Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (22)
- Cornell University Law School (14)
- Georgetown University Law Center (9)
- University of Michigan Law School (7)
- University of Colorado Law School (6)
-
- Columbia Law School (5)
- American University Washington College of Law (4)
- University of Maryland Francis King Carey School of Law (4)
- BLR (3)
- Notre Dame Law School (3)
- Roger Williams University (3)
- University of Florida Levin College of Law (3)
- University of Georgia School of Law (3)
- University of Missouri School of Law (3)
- University of Richmond (3)
- Valparaiso University (3)
- Wayne State University (3)
- Liberty University (2)
- Maurer School of Law: Indiana University (2)
- UIC School of Law (2)
- University at Buffalo School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of San Diego (2)
- Barry University School of Law (1)
- Duquesne University (1)
- New York Law School (1)
- Santa Clara Law (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Keyword
-
- Legal History (17)
- Legal history (9)
- Legal Education (8)
- Legal Profession (8)
- Legal Systems (8)
-
- Jurisprudence (6)
- Constitutional Law (5)
- History (5)
- Legal education (4)
- Legal theory (4)
- Race (4)
- Civil rights (3)
- Courts (3)
- Criminal law (3)
- Politics (3)
- Property (3)
- Public Law and Legal Theory (3)
- Women (3)
- Brown v. board of education (2)
- Capital punishment (2)
- Common law (2)
- Comparative Law (2)
- Conflict management (2)
- Copyright (2)
- Critical legal studies (2)
- Cuba (2)
- Death penalty (2)
- Detention of persons (2)
- Economics (2)
- Environmental law (2)
- Publication
-
- All Faculty Scholarship (21)
- Faculty Scholarship (11)
- Articles (8)
- Georgetown Law Faculty Publications and Other Works (8)
- Overview of Legal Systems in the Asia-Pacific Region (2004) (8)
-
- Law Faculty Publications (7)
- Cornell Law Faculty Publications (6)
- Faculty Publications (6)
- Publications (6)
- Journal Articles (5)
- Scholarly Works (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Law Faculty Research Publications (3)
- Law Faculty Scholarship (3)
- UF Law Faculty Publications (3)
- Book Chapters (2)
- Faculty Publications and Presentations (2)
- George Mason University School of Law Working Papers Series (2)
- Legal Oral History Project (2)
- UIC Law Open Access Faculty Scholarship (2)
- University of San Diego Public Law and Legal Theory Research Paper Series (2)
- Articles by Maurer Faculty (1)
- Bill of Particulars (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Works (1)
- Law Faculty Scholarly Articles (1)
- McGeorge School of Law Scholarly Articles (1)
- Other Publications (1)
- Semester Schedules and Information (1)
Articles 31 - 60 of 127
Full-Text Articles in Law
Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen
Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Taiwan. It further discusses aspects of legal education and legal practice in that country.
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Class Schedule - Spring 2004, Office Of Registrar
Class Schedule - Spring 2004, Office Of Registrar
Semester Schedules and Information
No abstract provided.
What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron
What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron
Faculty Publications
In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …
Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron
Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron
Faculty Publications
What can a fifty year-old hypothetical about human cannibalism concocted by the late Lon Fuller teach us about the Supreme Court's recent foray into the affirmative action debate in twenty-first century America? Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the Court's most important pronouncement on race in a generation? We make a rather modest claim, based on teaching both of these cases in our one-week Introduction to Law classes for incoming first year students, that a helpful way to view Grutter v. Bollinger …
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The Botched Hanging Of William Williams: How Too Much Rope And Minnesota’S Newspapers Brought An End To The Death Penalty In Minnesota, John Bessler
All Faculty Scholarship
This article describes Minnesota's last state-sanctioned execution: that of William Williams, who was hanged in 1906 in the basement of the Ramsey County Jail. Convicted of killing a teenage boy, Williams was tried on murder charges in 1905 and was put to death in February of the following year. Because the county sheriff miscalculated the length of the rope, the hanging was botched, with Williams hitting the floor when the trap door was opened. Three deputies, standing on the scaffold, thereafter seized the rope and forcibly pulled it up until Williams - fourteen and half minutes later - died by …
Civil Obedience, W. Bradley Wendel
Civil Obedience, W. Bradley Wendel
Cornell Law Faculty Publications
Discussions of legal ethics generally assume that lawyers should deliberate straightforwardly on the basis of reasons to act or refrain from acting. This model of deliberation fails to account for the role of the law in resolving normative disagreement and coordinating social activity by people who do not share comprehensive ethical doctrines. The law represents a collective decision about what citizens ought to do, which replaces the reasons individuals would otherwise have to act. This Article contends that legal ethics ought to be understood as an aspect of this theory of the authority of law. On this account, lawyers have …
Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above
Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.
Principles For Constitutions And Institutions In Promoting The Rule Of Law, Jon L. Mills
Principles For Constitutions And Institutions In Promoting The Rule Of Law, Jon L. Mills
UF Law Faculty Publications
Proceedings of the Fourth Annual Legal & Policy Issues in the Americas Conference (2003). Panel IV. Comparative Constitutional Approaches to the Rule of Law and Judicial Independence.
Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Corporate Anatomy Lessons, David A. Skeel Jr.
Corporate Anatomy Lessons, David A. Skeel Jr.
