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Articles 1 - 14 of 14
Full-Text Articles in Law
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Original Acquisition Of Property: From Conquest & Possession To Democracy & Equal Opportunity, Joseph William Singer
Indiana Law Journal
2010 Harris Lecture, delivered April 5, 2010, Indiana University, Maurer School of Law, Bloomington, Indiana
Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Missouri Law Review
As I discuss below, conditions on the ground have changed in the few short months following the Symposium. Congress has now acted, and the Patent Office will soon have additional authority. These changes play directly into the arguments of our Symposium authors and make their results even more important.
Introducing Civil Law Students To Common Law Legal Method Through Contract Law, Charles R. Calleros
Introducing Civil Law Students To Common Law Legal Method Through Contract Law, Charles R. Calleros
Journal of Legal Education
No abstract provided.
Procedure's Ambiguity, Mark Moller
Procedure's Ambiguity, Mark Moller
Indiana Law Journal
By leaving the meaning of a statute—or procedural rule—undecided, ambiguous appellate decisions create space for lower courts to adopt a blend of conflicting approaches, yielding an average result that trims between competing preferences. While compromising in this way may seem to flout basic norms of good judging, this Article shows that opaque “compromise” opinions have plausible normative appeal, given premises about good interpretation often labeled “pluralist.” Judicial pluralists think courts should decide cases in ways interest groups would, hypothetically, accept. To demonstrate the pluralist appeal of opaque decisions, I develop, in turn, two related claims: First, interest groups, under the …
Employee Pension Rights And The False Promise Of Trust Law, Elizabeth Shilton
Employee Pension Rights And The False Promise Of Trust Law, Elizabeth Shilton
Dalhousie Law Journal
This article explores the jurisprudence of the Supreme Court of Canada on employment pension trusts. I argue that the Court's 1994 decision in Schmidt v. Air Products, which embraced trust law as a tool for resolving pension surplus ownership disputes, held out the promise that courts would use fiduciary principles to shape pension rights for employees and protect those rights against employer self-interest. That promise has failed to bear much fruit. Since Schmidt, the Court has moved away from a conception of trust law as a fetter on employer power towards a flexible conception in which employer trust obligations are …
On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson
On Race, Gender, And Radical Tort Reform: A Review Of Martha Chamallas & Jennifer B. Wriggins, The Measure Of Injury: Race, Gender, And Tort Law, Vincent R. Johnson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Jurisprudence For A Digital Age: Free Software And The Need For A New Media Legal Authority, Nicholas Clark
Jurisprudence For A Digital Age: Free Software And The Need For A New Media Legal Authority, Nicholas Clark
University of the District of Columbia Law Review
No abstract provided.
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
Women And Jurisprudence, Ma. Elodia Robles Sotomayor
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Book Review Of Louis D. Brandeis: A Life, By Melvin I. Urofsky, Robert W. Gordon
Book Review Of Louis D. Brandeis: A Life, By Melvin I. Urofsky, Robert W. Gordon
Journal of Legal Education
No abstract provided.
Terrorizing Academia, Joseph Margulies, Hope Metcalf
Terrorizing Academia, Joseph Margulies, Hope Metcalf
Journal of Legal Education
No abstract provided.
Book Review Of Broken Landscape: Indians, Indian Tribes, And The Constitution, By Frank Pommersheim, Angela R. Riley
Book Review Of Broken Landscape: Indians, Indian Tribes, And The Constitution, By Frank Pommersheim, Angela R. Riley
Journal of Legal Education
No abstract provided.
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Engaged Client-Centered Representation Of The Moral Foundations Of The Lawyer-Client Relationship, Katherine R. Kruse
Hofstra Law Review
The field of legal ethics, as we know it today, has grown out of thoughtful, systematic grounding of lawyers’ duties in a comprehensive understanding of lawyers’ roles and the situating of lawyers’ roles in underlying theories of law, morality and justice. Unfortunately, the field of theoretical legal ethics has mostly lost track of the thing at the heart of a lawyers’ role: the integrity of the lawyer-client relationship. The field of theoretical legal ethics has developed in ways that are deeply lawyer-centered rather than fundamentally client-centered. This paper, which was delivered at Hofstra Law School as the Lichtenstein Distinguished Professor …
When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler
When Is It Wrong To Trade Stocks On The Basis Of Non-Public Information?: Public Views Of The Morality Of Insider Trading, Stuart P. Green, Matthew B. Kugler
Fordham Urban Law Journal
No abstract provided.