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Full-Text Articles in Law
Responses To The 11/4/11 Ostp Data Rfi, David Lowe
Responses To The 11/4/11 Ostp Data Rfi, David Lowe
Published Works
On November 3, 2011, OSTP released a Request for Information (RFI) soliciting public input on long-term preservation of, and public access to, the results of federally funded research, including digital data ,as required in the America COMPETES Reauthorization Act of 2010. Published here are the responses from David Lowe, Preservation Librarian and Digital Programs Team Leader at the University of Connecticut Libraries.
Criminal Law’S Tribalism, Molly Townes O'Brien
Criminal Law’S Tribalism, Molly Townes O'Brien
Connecticut Public Interest Law Journal
No abstract provided.
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal
Connecticut Public Interest Law Journal
No abstract provided.
Civil Judicial Subsidy, The, Brendan Maher
Civil Judicial Subsidy, The, Brendan Maher
Faculty Articles and Papers
American society does not require civil litigants to bear the actual cost of using the court; those costs are borne almost entirely by the taxpayer (i.e., the “civil judicial subsidy”). In this Article I ask: is that right? Or is there a more desirable way to apportion court usage costs between the state and litigants? I develop an evaluative framework that facilitates analysis of the purpose, contours, and cost of the current judicial subsidy. We subsidize court use because, in theory, there are certain “social positives” associated with public adjudication. To date the unspoken assumption has been that these social …
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …
The Invention Of Legal Primitivism, Steven Wilf
The Invention Of Legal Primitivism, Steven Wilf
Faculty Articles and Papers
This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …
Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay
Judicial Policy - Making And The Peculiar Function Of Law, Richard Kay
Faculty Articles and Papers
While the nature of legal systems is a perpetually contested question, it is fairly uncontroversial that each must contain certain essential characteristics. First, each must suppose some picture of the appropriate way for human beings subject to it to live together in society. Second, to secure that proper arrangement, each must employ, to a greater or lesser degree, the device of general rules of conduct. Finally, in all but the simplest systems, the effectiveness of those rules must be guaranteed by some process of adjudication. The relationships among these three factors - social values, legal rules and judging - comprise …
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Paradigms, Assumptions, And Strategies: Royce And Method, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
The Epidemiology Of Critique, Michael Fischl
The Epidemiology Of Critique, Michael Fischl
Faculty Articles and Papers
No abstract provided.
It's Conflict All The Way Down, Michael Fischl
It's Conflict All The Way Down, Michael Fischl
Faculty Articles and Papers
No abstract provided.
"Originalist" Values And Constitutional Interpretation, Richard Kay
"Originalist" Values And Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
No abstract provided.
On Conduits And Voices, Thomas Morawetz
On Conduits And Voices, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
The State Action Doctrine, The Public- Private Distinction, And The Independence Of Constitutional Law, Richard Kay
Faculty Articles and Papers
No abstract provided.
The Question That Killed Critical Legal Studies, Michael Fischl
The Question That Killed Critical Legal Studies, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Comparative Constitutional Fundamentals, Richard Kay
Comparative Constitutional Fundamentals, Richard Kay
Faculty Articles and Papers
No abstract provided.
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Towards A History Of Essential Federalism: Another Look At Owen In America, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Original Intentions, Standard Meanings And The Legal Character Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
Some Realism About Critical Legal Studies, Michael Fischl
Some Realism About Critical Legal Studies, Michael Fischl
Faculty Articles and Papers
No abstract provided.
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Persons Without History: Liberal Theory And Human Experience, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.
Maine's Ancient Law And Legal Theory, Stephen Utz
Maine's Ancient Law And Legal Theory, Stephen Utz
Faculty Articles and Papers
No abstract provided.
Commentary: The Rules Of Law And The Point Of Law, Thomas Morawetz
Commentary: The Rules Of Law And The Point Of Law, Thomas Morawetz
Faculty Articles and Papers
No abstract provided.