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Articles 1 - 30 of 92
Full-Text Articles in Law
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook
Journal Articles
No abstract provided.
Final Justice, Richard W. Garnett
Final Justice, Richard W. Garnett
Journal Articles
Richard Garnett reviews Stuart Banner, The Death Penalty: An American History (2002) & Franklin E. Zimring, The Contradictions of American Capital Punishment (2003).
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Illustrating A Behaviorally Informed Approach To Antitrust Law: The Case Of Predatory Pricing, Avishalom Tor
Journal Articles
One of the core assumptions of the traditional economic approach to antitrust law is that competitors are perfectly rational, profit-maximizing, decision makers. Sometimes, this assumption serves as a useful simplification of business behavior, providing an effective foundation for antitrust doctrine. At other times, however, assuming strictly rational behavior on the part of competitors is not “approximately right” but, instead, “perfectly wrong.” In these latter cases, the reliance on the perfect rationality assumption can lead scholars to mispredict market behavior and, possibly, advocate erroneous prescriptions for antitrust policy. In contrast, a behaviorally informed approach to antitrust law is based on scientific …
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner
Journal Articles
In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve …
Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis
Caesar, Succession, And The Chastisement Of Rulers, Patrick Martin, John M. Finnis
Journal Articles
Julius Caesar's reign as dictator and praefectus morum for life ended with his assassination in 44 B.C. It was preceded by over four hundred years of consular rule, a system of executive government by two consuls, elected for a one-year term. Consular government began in 509 B.C., ending the hundred-year rule of the Tarquin kings. Three works printed in 1594 recalled for English readers the overthrow of the Tarquins and the establishing of consular government. One was dedicated to the Earl of Essex. Another, by William Shakespeare, was dedicated to Essex's close companion, the Earl of Southampton. The third work …
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel
Journal Articles
No abstract provided.
Pierre Schlag And The Temple Of Boredom, David A. Westbrook
Pierre Schlag And The Temple Of Boredom, David A. Westbrook
Journal Articles
No abstract provided.
Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath
Bhartia Hijro Ka Dharma: The Code Of India's Hijra, Joseph T. Bockrath
Journal Articles
No abstract provided.
"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos
"We Don't Want Advantages": The Woman Lawyer And Her Quest For Power In Popular Culture, Christine Corcos
Journal Articles
No abstract provided.
The Need For A Revitalized Common Law Of The Workplace, William R. Corbett
The Need For A Revitalized Common Law Of The Workplace, William R. Corbett
Journal Articles
No abstract provided.
Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski
Choosing The Genetic Makeup Of Children: Our Eugenics Past-Present, And Future?, Michael J. Malinowski
Journal Articles
No abstract provided.
The Bridge Of Roebling And Crane, Joseph T. Bockrath
The Bridge Of Roebling And Crane, Joseph T. Bockrath
Journal Articles
No abstract provided.
Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath
Law On Remote Islands: The Convergence Of Fact And Fiction, Joseph Bockrath
Journal Articles
No abstract provided.
Prosecutors, Prejudices And Justice: Observations On Presuming Innocence In Popular Culture And Law, Christine Corcos
Prosecutors, Prejudices And Justice: Observations On Presuming Innocence In Popular Culture And Law, Christine Corcos
Journal Articles
No abstract provided.
Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos
Legal Fictions: Irony, Storytelling, Truth, And Justice In The Modern Courtroom Drama, Christine Corcos
Journal Articles
No abstract provided.
Making Sense Of Successor Liability, Marie T. Reilly
Making Sense Of Successor Liability, Marie T. Reilly
Journal Articles
A firm that buys assets from another firm ordinarily does not acquire liability to the seller's creditors simply by buying its assets. This ordinary rule is subject to important exceptions. The buyer's consent triggers an exception. If a buyer agrees to assume the seller's liability to third parties, it is for that reason liable. This article considers a more controversial exception - successor liability. When a court decides that an asset acquirer should be treated as a "successor" to the transferor, it is liable for the transferor's debts as though it were the transferor.
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Dna Identification Databases: Legality, Legitimacy, And The Case For Population-Wide Coverage, David H. Kaye, Michael E. Smith
Journal Articles
Over the past decade, law enforcement authorities have amassed huge collections of DNA samples and the identifying profiles derived from them. Large DNA databanks routinely help to identify the guilty and to exonerate the innocent, but as the databanks grow, so do fears about civil liberties. Perhaps the most controversial policy issue in the creation of these databases is the question of coverage: Whose DNA profiles should be stored in them? The possibilities extend from convicted violent sex offenders to all convicted felons, to everyone arrested, to the entire population. This Article questions the rationales for drawing the line at …
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
The Case For Tax Sparing Along With Expanding And Limiting The Subpart F Regime, Samuel C. Thompson Jr.
