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Articles 1 - 29 of 29
Full-Text Articles in Law
Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Articles & Chapters
No abstract provided.
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Articles & Chapters
The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.
This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …
If I Implore You And Order You To Set Me Free, Robert Blecker
If I Implore You And Order You To Set Me Free, Robert Blecker
Articles & Chapters
When Odysseus ordered his men to put wax in their ears, bind him to the mast and keep rowing until they passed the Sirens, no matter what he might later command, and then, in the throes of passion, attempted to countermand his earlier command, there, then, Constitutionalism was born in the West. We are perpetually challenged at rational moments to keep future passions in check, so when the future becomes the present, we can survive it without regret.
This brief essay summarily employs the metaphor to account for constitutional rights, long and fixed senatorial terms, life-time judicial tenure, judicial review, …
Theory Saved My Life, Kris Franklin
Theory Saved My Life, Kris Franklin
Articles & Chapters
In part a tribute to the groundbreaking work of legal theorist Ruthann Robson, this article argues that theory and theorizing are under-examined yet basic skills which must be taught to all beginning law students. Positing that in order to be effective in law school and legal culture law students must learn to see, construct, deconstruct and use legal theories, the article articulates several common approaches to basic legal pedagogy and asks how they might be enhanced if pedagogy is embedded in a theoretical comprehension of thestudents' roles as interpreters of law. The article offers as examples artwork far removed from …
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman
Articles & Chapters
Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.
Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico
Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico
Articles & Chapters
The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so fearful …
The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard
The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard
Articles & Chapters
The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …
The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz
The Fcc's New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Adamski Dariusz
Articles & Chapters
No abstract provided.
Introduction: The State Of Play, Beth Simone Noveck
Introduction: The State Of Play, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait
Articles & Chapters
No abstract provided.
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck
Articles & Chapters
Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Articles & Chapters
Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The legal debate to date has focused exclusively on the question of how to maintain real world identity in cyberspace. But new "social software" technology that enables communities from eBay to …
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
Articles & Chapters
No abstract provided.
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen
Articles & Chapters
No abstract provided.
Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger
Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger
Articles & Chapters
No abstract provided.
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck
Articles & Chapters
Trust is the foundation of society for without trust, we cannot
cooperate. Trust, in turn, depends upon secure, reliable, and persistent
identity. Cyberspace is thought to challenge our ability to build trust
because the medium undermines the connection between online
pseudonym and offline identity. We have no assurances of who stands
behind an online avatar; it may be one person, it may be more, it may be a
computer. The legal debate to date has focused exclusively on the question
of how to maintain real world identity in cyberspace. But new "social
software" technology that enables communities from eBay to …
The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And Imperial Preference, Sydney M. Cone Iii.
The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And Imperial Preference, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Society’S Software, Beth Simone Noveck, David R. Johnson
Society’S Software, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen
Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen
Articles & Chapters
No abstract provided.
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann
Articles & Chapters
How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to uphold the Supreme …
Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin
Limited In Sex, They Dare: Attitudes Toward Issues Of Patient Sexuality, Michael L. Perlin
Articles & Chapters
The author frequently speaks on issues involving the sexuality rights of persons with mental disabilities who are institutionalized. In this article, he discusses the prevalent attitudes of audience members to these presentations, attitudes ranging from anger to denial to projection to transference/countertransference to fear to expressions of religiosity. In some cases, an important connection is made between the speaker and audience members. The article considers these attitudes and seeks to offer explanations for why this is such a threatening topic to so many listeners.
May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin
May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin
Articles & Chapters
The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to treatment law, and right to refuse treatment law, and demonstrates the crucial roles that Dr. Sadoff has played in each of these.
Perspectives On Brown: The South African Experience, Penelope Andrews
Perspectives On Brown: The South African Experience, Penelope Andrews
Articles & Chapters
In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …
And My Best Friend, My Doctor, Won't Even Say What It Is I'Ve Got: The Role And Significance Of Counsel In Right To Refuse Treatment Cases, Michael L. Perlin
And My Best Friend, My Doctor, Won't Even Say What It Is I'Ve Got: The Role And Significance Of Counsel In Right To Refuse Treatment Cases, Michael L. Perlin
Articles & Chapters
For the past three decades, scholars have carefully considered the scope of the right of involuntarily committed psychiatric patients to refuse the administration of medication from a rich array of perspectives, including, but not limited to, clinical perspectives, civil libertarian perspectives, philosophical perspectives, and political perspectives. Yet, virtually all of this - remarkably - passes over what I believe is the single most important issue in real life. This issue is the most relevant to the actual (as opposed to paper) existence of theright and the actual (as opposed to paper) implementation of that right: the availability and adequacy ofcounsel …
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza
Articles & Chapters
Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded orunprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the public …
Great Case For Clinical Courses, Brandt Goldstein
Great Case For Clinical Courses, Brandt Goldstein
Articles & Chapters
No abstract provided.
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod
Articles & Chapters
In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the SupremeCourt broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid consent decree. TheCourt quickly disposed of that argument, but Justice Anthony Kennedy, writing for the unanimous Court,took the opportunity to forcefully state that consent decrees that intrude on the policy making prerogatives of state and local officials more than is necessary to protect rights undercut the effective functioning of elected state and local governments. …
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel
Articles & Chapters
Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.
In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct political phases …
Glory Days: Popular Constitutionalism, Nostalgia, And The True Nature Of Constitutional Culture, Doni Gewirtzman
Glory Days: Popular Constitutionalism, Nostalgia, And The True Nature Of Constitutional Culture, Doni Gewirtzman
Articles & Chapters
This article uses political science data on participation, knowledge, and popular sentiments about the political process to critique different strands of popular constitutionalism, a recent movement in constitutional theory that highlights the People's role in the development of interpretive norms. It argues that popular constitutionalists have not paid sufficient attention to the increasingly distant relationship between the people and political life, resulting in an interpretive model that is often unable to realize its normative goals and rests on some weak descriptive premises. It also suggests that the existence of high levels of civic engagement during the 1960s - a formative …