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Articles 1 - 15 of 15
Full-Text Articles in Law
Island Musings: A Selective Bibliography Of Early Key West, Robin Schard
Island Musings: A Selective Bibliography Of Early Key West, Robin Schard
Articles
This bibliography identifes and describes 75 works that focus on Key West during its first 50 years (1821-71) as a U.S. possession. General, legal, and popular culture materials are included.
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz
Articles
Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.
Automated Vehicles, Moral Hazards & The "Av Problem", William H. Widen
Automated Vehicles, Moral Hazards & The "Av Problem", William H. Widen
Articles
No abstract provided.
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
A Arte Das Metáforas Científicas, Susan Haack
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Human Frailty, Unbreakable Victims And Asylum, Rebecca Sharpless, Kristi E. Wintermeyer
Articles
This article analyzes the asylum decisions of immigration agencies and federal appellate courts and demonstrates that the case law driven standard for persecution is out of step with the original meaning of the term, international law standards, and contemporary understanding of how human beings experience physical and mental harm. Medical and psychological evidence establishes that even trauma at the lower end of the spectrum of severity can inflict lasting and debilitating effects on people's health. Yet over the last three decades, virtually no court decisions have decreased the showing of harm needed to establish persecution. To the contrary, courts have …
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada
Articles
This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …
How Law Schools Can Fight For Fearless Speech, Mary Anne Franks
How Law Schools Can Fight For Fearless Speech, Mary Anne Franks
Articles
No abstract provided.
James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack
James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack
Articles
No abstract provided.
The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps
The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps
Articles
As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where …
From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel
From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel
Articles
No abstract provided.
Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Culture Warriors, Francisco Valdes
Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Culture Warriors, Francisco Valdes
Articles
No abstract provided.
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina Frohock, Jeffrey E. Marcus
Witness Hide-And-Seek: Why Federal Prosecutors Should Record Pretrial Interviews, Christina Frohock, Jeffrey E. Marcus
Articles
This Article pays long-overdue attention to a federal appellate court's warning against "playing hide-and-seek" with witnesses. Specifically, prosecutors should record interviews. While courtroom cameras dominate the topic of judicial transparency, cameras can play a critical role in a sleepier corner of criminal proceedings: pretrial witness interviews. The Article first tracks the history of open judicial proceedings as a tradition of our Anglo- American jurisprudence. Next, the Article identifies the normative thread running through that history. Fairness may suffer when cameras transform public proceedings into publicized proceedings. Finally, the Article argues that this same issue of fairness applies to pretrial witness …
“What Is A City But Its People”*: Commentary On “Migration And Peripheral Urbanization: The Case Of The Metropolitan Zone Of The Valley Of Mexico” By Raúl Delgado Wise, Francisco Caballero Anguiano And Selene Gaspar Olvera, Rebecca Sharpless
Articles
This commentary centres on themes of conquest, globalization, and inequality and argues that the article Migration and Peripheral Urbanization: The Case of the Metropolitan Zone of the Valley of Mexico can be understood as suggesting prescriptions for forward-looking socio-economic and migration policy. The article’s authors focus on the effects of neoliberalism on the Metropolitan Zone, explaining how globalization has dismantled domestic markets in the global South and triggered both internal and cross-border migration. In the phenomenon the authors dub “peripheral urbanization”, poor people now live in the periphery of the city, having been priced out of the city centre. Assuming …
Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman
Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman
Articles
This article suggests that legislatures amend existing law to create a new legal category of "computer driver" to allow a plaintiff to make a negligence claim against an automated vehicle manufacturer for loss proximately caused by any negligent driving behavior exhibited by the driving automation systems which it produced. Creating this new legal category will allow a status quo approach to attribution and allocation of liability, including permitting defendants to take advantage of contributory negligence and comparative fault rules. Creation of the category also allows for continued functioning of the structure of our existing liability laws and regulations for motor …