Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Law

The Federalist Constitution: Foreword, David S. Schwartz, Jonathan Gienapp, John Mikhail, Richard A. Primus Apr 2021

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 Jan 2013

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 Jan 2013

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 Jan 2012

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 Jan 2008

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 Jan 2008

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 Jan 2006

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 Jan 2006

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 Jan 2005

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 Jan 2004

Preface To The Justice In Mediation Symposium, Lela P. Love

Articles

No abstract provided.


Introduction, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok Jan 2004

Introduction, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok

Articles

No abstract provided.


Symposium: Suzanne Last Stone, Suzanne Last Stone Jan 2004

Symposium: Suzanne Last Stone, Suzanne Last Stone

Articles

No abstract provided.


Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok Jan 2003

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 Jan 2003

Democracy Realized One Classroom At A Time, Peter Goodrich

Articles

No abstract provided.


Framing The Issues, Malvina Halberstam Jan 1998

Framing The Issues, Malvina Halberstam

Articles

No abstract provided.


Introduction, David G. Carlson Jan 1998

Introduction, David G. Carlson

Articles

No abstract provided.


The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg Jan 1996

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 Jan 1996

Preface, Michel Rosenfeld

Articles

No abstract provided.


Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman Jan 1995

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 Jan 1994

Decriminalizing Prostitution: Liberalization Or Dehumanization, Jeanne L. Schroeder

Articles

No abstract provided.


Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld Jan 1993

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 Jan 1993

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 Jan 1993

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

No abstract provided.


Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price Jan 1990

Congress, Free Speech, And Cable Legislation: An Introduction, Monroe E. Price

Articles

No abstract provided.