Law Commons^™

The Law On Christmas, Daniel A. Crane

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As every jurist knows, there is a vast body of law about Christmas. For instance, every municipal bureaucrat knows that it’s quite alright to display the Holy Child en crèche so long as He’s adequately trivialized by “Santa’s sleigh; a live 40–foot Christmas tree strung with lights; statues of carolers in old-fashioned dress; candy-striped poles; a ‘talking’ wishing well; a large banner proclaiming ‘SEASONS GREETINGS’; a miniature ‘village’ with several houses and a church; and various ‘cut-out’ figures, including those of a clown, a dancing elephant, a robot, and a teddy bear.” There are cases about dangerous Christmas ornaments, whether …

Disinfo V. Democracy, Nadine Strossen

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Using accusations of ‘disinformation’ to suppress scientific criticism, steer media coverage, and silence political opponents is not part of the operating system of a free society

Federal Court Orders Reinstatement Of Discharged Trans Professor, Arthur S. Leonard

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No abstract provided.

New York’S 2020 Census Victory - How It Happened & What’S Next, Jeffrey M. Wice

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No abstract provided.

Virginia Court Reinstates Teacher Suspended For Opposing Trans Inclusion Policy, Arthur S. Leonard

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No abstract provided.

America's Ambivalent Commitment To International Justice, Robert Howse, Ruti G. Teitel

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No abstract provided.

Challenges And Opportunities For Hotel-To-Housing Conversions In Nyc, Noah Kazis, Elisabeth Appel, Matt Murphy

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As the country continues to grapple with the COVID-19 crisis and its aftermath, policymakers in New York City and Albany have debated how to support the conversion of hotels into housing—and especially affordable housing—as part of a solution to the city’s ongoing housing crisis. The basic intuition is compelling. COVID has forced the shuttering of many commercial establishments, especially in hard-hit New York City. In certain sectors, the effect has been particularly large: these include hotels devastated by shutdowns in tourism, international travel, and business travel. At the same time as these spaces are sitting empty, though, Americans have faced …

Indiana Federal Court Rejects Public School Teacher’S Religious Discrimination Claim Over Misgendering Discharge, Arthur S. Leonard

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No abstract provided.

Foreword, James C. Hathaway

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The prognosis for the global refugee protection regime is not good. Wealthy countries are more determined than ever to avoid the arrival of refugees, investing massively in a variety of non-entree policies to deflect refugees away from their borders. Yet despite the fact that only about 15 percent of the world's refugees reach such states, rich countries spend four times as much money to manage and process the refugee claims of the small number of refugees who reach them than to fund the protection of the 85 percent of refugees who remain in the less developed world. Roughly a third …

Court Rejects Web Designer’S Challenge To Colorado Anti-Discrimination Law, Arthur S. Leonard

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No abstract provided.

Major Keys, Britney Wilson

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No abstract provided.

Scotus Denies Review To Florist Who Refused To Serve Same-Sex Couple, Arthur S. Leonard

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No abstract provided.

Q&A: Bi-Coastal Blues, Lucas Ferrara

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No abstract provided.

Gavin Grimm Triumphs In Battle With Virginia School Board, Arthur S. Leonard

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No abstract provided.

Foreword: From Personal Life To Private Law: The Jurisprudence Of John Gardner, Scott Hershovitz

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John Gardner was a great philosopher. He was appointed as the Professor of Jurisprudence at Oxford when he was still quite junior in the profession. It was a big job. Ronald Dworkin held the post before Gardner, and H.L.A. Hart before him. Gardner delivered on his promise. He had wide-ranging interests. He wrote about jurisprudence, criminal law, and tort law. His pushed those fields forward—and others too. Gardner’s scholarship was incisive, creative, rigorous, generous, and witty. He had a knack for illuminating law and life too. In recent years, Gardner published two books that tackled tort law: From Personal Life …

Slamming The Courthouse Door: 25 Years Of Evidence For Repealing The Prison Litigation Reform Act, Andrea Fenster, Margo Schlanger

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Twenty-five years ago today, in 1996, President Bill Clinton signed the Prison Litigation Reform Act. The “PLRA,” as it is often called, makes it much harder for incarcerated people to file and win federal civil rights lawsuits. For two-and-a-half decades, the legislation has created a double standard that limits incarcerated people’s access to the courts at all stages: it requires courts to dismiss civil rights cases from incarcerated people for minor technical reasons before even reaching the case merits, requires incarcerated people to pay filing fees that low-income people on the outside are exempt from, makes it hard to find …

International Legal Argumentation: Practice In Need Of A Theory, Ian Johnstone, Steven R. Ratner

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In a decentralized global system that lacks the formal trappings of domestic governance systems, most disputes between and among states and non-state actors never reach either a domestic or an international courtroom for authoritative resolution. This state of affairs continues, even with the creation of new international tribunals in recent decades. Despite, indeed because of, the relative scarcity of judicial settlement of disputes, international legal argumentation remains pervasive, but notably in a range of nonjudicial settings. States, corporations, nongovernmental organizations (NGOs), and even guerrilla groups make claims in international legal terms in political bodies like the United Nations’ organs or …

Preface, Margaret C. Hannon, Joanne Sweeny

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Volume 18 of Legal Communication & Rhetoric: JALWD introduces the theme of author as travel guide who can transport their reader to new places. Lisa Eichhorn’s article, “Tonal Variation,” introduces the concept of tone, which is defined as the author’s attitude toward the audience. Using this frame, Professor Eichhorn explains how the author can use tone to shape the relationship with the reader. The article examines and contrasts two recent judicial opinions authored by Supreme Court Justices Kagan and Gorsuch. Through these tonal analyses, Professor Eichhorn shows how, even within an opinion, the tone may shift as the opinion moves …

Introduction, Daniel A. Crane, Samuel Gregg

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The regulation of economic life, whether through law or politics, has been a fixture of daily life from time immemorial. Formal regulation occurs through a variety of formal devices, the efficacy of which is argued about by legal scholars, economists, policymakers, legislators, and governments. Even expressions like “to regulate” or “to deregulate” carry a range of political and even moral connotations, depending on who is using the phrase and how they are deploying it.

The New International Tax Framework: Evolution Or Revolution?, Reuven S. Avi-Yonah

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On July 1, 2021, 130 countries signed on to a new framework for reforming international corporate taxation. This outcome, which still needs to be finalized and implemented in national legislation, represents the culmination of over a decade of attempts to bring the 100-year old international tax regime into the 21st century. This Insight will explain the background to the new framework and assess its prospects for success.

Should Central Banks Use Distributed Ledger Technology And Digital Currencies To Advance Financial Inclusion?, Michael S. Barr, Adrienne A. Harris, Lev Menand, Karin Thrasher

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This paper examines how central banks might use distributed ledger technology (“DLT”) to improve access to safe and affordable financial products and services. We consider how central banks might use DLT to advance objectives such as Anti-Money Laundering (“AML”) compliance and discuss both central bank digital currencies (“CBDC”) and private digital currencies. We consider implementation challenges for these new approaches relating to interoperability, privacy, and efficiency. We conclude that financial inclusion is far from an assured outcome: central banks must work to ensure that any new technologies they adopt or foster do not exclude marginalized groups and instead focus with …

Introduction: Situating, Researching, And Writing Comparative Legal History, John G. H. Hudson, William Eves

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This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme of the conference gives this book its title: ‘comparative legal history’. The topic came easily to the organisers because of their association with the St Andrews-based European Research Council Advanced grant project ‘Civil law, common law, customary law: consonance, divergence and transformation in Western Europe from the late eleventh to the thirteenth centuries’. But the chosen topic was also …