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Articles 1 - 18 of 18
Full-Text Articles in Law
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Straight From The Mouth Of The Volcano: The Lowdown On Law, Language, And Latin@S, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
Determining Orphan Works Vs. Public Domain Status For Print Works Published In The U.S. From 1923 Through 1977, Inclusive, David Lowe
Published Works
Document is a proposed draft of a decision tree to be used in mass digitization workflows to facilitate determining whether or not a published item (U.S. imprints only, 1923-1977) may be digitized and then given open access.
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
The Solitude Of Latin America: The Struggle For Rights South Of The Border, Ángel Oquendo
Faculty Articles and Papers
The article focuses, comparatively, on remarkable recent developments in Latin America regarding the programmatic adjudication, procedural enforcement, and internationalization of fundamental entitlements. It applauds, first, the manner in which many Latin American courts have uncompromisingly enforced positive guaranties in the last decade or so. Secondly, it analyzes various widely available procedures for the vindication of rights, including the writ of protection or security, unconstitutionality actions, and collective suits. Thirdly, it studies the manner in which the interaction between domestic and transnational rights has become extremely intense in the region. Finally, it notes the tension between the realization of the juridical …
Irony, Ángel Oquendo
Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen
Reason Giving In Court Practice: Decision- Makers At The Crossroads, Mathilde Cohen
Faculty Articles and Papers
This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions' practice, and sometimes duty, of reason-giving is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals? Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first …
Developments In Connecticut Criminal Law: 2007, Timothy Everett
Developments In Connecticut Criminal Law: 2007, Timothy Everett
Faculty Articles and Papers
No abstract provided.
Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr
Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr
Faculty Articles and Papers
This paper demonstrates that the American rules for impeaching witnesses developed against a cultural background that equated a woman's honor, and thus her credibility, with her sexual virtue. The idea that a woman's chastity informs her credibility did not originate in rape trials and the confusing interplay between questions of consent and sexual history. Rather, gendered notions of honor so permeated American legal culture that attorneys routinely attempted to impeach female witnesses by invoking their sexual histories in cases involving such diverse claims as title to land, assault, arson, and wrongful death. But while many courts initially accepted the notion …
Just Semantics: The Lost Readings Of The Americans With Disabilities Act, Jill Anderson
Just Semantics: The Lost Readings Of The Americans With Disabilities Act, Jill Anderson
Faculty Articles and Papers
Disability rights advocates and commentators agree that the Americans with Disabilities Act (ADA) has veered far off course from the Act's mandate of protecting people with actual or perceived disabilities from discrimination. They likewise agree that the fault lies in the language of the statute itself and in the courts' so-called literalist reading of its definition of disability. As a result, many disability rights advocates have pinned their hopes for doctrinal reform on the proposed ADA Restoration Act, now in congressional committee. Although the Act would likely be a boon to plaintiffs, its chances of passage are uncertain. This Article …
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman
Faculty Articles and Papers
No abstract provided.
Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay
Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay
Faculty Articles and Papers
While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors - social values, legal rules and judging - comprise …
Taxes And The 2008 Us Election, Stephen Utz
Taxes And The 2008 Us Election, Stephen Utz
Faculty Articles and Papers
No abstract provided.
The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf
The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf
Faculty Articles and Papers
During the New Deal period, intellectual property underwent a transformation. Copyright was recast from literary property to industrial property; trademark shifted from a common law tort of palming off to a regulatory regime for a mass consumer economy, and patent law was rethought to accommodate corporate invention. This essay begins by examining the advantages of looking at intellectual property as deeply situated in New Deal debates over political economy, and calls for a new history of intellectual property very different from conventional narratives moored in the introduction of new technologies. More broadly, it suggests that examining foundational past policy debates, …
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Why Climate Law Must Be Federal: The Clash Between Commerce Clause Jurisprudence And State Greenhouse Gas Trading Systems, Joseph Macdougald
Faculty Articles and Papers
Absent Federal legislation or leadership on regulatory responses to greenhouse gas (“GHG”)-based climate problems, the states have sought, either on their own or through regional agreements, to restrict the amount of GHG released by the electric power plants within their states. These systems are subject to “leakage,” the ability of power providers to receive electricity from an “extra-regional” and hence unregulated source. While practical considerations may limit the immediate impact of leakage, in the long term, state-based systems perversely provide competitive advantages to unrestricted GHG-emitting power sources that do not have the burden of compliance. One logical avenue to address …
Bellwether Trials, Alexandra Lahav
Bellwether Trials, Alexandra Lahav
Faculty Articles and Papers
At the core of the controversy over mass torts lies a fundamental question: what justifies collective litigation? Scholars considering this question make one of two arguments. They either argue that collective justice must be limited by a process-based right to participation based on autonomy values, or they argue that collective justice is justified by utilitarian values and dismiss participation altogether. This Article presents a third alternative: that the democratic nature of the jury trial validates group typical justice, a subset of collective justice. The Article re-envisions the trial as a democratic enterprise, rather than solely an atomistic one. An innovative …
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Buying Witness Silence: Evidence-Suppressing Settlements And Lawyers' Ethics, Jon Bauer
Faculty Articles and Papers
Lawyers frequently draft settlements that impede other parties' access to relevant evidence through clauses that prohibit the plaintiff from disclosing information to anyone with a claim against the defendant or forbid all discussion of the facts underlying the dispute. This Article argues that lawyers who negotiate these noncooperation agreements violate Rule 3.4(f) of the Model Rules of Professional Conduct, which prohibits requesting someone other than the lawyer's own client to withhold relevant information from another party, and Model Rule 8.4(d), which prohibits conduct prejudicial to the administration of justice. The conventional wisdom among practitioners and legal ethics scholars has been …
The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin
The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, And The States, Sara Bronin
Faculty Articles and Papers
No abstract provided.
Taxes And The 2008 Election, Stephen Utz
Taxes And The 2008 Election, Stephen Utz
Faculty Articles and Papers
No abstract provided.
Recovering The Social Value Of Jurisdictional Redundancy, Alexandra Lahav
Recovering The Social Value Of Jurisdictional Redundancy, Alexandra Lahav
Faculty Articles and Papers
This essay, written for the Tulane Law Review Symposium on the Problem of Multidistrict Litigation, argues that the focus of proceduralists on centralization as a solution to the problems posed by modern litigation is misplaced. It is time to refocus on the social value of the multiple centers of authority that jurisdictional redundancy permits. This essay presents the case for multi-centered litigation with particular focus on the potential uses of the Multidistrict Litigation Act to realize pluralist values. The descriptive claim put forward by the essay is that jurisdictional redundancy is imbedded in our federalist system and our preference for …