Law Commons^™

Defending Dobbs: Ending The Futile Search For A Constitutional Right To Abortion, Robert J. Pushaw, Jr.

San Diego Law Review

In short, the Court is on the right track in cases like Dobbs by retreating from eccentric, unreviewable, common law policymaking and instead focusing on the Constitution itself.

Alas, average Americans, politicians, pundits, and even lawyers rarely read Court opinions but instead care only about whether they personally agree with the outcome, as the reaction to Dobbs illustrates. One can hardly blame them, as the Court’s constitutional opinions have often featured legal window dressing for results already reached on political or ideological grounds. Therefore, the current majority of Justices must illuminate the public about the Court’s proper role in interpreting …

A New Deal For A Right To Work: Confronting Racism And Inequality In The U.S., James A. Gross

The Scholar: St. Mary's Law Review on Race and Social Justice

Whites have always controlled the country’s major economic and political institutions at all levels. Starting with slavery, the enduring and pervasive dogmas of White superiority and Black inferiority, once openly asserted as “keeping Negroes in their place,” were also used to restrict Black men and women to subordinate “negro jobs.” The vast riches of the United States “were available to all who had the enterprise to take them and the good fortune to be White.”

This denial of the right to work in freely chosen endeavors continues to have immense consequences for Black men, women, and children in every aspect …

Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman

Cleveland State Law Review

In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their …

Foreword: Arthur E. Wilmarth, Jr., A Scholar Of Uncommon Conviction, Integrity, And Boldness, Patricia A. Mccoy

University of Colorado Law Review

No abstract provided.

Tribute To James M. Mcgoldrick, Jr., Julie M. Mcgoldrick

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

A Teacher, Mentor, Scholar, Christian, And Friend: Professor James M. Mcgoldrick, Maureen A. Weston

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Jim Mcgoldrick, Carol A. Chase

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Honoring Professor James M. Mcgoldrick, Jr., Colleen P. Graffy

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Tribute To Jim Mcgoldrick, Steven M. Schultz

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Remembering Jim Mcgoldrick, Harry M. Caldwell

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Mcgoldrick On Mcgoldrick, Edward J. Larson

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

James M. Mcgoldrick, Jr., Ronald F. Phillips

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Jim Mcgoldrick: A Dean’S Tribute, Paul L. Caron

Pepperdine Law Review

Tribute to Pepperdine Caruso School of Law Professor James M. McGoldrick, Jr.

Charles Reich, New Dealer, John Q. Barrett

Touro Law Review

No abstract provided.

Christian Legal Thought Comes Of Age, David A. Skeel, Jr.

Journal of Catholic Legal Studies

(Excerpt)

CLT is a deeply satisfying book. It raises more questions than it answers, just as a casebook should. Perhaps most surprising, CLT looks and feels like a true casebook, a book one could actually use for a class that students might wish to take. As I worked my way through its pages, three features stuck out. I will briefly consider each, then conclude by putting the casebook in larger perspective.

Volume 1, Issue 2 (2017) Inaugural Issue

International Journal on Responsibility

Contents:

Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.

The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.

St. Mary's Law Journal

Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …

Shield Law - The Qualified Privilege Of Newscasters & Journalists In Non-Confidential News - Court Of Appeals Of New York - People V. Combest, 828 N.E.2d 583 (N.Y. 2005), Albert V. Messina Jr.

Touro Law Review

No abstract provided.

County Court, Westchester County, People V. Gant, Albert V. Messina Jr.

Touro Law Review

No abstract provided.

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …

Lawyering As Peacemaking, Angela P. Harris

Villanova Law Review

A lecture by Angela P. Harris titled "Lawyer As Peacemaking," given University of California, Davis, is presented on the topic of civil rights activist Martin Luther King Jr.'s speech "The Quest for Peace and Justice." Topics include the civil rights movement in the U.S., the ways in which attorneys can contribute to the peace process, and lawyers' commitment to justice.

Belford Vance Lawson, Jr.: Life Of A Civil Rights Litigator, Gregory S. Parks

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

18th Annual Joseph L. Rauh, Jr. Lecture, Eric H. Holder Jr.

University of the District of Columbia Law Review

No abstract provided.

The Dark Side Of The Force: The Legacy Of Justice Holmes For First Amendment Jurisprudence, Steven J. Heyman

William & Mary Bill of Rights Journal

Modern First Amendment jurisprudence is deeply paradoxical. On one hand,
freedom of speech is said to promote fundamental values such as individual selffulfillment, democratic deliberation, and the search for truth. At the same time, however, many leading decisions protect speech that appears to undermine these values by attacking the dignity and personality of others or their status as full and equal members of the community. In this Article, I explore where this Jekyll-and-Hyde quality of First Amendment jurisprudence comes from. I argue that the American free speech tradition consists of two very different strands: a liberal humanist view that emphasizes …

With Righteousness In His Suitcase: Reflections On The Ministry Of Dr. Martin Luther King, Jr., D.R. Whitt

Villanova Law Review

No abstract provided.

The Style Of A Skeptic: The Opinions Of Chief Justice Roberts, Laura Krugman Ray

Indiana Law Journal

No abstract provided.

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.

A Tribute To One Of Arkansas's Greatest Pioneers Of Progress, Christopher C. Mercer Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.