Law Commons^™

National Library Partnership Tackles Health Literacy Gap, Jennifer Dixon

Staff Publications

No abstract provided.

Straight From The Source | Innovation, Jennifer Dixon

Staff Publications

No abstract provided.

Convening Community Conversations | Programming, Jennifer Dixon

Staff Publications

No abstract provided.

The Academic Mainstream | Streaming Video, Jennifer Dixon

Staff Publications

No abstract provided.

Nashville, Salt Lake City, Columbus Eliminate Fines, Jennifer Dixon

Staff Publications

No abstract provided.

U. Chicago Undergrad Library Workers Unionize, Jennifer Dixon

Staff Publications

No abstract provided.

Making It Happen | Programming, Jennifer Dixon

Staff Publications

No abstract provided.

First Impressions: Lj's First Year Experience Survey, Jennifer Dixon

Staff Publications

No abstract provided.

Doing Fine(S)? | Fines & Fees, Jennifer Dixon, Steven A. Gillis

Staff Publications

No abstract provided.

The Next Step: Manager | Careers, Jennifer Dixon

Staff Publications

No abstract provided.

Revisiting Our Administrative System Of Criminal Justice, Benjamin E. Rosenberg

Res Gestae

Nineteen years after Judge Lynch’s piece, "Our Administrative System of Criminal Justice," this Article considers recent developments in the criminal justice system and whether Judge Lynch’s observations have withstood the test of time. It suggests that Judge Lynch’s observation—that our criminal justice system has strayed far from the model of the adversarial system—remains as true today as it was when he made it in 1998. It further explains that developments in the nineteen years since the publication of “Our Administrative System of Criminal Justice” have caused the criminal justice system to stray even further from the adversarial model and in …

Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce

Amicus Briefs

No abstract provided.

Umass Boston Library Cuts Squeeze Resources, Jennifer Dixon

Staff Publications

No abstract provided.

Contextualization Shadow Conversations, James J. Brudney

Faculty Scholarship

No abstract provided.

Consumer Form Contracting In The Age Of Mechanical Reproduction, Ethan J. Leib, Zev J. Eigen

Faculty Scholarship

No abstract provided.

Cutting Through: Thirteen Ways Of Looking At Justice Stevens, Abner S. Greene

Faculty Scholarship

No abstract provided.

Past Reform Recommendations On Presidential Succession, John Rogan

Reports

Summary of reports on presidential succession with hyperlinks. These reports all follow the passage and implementation of the Twenty-Fifth Amendment.

Digitocracy, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Ad Hoc Procedure, Pamela K. Bookman, David L. Noll

Faculty Scholarship

Ad hoc procedure” seems like an oxymoron. A traditional model of the civil justice system depicts courts deciding cases using impartial procedures that are defined in advance of specific disputes. This model reflects a process-based account of the rule of law in which the process through which laws are made helps to ensure that lawmakers act in the public interest. Judgments produced using procedures promulgated in advance of specific disputes are legitimate because they are the product of fair rules of play designed in a manner that is the opposite of ad hoc.

Actual litigation frequently reveals the inadequacy of …

Legislative Underwrites, Ethan J. Leib, James J. Brudney

Faculty Scholarship

This article introduces a widespread but virtually unacknowledged practice in Congress and state legislatures. Not only do legislatures override judicial decisions as part of an interbranch dialogue when they disagree with judicial rulings and doctrine, they also underwrite judicial decisions when they agree with those rulings. For all the literature on the adversarial communication evidenced through legislative overriding, there is not a single paper devoted to legislative underwrites that reflect more collaborative dimensions of the interbranch dialogue. This article begins to fill that void, and in so doing it frames practical and theoretical lessons for legislative, judicial, and scholarly audiences. …

Localist Administrative Law, Nestor M. Davidson

Faculty Scholarship

To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …

Concocting Criminal Intent, Deborah W. Denno

Faculty Scholarship

My empirical study, which examines neuroscience evidence in 800 criminal cases over the course of two decades, is the first to determine how, when, and why victim brain scan evidence is introduced and used in court. My study reveals that although courts commonly rely on brain scans to show the extent of a victim’s injury, the actual application of this neuroscience evidence extends far beyond the purpose for which it is admitted.

The Cathedral Through The Looking Glass: A Commentary On Dagan And Dorfman's Just Relationships, Benjamin C. Zipursky

Faculty Scholarship

No abstract provided.

Threatening Litigation, Bruce A. Green

Faculty Scholarship

No abstract provided.

Democratizing Entrepreneurship: Online Documents, Tools, And Startup Know-How, Jeff Thomas, Praveen Kosuri, Bernice Grant

Faculty Scholarship

No abstract provided.

Generating Rembrandt: Artificial Intelligence, Copyright, And Accountability In The 3a Era--The Human-Like Authors Are Already Here- A New Model, Shlomit Yanisky-Ravid

Faculty Scholarship

Artificial intelligence (AI) systems are creative, unpredictable, independent, autonomous, rational, evolving, capable of data collection, communicative, efficient, accurate, and have free choice among alternatives. Similar to humans, AI systems can autonomously create and generate creative works. The use of AI systems in the production of works, either for personal or manufacturing purposes, has become common in the 3A era of automated, autonomous, and advanced technology. Despite this progress, there is a deep and common concern in modern society that AI technology will become uncontrollable. There is therefore a call for social and legal tools for controlling AI systems’ functions and …

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Faculty Scholarship

As an exemplar, Justice Louis D. Brandeis challenges the currently dominant conception that requires lawyers to, in Sanford Levinson's term, "bleach out" their personal identity from their professional identity. Under the dominant neutral partisan vision of the lawyer, clients will only receive the equal representation necessary to provide equal justice if lawyers exclude all personal and group identifications from their role. Brandeis, in contrast, asserted that his Jewish identity constructed his understanding of himself as a jurist. His distinguished career thereby provides a counter-narrative to bleaching-out that can serve as a model for all lawyers, whatever their personal and group …

Antitrust, Consumer Protection, And The New Information Platforms, Mark R. Patterson

Faculty Scholarship

No abstract provided.

The Internationalization Of Sources Of Labor Law, James J. Brudney

Faculty Scholarship

This article examines in depth an important but underappreciated development in international labor law: how norms promulgated by the International Labor Organization (ILO) have affected the development and implementation of domestic labor laws and practices since the early 1990s. The newly globalized focus of labor law—energized by substantial expansions in international trade and investment—has been recognized by scholars, practitioners, and governments, but it has not previously been explored and analyzed in this systematic way.

The article focuses on two central regulatory areas—child labor and freedom of association—and relies on doctrinal and policy developments in these areas, as evidenced by the …

Authenticating Digital Evidence, Paul W. Grimm, Daniel Capra, Gregory P. Joseph

Faculty Scholarship

No abstract provided.