Journal Articles
No abstract provided.
Diversity: Do You Really Want It?, Angela Mae Kupenda
Diversity: Do You Really Want It?, Angela Mae Kupenda
Journal Articles
Diversity. Do you really want it? In many of the diversity workshops I have attended, the facilitators assume that the answer is yes and set out to help the educational institution acquire more diversity. But given continuing fears and prejudices in our society, this is a mistaken, and perhaps premature assumption. Yet, when you are asked, as an educator or administrator, whether you want students of different races and colors, from varying socio-economic backgrounds, and with different perspectives, your response may be that "wanting" is irrelevant. You "need" diversity given our country's changing demographics, your institution's need to generate tuition …
Book Review, Mark C. Modak-Truran
Book Review, Mark C. Modak-Truran
Journal Articles
While Bauman provides persuasive rebuttals to many of the CLS criticisms of liberalism, contemporary liberalism suffers from some of the same shortcomings Bauman observes about CLS. For example, Bauman criticizes CLS for not having a conceptual foundation (an external standard of truth) to demystify the liberal legal consciousness claimed to be inherent in the law. Bauman also argues that contemporary liberal theorists, like John Rawls, avoid the “comprehensive metaphysical or ontological framework” (p.30), held to be incoherent by CLS. However, Bauman fails to realize that Rawls similarly lacks a conceptual foundation to justify his “political not metaphysical” form of political …
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone
Journal Articles
This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …
Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will
Comment: Dna As Property: Implications On The Constitutionality Of Dna Dragnets, Jonathan Will
Journal Articles
This comment will argue that when the state seeks to deprive a person of his or her DNA, greater constitutional protections than are currently afforded dragnets must be provided. Part I will discuss the unique properties of DNA, the information contained therein and why it should be constitutionally protected. Part II will briefly trace the history of DNA dragnets, including the practical and procedural uses in worldwide criminal investigations. Part III will explore current law and commentary regarding Fourth Amendment privacy interests in one’s DNA. Part IV will argue that DNA constitutes personal property, and finally, Part V will show …
License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson
License To Harass Women: Requiring Hostile Environment Sexual Harassment To Be “Severe Or Pervasive” Discriminates Among “Terms And Conditions Of Employment, Judith J. Johnson
Journal Articles
Title VII was intended to remedy discrimination; thus, it is ironic that the courts themselves discriminate among "terms and conditions of employment" by treating hostile environment discrimination less favorably, most commonly in sexual harassment cases. As the Supreme Court said in its first sexual harassment case, hostile environment harassment must be "severe or pervasive" to be actionable. However, many lower courts have used this language to excuse harassment against women. This Article suggests that the problem originates in the Court's continued use of the phrase "severe or pervasive" to describe actionable conduct. This rather dramatic terminology in fact overstates the …
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Symposium Introduction: Law, Religion, And Human Rights In Global Perspective, Mark C. Modak-Truran
Journal Articles
The essays and articles in this Symposium highlight the importance of religion for properly understanding the nature of law, feminism, globalization, human rights, international legal history, and judicial decision making. These essays and articles also challenge the academy to accept a more sophisticated understanding of religion and to understand its importance for all academic inquiry.
Reenchanting International Law, Mark C. Modak-Truran
Reenchanting International Law, Mark C. Modak-Truran
Journal Articles
I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
Journal Articles
No abstract provided.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
Journal Articles
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Proxies For Loyalty In Constitutional Immigration Law: Citizenship And Race After September 11, Victor C. Romero
Journal Articles
The purpose of this article is to share some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between birthright and naturalized citizens in the Presidential Eligibility Clause.
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Decoupling 'Terrorist' From 'Immigrant': An Enhanced Role For The Federal Courts Post 9/11, Victor C. Romero
Journal Articles
Since the terrorist attacks of September 11, 2001, Attorney General John Ashcroft has utilized the broad immigration power ceded to him by Congress to ferret out terrorists among noncitizens detained for minor immigration violations. Such a strategy provides the government two options: deport those who are not terrorists, and then prosecute others who are. While certainly efficient, using immigration courts and their less formal due process protections afforded noncitizens should trigger greater oversight and vigilance by the federal courts for at least four reasons: First, while the legitimate goal of immigration law enforcement is deportation, Ashcroft's true objective in targeting …
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Journal Articles
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.