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Full-Text Articles in Law
In Praise Of Legal Scholarship, Tamara R. Piety
In Praise Of Legal Scholarship, Tamara R. Piety
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Active Judging And Access To Justice, Anna E. Carpenter
Active Judging And Access To Justice, Anna E. Carpenter
Articles, Chapters in Books and Other Contributions to Scholarly Works
“Being a good judge in this environment means unlearning what you learned in law school about what a judge is supposed to do. Fairness is doing things a federal judge would never do.” Active judging, where judges step away from the traditional, passive role to assist those without counsel, is a central feature of recent proposals aimed at solving the pro se crisis in America’s state civil courts. Despite growing support for active judging as an access to justice intervention, we know little, empirically, about how judges interact with pro se parties as a general matter, and even less about …
Retributivism And Criminal Procedure, Stephen Galoob
Retributivism And Criminal Procedure, Stephen Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Courtesy Paratexts, Informal Publishing Norms And The Copyright Vacuum In Nineteenth-Century America, Robert Spoo
Courtesy Paratexts, Informal Publishing Norms And The Copyright Vacuum In Nineteenth-Century America, Robert Spoo
Articles, Chapters in Books and Other Contributions to Scholarly Works
In response to the failure of U.S. copyright law to protect foreign authors, nineteenth-century American publishers evolved an informal practice called the “courtesy of the trade” as a way to mitigate the public goods problem posed by a large and ever-growing commons of foreign works. Trade courtesy was a shared strategy for regulating potentially destructive competition for these free resources, an informal arrangement among publishers to recognize each other’s wholly synthetic exclusive rights in otherwise unprotected writings and to pay foreign authors legally uncompelled remuneration for the resulting American editions. Courtesy was, in effect, a makeshift copyright regime grounded on …
Coercion, Fraud, And What Is Wrong With Blackmail, Stephen Galoob
Coercion, Fraud, And What Is Wrong With Blackmail, Stephen Galoob
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
The Tribal Labor Sovereignty Act: Do Indian Tribes Finally Hold A Trump Card?, Vicki J. Limas
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Inconsistent Rationales For Capital Punishment Plus, Russell Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
The Role Of Prejudice In Resolving Insurance Condition Clause Disputes: The Good; The Bad; The Ugly, Johnny Parker
The Role Of Prejudice In Resolving Insurance Condition Clause Disputes: The Good; The Bad; The Ugly, Johnny Parker
Articles, Chapters in Books and Other Contributions to Scholarly Works
This Article examines the legal consequences that flow out of an insurance company’s denial of coverage based on an insured’s failure to comply with policy conditions. Specifically, this Article examines the various methods used by courts to strike a balance between the principle of freedom of contract and policy norms associated with resolving condition clause disputes. The pros and cons of the historical condition precedent vs. condition subsequent analysis and the modern day functional approach to contractual interpretation are dissected and discussed in the insurance contract context. The prejudice rule, which is associated with the functional approach to contract interpretation, …
Exculpation As Inculpation, Russell L. Christopher
Exculpation As Inculpation, Russell L. Christopher
Articles, Chapters in Books and Other Contributions to Scholarly Works
Should a criminal defendant who contrives, creates, or causes the conditions of her own defense forfeit the defense? For example, suppose a provocateur taunts a provocatee into unlawfully attacking so that the provocateur may justifiably kill in self-defense. There are two competing approaches. Under the principle that defense-contrivers have "unclean hands," the predominant approach of the criminal law is to bar the defense (the Legal approach). Disagreeing, most criminal theorists advocate both granting the contrived defense and, seemingly paradoxically, imposing criminal liability for culpably contriving the defense (the Theoretical approach). That is, seeking exculpation is itself inculpatory. The Theoretical approach …