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Articles 1 - 23 of 23

Full-Text Articles in Law

Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook Nov 2003

Corporation Law After Enron: The Possibility Of A Capitalist Reimagination, David A. Westbrook

Journal Articles

No abstract provided.


State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner Jun 2003

State Constitutional Rights As Resistance To National Power: Toward A Functional Theory Of State Constitutions, James A. Gardner

Journal Articles

In the American legal order, constitutional rights are conventionally understood to apply to and restrain the level of government created by the constitution in which those rights appear. Thus, individual rights in a lower-order constitution are understood to apply solely to the lower level government and to have no relevance to the actions of any higher level of government. This article challenges the conventional understanding by arguing that individual rights appearing in state constitutions can in many circumstances play a meaningful role in restraining the exercise of national power. Specifically, the identification and enforcement of state constitutional rights can serve ...


Creating An Information Commons, James G. Milles May 2003

Creating An Information Commons, James G. Milles

Journal Articles

No abstract provided.


But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel Apr 2003

But Pierre, If We Can't Think Normatively, What Are We To Do?, John Henry Schlegel

Journal Articles

No abstract provided.


Pierre Schlag And The Temple Of Boredom, David A. Westbrook Apr 2003

Pierre Schlag And The Temple Of Boredom, David A. Westbrook

Journal Articles

No abstract provided.


Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken Jan 2003

Does Lewis V. Casey Spell The End To Court-Ordered Improvement Of Prison Law Libraries?, Joseph L. Gerken

Law Librarian Journal Articles

The Supreme Court's decision in Lewis v. Casey raises the bar for advocates seeking court-ordered improvements in prison law libraries. Whether it dooms all such efforts to failure may well depend on the willingness of trial courts to take into account the realities of prisoners' pro se litigation.


Gunther Peck's Reinventing Free Labor: Padrones And Immigrant Workers In The North American West, 1880–1930 (Book Review), Robert J. Steinfeld Jan 2003

Gunther Peck's Reinventing Free Labor: Padrones And Immigrant Workers In The North American West, 1880–1930 (Book Review), Robert J. Steinfeld

Book Reviews

No abstract provided.


Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly Jan 2003

Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly

Journal Articles

No abstract provided.


Coherence Or Bust: Telling Tales About Election Law, James A. Gardner Jan 2003

Coherence Or Bust: Telling Tales About Election Law, James A. Gardner

Journal Articles

No abstract provided.


Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Jan 2003

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth ...


Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook Jan 2003

Le 'Noble Mensonge' De L'Amérique Après Le 11 Septembre [Written As Constituting A Nation, Making A Home, After September 11th], David A. Westbrook

Journal Articles

No abstract provided.


Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey Jan 2003

Caring For Workers (Symposium On Law, Labor, And Gender), Martha T. Mccluskey

Journal Articles

No abstract provided.


What Do Clients Want? What Do Lawyers Do?, Lynn Mather Jan 2003

What Do Clients Want? What Do Lawyers Do?, Lynn Mather

Journal Articles

No abstract provided.


Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner Jan 2003

Forcing States To Be Free: The Emerging Constitutional Guarantee Of Radical Democracy, James A. Gardner

Journal Articles

No abstract provided.


Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly Jan 2003

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.


Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai Jan 2003

Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai

Other Scholarship

No abstract provided.


Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French Jan 2003

Shopping For Religion: The Change In Everyday Religious Practice And Its Importance To The Law, Rebecca Redwood French

Journal Articles

No abstract provided.


A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly Jan 2003

A Retrospective On Lucas V. South Carolina Coastal Council: Public Policy Implications For The 21st Century, Kim Diana Connolly

Journal Articles

No abstract provided.


Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller Jan 2003

Citizenship And Severity: Recent Immigration Reforms And The New Penology, Teresa A. Miller

Journal Articles

Over the past twenty years, scholars of criminal law, criminology and criminal punishment have documented a transformation in the practices, objectives, and institutional arrangements underlying a range of criminal justice system functions that are at the heart of penal modernism. In contrast to the preceding eighty years of criminal justice practices that were progressively more modern in their belief in the rationality of the criminal offender and their concern for enhancing civilization through rehabilitative responses to criminality, these scholars note that since the mid-198''0s the relatively settled assumptions about the framework that shaped criminal justice and penal practices for ...


Coercion, Contract And Free Labor In The Nineteenth Century (A Response To Gunther Peck), Robert J. Steinfeld Jan 2003

Coercion, Contract And Free Labor In The Nineteenth Century (A Response To Gunther Peck), Robert J. Steinfeld

Journal Articles

No abstract provided.


Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey Jan 2003

Efficiency And Social Citizenship: Challenging The Neoliberal Attack On The Welfare State, Martha T. Mccluskey

Journal Articles

In the face of rising economic inequality and shrinking welfare protections, some scholars recently have revived interest in T.H. Marshall's theory of "social citizenship." That theory places economic rights alongside political and civil rights as fundamental to public well-being. But this social citizenship ideal stands against the prevailing neoliberal ("free market") ideology, which asserts that state abstention from economic protection generates societal well-being. Using the examples of AFDC and workers' compensation in the 1990s, I analyze how arguments about economic efficiency have worked to characterize social welfare programs as producers of public vice rather than public virtue. A ...


Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook Jan 2003

Triptych: Three Meditations On How Law Rules After Globalization, David A. Westbrook

Journal Articles

No abstract provided.


Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold Jan 2003

Reforming Child Protection In Response To The Catholic Church Child Sexual Abuse Scandal, Susan Vivian Mangold

Journal Articles

No abstract provided.