All Faculty Scholarship
The book that will lay the groundwork for the corporate law debates of the coming decade is The Anatomy of Corporate Law. Written by seven of the world's leading corporate law scholars - Henry Hansmann, Reinier Kraakman and Ed Rock of the U.S.; Paul Davies of England; Gerard Hertig of Switzerland; Klaus Hopt of Germany; and Hideki Kanda of Japan - The Anatomy of Corporate Law attempts to identify the underlying structure of corporate law, and to provide a framework for understanding the wide range of approaches that different countries take to corporate law regulation. It is hard to overstate …
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Nietzsche In Law's Cathedral: Beyond Reason And Postmodernism, John Linarelli
Scholarly Works
Nietzsche had very little to say about law and what he did say is fragmentary and sporadic. Nietzsche's philosophy, however, offers a basis for theorizing about law. I use Nietzsche's important works to interpret two major movements in legal thought. The first part of the paper examines how Nietzsche's philosophy augments our understanding of deontological theories about the law. Nietzsche produced a substantial ethical theory. The second part of the paper examines how Nietzsche's philosophy helps us to understand law and economics. Nietzsche had a great deal to say about the intellectual predecessor to law and economics, utilitarianism, and his …
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations, Gail I. Winson
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations, Gail I. Winson
Law Faculty Scholarship
Roger Williams is generally recognized as the founder of Rhode Island. Although his settlement of Providence in 1636 was not the first or only settlement in the area, he was able to open the whole region to English settlement. Due to his friendship with local Indians and knowledge of their language he obtained land from the Indians and assisted other settlers in doing the same. When Williams was banished from the Massachusetts Bay Colony in 1635 because of his rejection of Puritanism, his friend, Governor John Winthrop, suggested that he start a new settlement at Narragansett Bay. Founders of other …
The Battle For Separation Of Powers In Rhode Island, Carl Bogus
The Battle For Separation Of Powers In Rhode Island, Carl Bogus
Law Faculty Scholarship
No abstract provided.
Doctors, The Adversary System, And Proceudral Reform In Medical Liability Litigation, Catherine T. Struve
Doctors, The Adversary System, And Proceudral Reform In Medical Liability Litigation, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Tribal Immunity And Tribal Courts, Catherine T. Struve
Tribal Immunity And Tribal Courts, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Law Faculty Publications
Models of legal ordering are frequently hierarchical. These models do not explain two prominent realities: (1) variation in the content of a legal system, and (2) patterns of non-hierarchical ordering that we observe. As a supplement to hierarchical explanations of legal order, this Article, drawing from physical and social science research on complex systems, offers a self-organizing model. The self-organizing model focuses on variation in the content of legal systems and attempts to explain the relationship between that variation and patterns of ordering. The self-organizing model demonstrates that variation and ordering are not opposite categories, but rather constitute one continuous …
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Articles in Law Reviews & Other Academic Journals
Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …
Crimesong: Some Murder Ballads And Poems Revisited, Richard H. Underwood, Carol J. Paris
Crimesong: Some Murder Ballads And Poems Revisited, Richard H. Underwood, Carol J. Paris
Law Faculty Scholarly Articles
This short Article, by a law professor and a law librarian, was written because of our personal interest in the old ballads, and because of the professor's desire to spice up the “meals-ready-to-eat” diet of problems and cases fed to students in law school courses. But more than anything else, this Article was written for the fun of it. To the extent that we appear to be advancing the occasional high-sounding hypothesis, we want the reader to understand that our speculations are offered only as an invitation to the sociologists, musicologists, and historians. Our backgrounds are limited, and we do …
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Is Land Special? The Unjustified Preference For Landownership In Regulatory Takings Law, Eduardo M. Peñalver
Cornell Law Faculty Publications
This article critiques the Court's attempt to cabin the Lucas "per se" takings rule by limiting it to real property. It argues that the distinction between real and personal property cannot be justified by history or the differing expectations of property owners. It then applies five theoretical frameworks (libertarian, personhood, utilitarian, public choice, and Thomistic-Aristotelian natural law) and finds that none of them supports the jurisprudential distinction between real and personal property. As a result, the article argues that "because the distinction between personal and real property is an unprincipled one, it cannot save the Court from the unpalatable implications …
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
Faculty Publications
Despite the U.S. Supreme Court's recognition in 1954, in Brown v. Board of Education, that education is of paramount importance, six million middle and high school students are still in danger of being left behind. Less than seventy-five percent of eighth graders, fifty percent in urban schools, are graduating from high school within five years. Advocates for educational equity have appealed to the courts, achieving limited success. They have also turned to the legislature, which most recently enacted the No Child Left Behind Act of 2001 ("NCLB"). Thus far, however, the federal government has not enforced NCLB adequately. This …
Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron
Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron
Faculty Publications
Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …
Brown As Icon, Steven L. Winter
Brown As Icon, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Judge Keith, The Constitution And National Security From Haddad To Sinclair - The Damon J. Keith Law Collection Of African-American Legal History Wayne State University Spencer Partrich Auditorium November 18, 2003, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen
Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen
Faculty Scholarship
Tributes to Professor Alice Brumbaugh upon her retirement from the University of Maryland School of Law.
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber
Faculty Scholarship
This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the Court might wish …