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Articles 1771 - 1800 of 11529
Full-Text Articles in Law
From Clause A To Clause Z: The Transactional Reader And Narrative Transportation, Karen J. Sneddon
From Clause A To Clause Z: The Transactional Reader And Narrative Transportation, Karen J. Sneddon
Articles
You know the phrase “lost in a good book.” The book’s story is so compelling that you are absorbed by the characters, setting, actions, and plot. The book pulls you into the narrative such that you must continue to read—even if that means staying up all night to finish the book. Because many associate that immersive experience with reading a novel, the phrase “lost in a good book” is most often connected to reading for pleasure. But the experience of being transported by the words of a narrative can occur when reading a variety of texts, including legal texts. That …
Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli
Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli
Articles
This Article uses New Hampshire v. Lilley, a case recently decided by the New Hampshire Supreme Court, as a starting point for an equal protection analysis of indecent exposure laws that distinguish between women and men. After discussing contemporary equal protection jurisprudence and historicizing these laws, this Article uses the film theorist Laura Mulvey's concept of the "male gaze" to demonstrate how overbroad generalizations about sex and sexuality serve as the foundation for this legal distinction. This Article concludes by emphasizing that municipalities and states may continue to enact and enforce indecent exposure laws that reflect community standards, so …
Law School In A Different Voice: Legal Education As A Work Of Mercy, Pamela A. Wilkins
Law School In A Different Voice: Legal Education As A Work Of Mercy, Pamela A. Wilkins
Articles
What might it mean for a law school to share this Mercy charism? More broadly, what would it mean for a law school to share the spiritual DNA of a female order, seeing the world from historically female perspectives and motivated by historically female concerns? More broadly still, in this #metoo era, in which women make up the majority of American law students, should it simply be business as usual at religiously affiliated law schools, or should we seize the opportunity to consider seriously, and in the light of faith, women’s perspectives on legal education, law, and justice?
This article …
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Probate Funding And The Litigation Funding Debate, Jeremy Kidd
Articles
Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature …
Happily Ever After: Fostering The Role Of The Transactional Lawyer As Storyteller, Karen J. Sneddon
Happily Ever After: Fostering The Role Of The Transactional Lawyer As Storyteller, Karen J. Sneddon
Articles
Transactional documents do more than allocate the risk of loss or select the governing law. Transactional documents, whether employment contracts or lease agreements, encapsulate the wishes, hopes, and fears of the transacting parties. The documents share a series of events, identify the key actors in those events, and anticipate particular outcomes or future events. In other words, the transactional documents are narratives. The transactional lawyer is thus more than a transactional intermediary. The transactional lawyer is the narrative agent or storyteller.
The “narrative” is often associated with the following words: story, tale, fiction, and entertainment. These associations may appear to …
Law School And Professional Identity Formation, Patrick Emery Longan, Daisy Hurst Floyd, Timothy W. Floyd
Law School And Professional Identity Formation, Patrick Emery Longan, Daisy Hurst Floyd, Timothy W. Floyd
Articles
Law school is a transformative process. Students learn things that lawyers need to know and learn how to do some of the things that lawyers do. But that is not all. Beyond knowledge and skill, law students absorb lessons about the professional values that are supposed to guide the deployment of their newfound knowledge and skill.
Cyan, Reverse-Erie, And The Pslra Discovery Stay In State Court, Wendy Gerwick Couture
Cyan, Reverse-Erie, And The Pslra Discovery Stay In State Court, Wendy Gerwick Couture
Articles
No abstract provided.
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
Articles
No abstract provided.
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Articles
No abstract provided.
Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers
Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers
Articles
The Mediation Act 2017 places mediation at the heart of the civil justice system in Ireland and protects some of the key principles of mediation. This article discusses neutrality, one of these principles. The article shows how neutrality is discussed by two sets of mediation stakeholders (clients and mediators). Using two data sets, the article demonstrates that both groups recognize the influence of neutrality on the mediation process. At the same time, the article shows that the manner in which both groups discuss neutrality is different.
Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder
Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder
Articles
No abstract provided.
Contract Governance In Small-World Networks: The Case Of The Maghribi Traders, Lisa Bernstein
Contract Governance In Small-World Networks: The Case Of The Maghribi Traders, Lisa Bernstein
Articles
No abstract provided.
The New Legal Liberalism, Emma Kaufman
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Articles
No abstract provided.
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
Principles For State Prosecution Of Securities Crime In A Dual-Regulatory, Multi-Enforcer Regime, Wendy Gerwick Couture
Articles
This article proposes principles for the exercise of prosecutorial discretion when prosecuting securities crime under state law. Securities transactions in the United States are subject to a dual-regulatory, multi-enforcer regime. Securities are dually regulated by the federal government and the states, with each regulatory scheme including both civil and criminal enforcement provisions. Those laws are multi-enforced at each level by a regulator, private parties, and prosecutors. And yet, the role of state prosecution of securities crime within this regime is undertheorized, and there is little guidance for state prosecutors about how their prosecutorial decisions affect this regime. This article, drawing …
New Metrics And The Politics Of Judicial Selection, Jeremy Kidd
New Metrics And The Politics Of Judicial Selection, Jeremy Kidd
Articles
Recent Supreme Court nomination hearings have become increasingly rancorous, revealing the increasing political importance of the judiciary in our system of government. We need to know more about those who are chosen to wield this power, but those being considered have strong incentives to obscure all but the most basic characteristics of integrity, decorum, intellect, and courtesy. One of the most important decisions in our democracy is therefore made with far less information than would be ideal. Only through development of new metrics and refinement of existing metrics can we begin to cut through obfuscation and identify the goals and …
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Talking About Black Lives Matter And #Metoo, Linda S. Greene, Lolita Buckner Innes, Bridget J. Crawford, Mehrsa Baradaran, Bennett Capers, Osamudia R. James, Keisha Lindsay
Articles
No abstract provided.
Introduction: The Role And Contributions Of The International Law Commission To The Development Of International Law, A Symposium Celebrating The 70th Anniversary Of The Ilc, Charles C. Jalloh
Articles
No abstract provided.
Grounding Originalism, William Baude, Stephen E. Sachs
Inversion Aversion, Lee Anne Fennell, Richard H. Mcadams
Inversion Aversion, Lee Anne Fennell, Richard H. Mcadams
Articles
No abstract provided.
Regulatory Bundling, Jennifer Nou, Jed Stiglitz
Unlikely Resurrection: Richard Posner, Promissory Estoppel, And The Death Of Contract, Douglas Baird
Unlikely Resurrection: Richard Posner, Promissory Estoppel, And The Death Of Contract, Douglas Baird
Articles
No abstract provided.
Fourth Amendment Gloss, Aziz Huq
Imagining An Antisubordinating First Amendment, Genevieve Lakier
Imagining An Antisubordinating First Amendment, Genevieve Lakier
Articles
No abstract provided.
Personalizing Precommitment, Lee Anne Fennell
Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat
Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat
Articles
No abstract provided.
The Fight To Expand Education—Two Centuries Apart, June Carbone
The Fight To Expand Education—Two Centuries Apart, June Carbone
Articles
No abstract provided.
The Many Inequalities Of International Law, Neha Jain
The Winter Of Discontent: A Circumscribed Chevron, Nicholas Bednar
The Winter Of Discontent: A Circumscribed Chevron, Nicholas Bednar
Articles
No abstract provided.
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Suspended Sentences And Free-Standing Probation Orders In U.S. Guidelines Systems: A Survey And Assessment, Richard Frase
Articles
No abstract provided.