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Articles 1 - 30 of 51
Full-Text Articles in Law
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
Articles
In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Erie As A Choice Of Enforcement Defaults, Sergio J. Campos
Articles
The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure a state court would use. Displacing the state procedure with the federal procedure (or not) may impact the substantive objectives of either state or federal law, but the current Erie doctrine provides little guidance. This Article argues that the Erie doctrine is best understood as governing a choice of enforcement defaults. As argued below, the primary function of civil liability is to protect a substantive entitlement to avoid the legal violation, either directly through specific …
Proof Of Classwide Injury, Sergio J. Campos
The Loss Of Constitutional Faith: Mccleskey V. Kemp And The Dark Side Of Procedure, Scott E. Sundby
The Loss Of Constitutional Faith: Mccleskey V. Kemp And The Dark Side Of Procedure, Scott E. Sundby
Articles
No abstract provided.
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
Articles
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …
Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably
Going Rogue: Stop The Beach Renourishment As An Object Of Morbid Fascination, Mary Doyle, Stephen J. Schnably
Articles
Scholarly response to the Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection has focused on the plurality's strong advocacy of a judicial takings doctrine. We take a different tack. While the concept of judicial takings is worthy of serious attention, it is wrong to treat the plurality opinion as an ordinary object of analysis. It is, instead, the emanation of a Court going rogue.
Three basic symptoms of the pathology stand out. First, sleight of hand. The plurality opinion purports to be about an institutional issue-can a state court commit a taking? - …
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
Articles
No abstract provided.
Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri
Fidelity To Community: A Defense Of Community Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin
Debate: The Contraception Mandate And Religious Freedom, Steven D. Smith, Caroline Mala Corbin
Articles
No abstract provided.
An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton
An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton
Articles
No abstract provided.
Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano
Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano
Articles
No abstract provided.
The Problem Of Trans-National Libel, Lili Levi
The Problem Of Trans-National Libel, Lili Levi
Articles
Forum shopping in trans-national libel cases-"libel tourism"- - has a chilling effect on journalism, academic scholarship, and scientific criticism. The United States and Britain (the most popular venue for such cases) have recently attempted to address the issue legislatively. In 2010, the United States passed the SPEECH Act, which prohibits recognition and enforcement of libel judgments from jurisdictions applying law less speech-protective than the First Amendment. In Britain, consultation has closed and the Parliamentary Joint Committee has issued its report on a broad-ranging libel reform bill proposed by the Government in March 2011. This Article questions the extent to which …
Coming Up: New Foundations In Latcrit Theory, Community, And Praxis, Francisco Valdes
Coming Up: New Foundations In Latcrit Theory, Community, And Praxis, Francisco Valdes
Articles
No abstract provided.
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Teaching Elements Of Election Law Beyond The Disciplinary Borders Of "Election Law", Frances R. Hill
Articles
No abstract provided.
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine
Whistleblowers And Rogues: An Urgent Call For An Affirmative Defense To Corporate Criminal Liability, Marcia Narine
Articles
No abstract provided.
Mass Torts And Due Process, Sergio J. Campos
State Control Of Black Mothers, Donna Coker
Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii
Endless Pursuit: Capturing Technology At The Intersection Of The First Amendment And Attorney Advertising, Jan L. Jacobowitz, Gayland O. Heathcote Ii
Articles
No abstract provided.
Educating Lawyers For Community, Anthony V. Alfieri
Educating Lawyers For Community, Anthony V. Alfieri
Articles
This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
The Challenge Of Domestic Implementation Of International Human Rights Law In The Cotton Field Case, Caroline Bettinger-López
Articles
No abstract provided.
Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland
Creation Stories: Stanley Hauerwas, Same-Sex Marriage, And Narrative In Law And Theology, Charlton C. Copeland
Articles
No abstract provided.
When Bad Speech Does Good, Mary Anne Franks
Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner
Service Delivery, Resource Allocation And Access To Justice: Greiner And Pattanayak And The Research Imperative, Anthony V. Alfieri, Jeffrey Selbin, Jeanne Charn, Stephen Wizner
Articles
No abstract provided.
Costing Financial Regulation, Caroline Bradley
Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos
Striking Out Specious Claims In Mass Tort Global Settlements, Sergio J. Campos
Articles
No abstract provided.
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless
Articles
Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …
The Public Interest In International Arbitration, Jan Paulsson
The Public Interest In International Arbitration, Jan Paulsson
Articles
No abstract provided.
In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin
In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin
Articles
No abstract provided.
Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland
Beyond Separation In Federalism Enforcement: Medicaid Expansion, Coercion, And The Norm Of Engagement, Charlton C. Copeland
Articles
National Federation of Independent Business v. Sebelius may be known, in both the popular and academic commentaries, as the case about the Affordable Care Act's Individual Mandate provision. History may record it as one of the most significant cases in the jurisprudence of cooperative federalism. In invalidating part of the Medicaid Expansion provision, the Roberts Court became the first to invalidate a federal spending statute as unconstitutionally coercive of state governments. This decision has the potential to impact federal-state cooperative arrangements such as No Child Left Behind, and others far beyond the health care context.
This Article argues that lack …
Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman
Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman
Articles
No abstract provided.