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Articles 1 - 12 of 12
Full-Text Articles in Law
By The Inch, It’S A Cinch: The Case For Go-Ing Slow In First-Year Legal Writing Courses, Patrick J. Long
By The Inch, It’S A Cinch: The Case For Go-Ing Slow In First-Year Legal Writing Courses, Patrick J. Long
Journal Articles
No abstract provided.
Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey
Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey
Journal Articles
No abstract provided.
Police Killings As Felony Murder, Guyora Binder, Ekow Yankah
Police Killings As Felony Murder, Guyora Binder, Ekow Yankah
Journal Articles
The widely applauded conviction of officer Derek Chauvin for the murder of George Floyd employedthe widely criticized felony murder rule. Should we use felony murder as a tool to check discriminatory and violent policing? The authors object that felony murder—although perhaps the only murder charge available for this killing under Minnesota law—understated Chauvin’s culpability and thereby inadequately denounced his crime. They show that further opportunities to prosecute police for felony murder are quite limited. Further, a substantial minority of states impose felony murder liability for any death proximately caused by a felony, even if the actual killer was a police …
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew
Journal Articles
What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …
Segregation Autopilot: How The Government Perpetuates Segregation And How To Stop It, Heather R. Abraham
Segregation Autopilot: How The Government Perpetuates Segregation And How To Stop It, Heather R. Abraham
Journal Articles
Housing segregation is a defining feature of the American landscape. Scholars have thoroughly documented the government’s historic collusion in segregating people by race. But far from correcting its reprehensible past, the government continues to perpetuate housing segregation today. As if on autopilot, its spending and regulatory activities routinely reinforce housing segregation. Not only is this immoral and bad policy, it is against the law. The government has a statutory duty to conduct its business in a manner that reduces housing segregation. This duty arises from a unique civil rights directive passed by Congress over fifty years ago in the Fair …
Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder
Defunding Police Agencies, Rick Su, Anthony O'Rourke, Guyora Binder
Journal Articles
This Article contextualizes the police defunding movement and the backlash it has generated. The defunding movement emerged from the work of Black-led activists to reassert democratic control over policing and shift resources to social service agencies and other institutions serving community needs. In reaction, states have enacted anti-defunding bills checking local government reduction of law enforcement budgets. These anti-defunding measures continue a long tradition of state and federal control over local police spending, subverting local democratic control over police agencies. These limits include direct legal constraints on local police spending and indirect constraints through grants and authorization to collect fines, …
Amazon As A Seller Of Marketplace Goods Under Article 2, Tanya J. Monestier
Amazon As A Seller Of Marketplace Goods Under Article 2, Tanya J. Monestier
Journal Articles
You have probably purchased goods on Amazon. Did you know that if the goods you purchased on Amazon turn out to be defective and cause serious personal injury, Amazon is probably not liable for them? Did you know that even though you placed an order on Amazon, gave payment to Amazon, and received the goods in an Amazon box, there is a good chance that the goods are not “sold by” Amazon—but are instead sold by a third-party seller? Did you know that Amazon tries to avoid liability for goods sold on its platform on the technicality that it does …
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Statutory Interpretation And Chevron Deference In The Appellate Courts: An Empirical Analysis, Amy Semet
Journal Articles
What statutory methods does an appellate court use in reviewing decisions of an administrative agency? Further, in doing this review, are appellate judges more likely to use certain statutory methods when they expressly cite the Chevron two-step framework than if they do not? This Article explores the answers to these questions using an original database of over 200 statutory interpretation cases culled from more than 2,500 cases decided in appellate courts reviewing National Labor Relations Board (NLRB or the Board) adjudications from 1994 through 2020. In particular, the study examined the use of text, language canons, substantive canons, legislative history, …
Ethical, Legal, And Social Issues In The Earth Biogenome Project, Jacob S. Sherkow, Katharine B. Barker, Irus Braverman, Robert Cook-Deegan, Richard Durbin, Carla L. Easter, Melissa M. Goldstein, Maui Hudson, W. John Kress, Harris A. Lewin, Debra J. H. Mathews, Catherine Mccarthy, Ann M. Mccartney, Manuela Da Silva, Andrew W. Torrance, Henry T. Greely
Ethical, Legal, And Social Issues In The Earth Biogenome Project, Jacob S. Sherkow, Katharine B. Barker, Irus Braverman, Robert Cook-Deegan, Richard Durbin, Carla L. Easter, Melissa M. Goldstein, Maui Hudson, W. John Kress, Harris A. Lewin, Debra J. H. Mathews, Catherine Mccarthy, Ann M. Mccartney, Manuela Da Silva, Andrew W. Torrance, Henry T. Greely
Journal Articles
The Earth BioGenome Project (EBP) is an audacious endeavor to obtain whole-genome sequences of representatives from all eukaryotic species on Earth. In addition to the project’s technical and organizational challenges, it also faces complicated ethical, legal, and social issues. This paper, from members of the EBP’s Ethical, Legal, and Social Issues (ELSI) Committee, catalogs these ELSI concerns arising from EBP. These include legal issues, such as sample collection and permitting; the applicability of international treaties, such as the Convention on Biological Diversity and the Nagoya Protocol; intellectual property; sample accessioning; and biosecurity and ethical issues, such as sampling from the …
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
Journal Articles
This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, …
Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein
Ford's Underlying Controversy, Christine P. Bartholomew, Anya Bernstein
Journal Articles
Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a defendant with sufficient in-state contacts related to a plaintiff’s claim. This Article reveals, however, that courts diverge radically in their understanding of what a claim is. Without stating so outright, some courts limit the claim to a cause of action or its elements, while others understand it to encompass the controversy underlying the litigation. What is worse, few have noticed that these discrepancies even exist, much less explained why. This Article does just that. We show that …
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua
Journal Articles
The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …