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Full-Text Articles in Law
The Federalist Constitution: Foreword, David S. Schwartz, Jonathan Gienapp, John Mikhail, Richard A. Primus
The Federalist Constitution: Foreword, David S. Schwartz, Jonathan Gienapp, John Mikhail, Richard A. Primus
Articles
Over the past twenty years, constitutional law has taken a decidedly historical turn, both in academia and in the courts. The U.S. Supreme Court’s constitutional decisions are increasingly filled with extended historical inquiries, and not just by self-described originalists. Yet much of this historical inquiry is severely distorted. Twenty-first-century lawyers and judges enjoy improved and ever-widening access to a rich array of primary sources from the founding era and the early republic, but the ability of modern interpreters to make sense of these materials is pervasively affected by present biases. Many of these biases stem directly from long-standing received narratives …
Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Kayal, Rebecca Tushnet
Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Kayal, Rebecca Tushnet
Articles
No abstract provided.
Stories Mediators Tell: The Editors' Reflections, Eric R. Galton, Lela P. Love
Stories Mediators Tell: The Editors' Reflections, Eric R. Galton, Lela P. Love
Articles
One year after publication of Stories Mediators Tell, the editors comment in their reflections of the Symposium on the importance of stories generally, on the Symposium articles, and on the state of the modern mediation movement.
Symposium: Examining Shaken Baby Syndrome Convictions In Light Of New Medical And Scientific Research, David A. Moran
Symposium: Examining Shaken Baby Syndrome Convictions In Light Of New Medical And Scientific Research, David A. Moran
Articles
I've been asked to react to Professor Findley's talk, and I just wanted to try to put this in a concrete format that we can understand. In the summer of 2001, when my oldest daughter was about six months old, I put her in a backpack (the kind that you strap to your back) to go for a hike. In trying to get her out of that backpack after the walk, I dropped her, and she landed on her head, and she very briefly lost consciousness. So I rushed her to the University of Michigan Medical Center in Ann Arbor, …
After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok
After Philip Morris V. Williams: What Is Left Of The "Single-Digit" Ratio?, Anthony J. Sebok
Articles
This short essay was written for a symposium on The Future of Punitive Damages held at the Charleston School of Law in 2007. I argue that the ratio rule (that punitive damages that exceed a single digit ratio presumptively violate the Due Process Clause), introduced by the Supreme Court in Campbell, is unlikely to survive. I argue this for three reasons. First, many lower courts have found ways to conceal punitive damages awards that impose, in reality, ratios in the double-digits. Second, the refusal of the Court to reverse the plaintiffs punitive damages award in Williams under the ratio rule …
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
Articles
No abstract provided.
Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone
Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone
Articles
No abstract provided.
Symposium On Abolishing Civil Marriage: An Introduction, Edward Stein
Symposium On Abolishing Civil Marriage: An Introduction, Edward Stein
Articles
This introduction sets the stage for discussion of two papers that make different arguments for the abolition of civil marriage: Edward A. Zelinsky, Deregulating Marriage: The Pro-Marriage Case for Abolishing Civil Marriage, 27 Cardozo L. Rev. 1161-1220 (2006), and Daniel A. Crane, A “Judeo-Christian” Argument for Privatizing Marriage, id. at 1221-1259. While the institution of marriage has undergone substantial changes over the last one hundred years in terms of who may marry, the benefits and duties of marriage, the rules for dissolving marriage, and the social assumptions relating to marriage, its adaptability and elasticity has been demonstrated by the fact …
Failure Of The Word: The Rise Of Law And Literature, Arthur J. Jacobson
Failure Of The Word: The Rise Of Law And Literature, Arthur J. Jacobson
Articles
No abstract provided.
Preface To The Justice In Mediation Symposium, Lela P. Love
Preface To The Justice In Mediation Symposium, Lela P. Love
Articles
No abstract provided.
Introduction, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok
Introduction, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok
Articles
No abstract provided.
Symposium: Suzanne Last Stone, Suzanne Last Stone
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Articles
No abstract provided.
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Articles
No abstract provided.
Framing The Issues, Malvina Halberstam
Introduction, David G. Carlson
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg
Articles
No abstract provided.
Preface, Michel Rosenfeld
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Articles
No abstract provided.
Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder
Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder
Articles
No abstract provided.
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Articles
No abstract provided.
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Articles
No abstract provided.
Three Lessons From Law And Literature, Richard H. Weisberg
Three Lessons From Law And Literature, Richard H. Weisberg
Articles
No abstract provided.
Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price
Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price
Articles
No abstract provided.