psychology, politics, social institutions, etc. These soft factors are at once clearly consequential for economic behavior (and thus arguably should be included in the theories). At the same time, these soft factors are not self-evidently subject to determination by any known economic laws (and thus …

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Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts, Scott R. Peppet Jan 2012

Freedom Of Contract In An Augmented Reality: The Case Of Consumer Contracts, Scott R. Peppet

Publications

This Article argues that freedom of contract will take on different meaning in a world in which new technology makes information about places, goods, people, firms, and contract terms available to contracting parties anywhere, at any time. In particular, our increasingly "augmented reality" calls into question leading justifications for distrusting consumer contracts and strengthens traditional understandings of freedom of contract. This is largely a descriptive and predictive argument: This Article aims to introduce contract law to these technologies and consider their most likely effects. It certainly has normative implications, however. Given that the vast majority of consumer contracting occurs in …

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Lies And The Constitution, Helen Norton Jan 2012

Lies And The Constitution, Helen Norton

Publications

Although the Supreme Court declared almost forty years ago that “there is no constitutional value in false statements of fact,” the Court in United States v Alvarez ruled that the First Amendment protects at least some -- and perhaps many -- intentional lies from government prohibition. In Alvarez, a divided Court struck down the Stolen Valor Act, a federal statute that made it a crime for any person to state falsely that he or she had received a military decoration or medal. In three separate opinions, all of the Justices agreed that the First Amendment permits the government to …

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Secrets, Lies, And Disclosure, Helen Norton Jan 2012

Secrets, Lies, And Disclosure, Helen Norton

Publications

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the …

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Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel Jan 2012

Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel

Publications

This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …

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Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew Jan 2012

Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew

Publications

The qui tam provision of the Civil False Claims Act effectively serves to expand the government’s capacity to combat fraud, but also invites abusive prosecution against blameless public contractors. Although the public disclosure jurisdictional bar is designed to permit worthy claimants to proceed as whistle blowers while precluding parasitic opportunists from unfairly imposing litigation costs and reaping undeserved awards, the inconsistent judicial interpretation of the original source exception threatens predictable and just law enforcement. Christopher Alexion’s note categorizes the approaches courts have taken as ranging from permissive, to “middle ground” to restrictive based on the timing of the relator’s disclosure, …

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A Shift To Narrativity, Derek H. Kiernan-Johnson Jan 2012

A Shift To Narrativity, Derek H. Kiernan-Johnson

Publications

Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal text or …

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Government Speech In Transition, Helen Norton Jan 2012

Government Speech In Transition, Helen Norton

Publications

This symposium essay explores the legacy of the Supreme Court’s decision in Johanns v. Livestock Mktg. Ass’n. There the Court offered its clearest articulation to date of its emerging government speech doctrine. After characterizing contested expression as the government’s, the Court then held such government speech to be exempt from free speech clause scrutiny. In so doing, the Court solved at least one substantial problem, but created others that remain unresolved today. On one hand, Johanns marked the Court’s long overdue recognition of the ubiquity and importance of government speech, appropriately exempting the government’s own expressive choices from free …

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From Tiger Mom To Panda Parent, Peter H. Huang Jan 2012

From Tiger Mom To Panda Parent, Peter H. Huang

Publications

This response to Yale Law Professor Amy Chua’s book, Battle Hymn of the Tiger Mother, complements a much longer and related article that is also in part a response to Chua’s book: Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting, 1 British Journal of American Legal Studies 297 (2012). This brief essay discusses the cultural differences between Chinese and Western views about education, learning, and parenting. This editorial draws on research in social psychology to analyze the stereotype of Asians and Asian Americans as being competent yet unsociable. Finally, this reflection draws …

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Renegotiating The Social Contract, Jennifer S. Hendricks Jan 2012

Renegotiating The Social Contract, Jennifer S. Hendricks

Publications

This review of The Supportive State: Families, Government and America’s Political Ideals highlights Maxine Eichner’s important theoretical contributions to both liberal political theory and feminist theory, applauding her success in reforming liberalism to account for dependency, vulnerability, and families. The review then considers some implications of Eichner’s proposals and their likely reception among feminists. It concludes that The Supportive State is a sound and inspiring response to recent calls that feminist theory move from being strictly a school of criticism to developing a theory of governance.

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Tax Neutrality And Tax Amenities, David Hasen Jan 2012

Tax Neutrality And Tax Amenities, David Hasen

Publications

Efforts to identify and implement an appropriate tax neutrality benchmark have been persistent themes in scholarly and policy debates on international taxation for fifty years. This paper questions whether the concept of tax neutrality has been adequately specified for analyzing the efficiency properties of international tax systems. As distinct from the closed-economy setting, in the open-economy setting, neither tax revenues received nor the burdens that tax revenues pay for may be taken as fixed. Because tax revenues finance infrastructure and other productivity-enhancing goods - so-called "tax amenities" - and because capital burdens infrastructure, the reallocation of tax revenues among jurisdictions …

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Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang Jan 2012

Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang

Publications

I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …

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A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber Jan 2012

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Publications

No abstract provided.

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Lawyers, Loyalty And Social Change, Deborah J. Cantrell Jan 2012

Lawyers, Loyalty And Social Change, Deborah J. Cantrell

Publications

Fundamentally, cause lawyers engage in their work to make social change. Scholars of cause lawyering have generated a robust and rich literature considering important issues, such as what kinds of advocacy strategies best generate social change and what features of the relationship between cause client and cause lawyer are critical to an engaged and mutual relationship. But, the literature has neglected a key aspect of the cause lawyer and client relationship: whether the particular kind of loyalty that exists as between them hinders or helps in achieving social change. This Article fills that void. It first illuminates the particular features …

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Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter Jan 2012

Limiting Principles And Empowering Practices In American Indian Religious Freedoms, Kristen A. Carpenter

Publications

Employment Division v. Smith was a watershed moment in First Amendment law, with the Supreme Court holding that neutral statutes of general applicability could not burden the free exercise of religion. Congress's subsequent attempts, including the passage of Religious Freedom Restoration Act and Religious Land Use and Institutionalized Persons Act, to revive legal protections for religious practice through the legislative and administrative process have received tremendous attention from legal scholars. Lost in this conversation, however, have been the American Indians at the center of the Smith case. Indeed, for them, the decision criminalizing the possession of their peyote sacrament was …

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The Crisis Of The American Law School, Paul Campos Jan 2012

The Crisis Of The American Law School, Paul Campos

Publications

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …

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Information Lost And Found, Frederic M. Bloom Jan 2012

Information Lost And Found, Frederic M. Bloom

Publications

At the core of every lawsuit is a mix of information-revealing documents that chronicle a party's malfeasance, guarded memos that outline a lawyer's trial strategy, fading memories that recall a jury's key mistakes. Yet the law's system for managing that information is still poorly understood. This Article makes new and better sense of that system. It begins with an original examination of five pieces of our civil information architecture--evidence tampering rules, automatic disclosure requirements, work product doctrine, peremptory challenge law, and bans on juror testimony--and compiles a novel study of how those doctrines intersect and overlap. It then fits these …

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Suing Courts, Frederic Bloom, Christopher Serkin Jan 2012

Suing Courts, Frederic Bloom, Christopher Serkin

Publications

This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would concentrate on something different--on providing transition relief, by way of legal remedy, to those bearing the heaviest burdens of desirable legal change. These suits may at first appear impossible. But suing courts is conceptually rational and mechanically reasonable, a tool that eases legal transitions while navigating the many hurdles modern doctrine puts in the way. This Article sets out the first complete account of how, where, and why …

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