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Articles 31 - 52 of 52
Full-Text Articles in Law
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao
Faculty Publications
No abstract provided.
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Faculty Publications
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
Capital Punishment In The United States, And Beyond, Paul Marcus
Capital Punishment In The United States, And Beyond, Paul Marcus
Faculty Publications
This article explores the controversial topic of capital punishment, with a particular focus on its longstanding application in the United States. The use of the death penalty in the US has been the subject of much criticism both domestically and internationally. The numerous concerns addressed in this article relate to the morality of the punishment, its effectiveness, the uneven application of the penalty, and procedural problems. The US Supreme Court has confirmed the constitutionality of capital punishment while striking down particular uses of the death penalty. The US is not, however, alone in executing convicted defendants. Capital punishment is still …
A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim
A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim
Faculty Publications
No abstract provided.
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
If The Judicial Confirmation Process Is Broken, Can A Statute Fix It?, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Why Pension Funding Matters, Eric D. Chason
Why Pension Funding Matters, Eric D. Chason
Faculty Publications
No abstract provided.
Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins
Faculty Publications
No abstract provided.
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Faculty Publications
No abstract provided.
Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein
Book Review Of Engaging The Law In China: State, Society, And Possibilities For Justice, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
Faculty Publications
Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …
Disability Human Rights, Michael Ashley Stein
Disability Human Rights, Michael Ashley Stein
Faculty Publications
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Disability And The Social Contract, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Forum Defendant Rule In Arkansas, Scott Dodson
The Forum Defendant Rule In Arkansas, Scott Dodson
Faculty Publications
Section 1441(b) of the removal statute prohibits removal of a diversity case if a defendant is a citizen of the state in which the case was originally filed. The bar to removal is known as the Forum Defendant Rule. Is removal in violation of the Forum Defendant Rule a jurisdictional or nonjurisdictional defect? The characterization matters because a jurisdictional defect can be raised at any time, while a nonjurisdictional defect must be raised within a specific period of time or is waived. The Supreme Court has not resolved the characterization, but a number of circuit courts, including the Eighth Circuit, …
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.
Faculty Publications
No abstract provided.
Outlawing Pension-Funding Shortfalls, Eric D. Chason
Outlawing Pension-Funding Shortfalls, Eric D. Chason
Faculty Publications
Before ERISA, employees faced a large risk that their employers would default or renege on pension obligations. By creating a federal guarantor of pensions (the PBGC), ERISA has greatly reduced this risk. All else being equal, low-risk pensions are worth more to employees but cost more to provide. Congress has never had a coherent policy on who should pay for these extra costs. Moreover, legal scholars have failed to create a theoretical framework for dealing with these costs, focusing instead on the supposed "moral hazard" that the PBGC guaranty creates. This Article inserts itself into the scholarly vacuum, asserting that …
Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick
Clouds, Cameras, And Computers: The First Amendment And Networked Public Places, Timothy Zick
Faculty Publications
It seems to be a common assumption that physical places like parks, sidewalks, and public squares, and "cyber-places" like the Web, constitute separate locations of communication. In reality, however, the intersection and collision of these two spaces is imminent. In some respects it has already occurred. Entire cities and counties are erecting wireless "clouds" that will bring the Internet to vast public spaces. Technologies of surveillance continue to proliferate. What one does and says in public places is increasingly subject to surveillance by means of a combination of hand-held devices and official surveillance tools like closed circuit television cameras (CCTV). …
Judging Plaintiffs, Jason M. Solomon
Judging Plaintiffs, Jason M. Solomon
Faculty Publications
With its powerful account of the normative principles embodied in the structure and practice of the law of torts, corrective justice is considered the leading moral theory of tort law. It has a significant advantage over instrumental and other moral theories in that it is more consistent with what judges say when they analyze tort law concepts. And with criticism of instrumental accounts, like law and economics, on a number of fronts, it is the leading descriptive theory of tort law. In this Article, I take up a question that has never been answered adequately by corrective-justice or other moral …
Guerilla Terms, Peter A. Alces
The D'Oh! Of Popular Constiutitonalism, Neal Devins
The D'Oh! Of Popular Constiutitonalism, Neal Devins
Faculty Publications
No abstract provided.
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Symposium Introduction: The Religion Clauses In The 21st Century, William P. Marshall, Vivian E. Hamilton, John E. Taylor
Faculty Publications
No abstract provided.
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann
Faculty Publications
No abstract provided.
Culture Change, Lan Cao