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Articles 4591 - 4620 of 4806
Full-Text Articles in Law
On Justitia, Race, Gender, And Blindness, Bennett Capers
On Justitia, Race, Gender, And Blindness, Bennett Capers
Faculty Scholarship
No abstract provided.
Probability Misestimates In Medical Care, Bailey Kuklin
Probability Misestimates In Medical Care, Bailey Kuklin
Faculty Scholarship
No abstract provided.
The Morality Of Evolutionarily Self-Interested Rescues, Bailey Kuklin
The Morality Of Evolutionarily Self-Interested Rescues, Bailey Kuklin
Faculty Scholarship
No abstract provided.
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman
Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman
Faculty Scholarship
No abstract provided.
Sexual Punishments, Alice Ristroph
On The Elimination Of Fiduciary Duties: A Theory Of Good Faith For Unincorporated Firms, Andrew S. Gold
On The Elimination Of Fiduciary Duties: A Theory Of Good Faith For Unincorporated Firms, Andrew S. Gold
Faculty Scholarship
No abstract provided.
On Nourishing The Curriculum With A Transnational-Law Lagniappe (From The Association Of American Law Schools' Workshop On Integrating Transnational Legal Perspectives Into The First-Year Curriculum, Annual Meeting, Torts Panel, January 2006), Anita Bernstein
Faculty Scholarship
No abstract provided.
Clinical Legal Education In Hong Kong: A Time To Move Forward, Stacy Caplow
Clinical Legal Education In Hong Kong: A Time To Move Forward, Stacy Caplow
Faculty Scholarship
No abstract provided.
Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira
Recognizing Odysseus' Scar: Reconceptualizing Pain And Its Empathic Role In Civil Adjudication, Jody L. Madeira
Articles by Maurer Faculty
This Article proffers a consideration of how the expression of pain impacts the interpersonal dimensions of personal injury proceedings, contesting through philosophical logic and textual analyses of case law and legal practitioners' texts the conclusion of scholars such as Elaine Scarry and Robert Cover that pain unmakes both the word and the world. Seeing pain as something that can and must be communicated, albeit in a different form than pain embodied, makes pain a much more profound force, comports with our understanding of pain as a physical yet interpersonally meaningful sensation, and has many evidentiary ramifications. Taking as its premise …
Lashing Reason To The Mast: Understanding Judicial Constraints On Emotion In Personal Injury Litigation, Jody L. Madeira
Lashing Reason To The Mast: Understanding Judicial Constraints On Emotion In Personal Injury Litigation, Jody L. Madeira
Articles by Maurer Faculty
Arguing from the premise that personal injury plaintiffs and injury evidence do not taint proceedings by encouraging jurors to adjudicate based on emotion rather than evidence, this article reviews and challenges judicial attempts to constrain jurors' emotive responses to an injured plaintiff in three areas of personal injury litigation: voir dire, admissibility of evidence, and restrictions on damages arguments and assessment. The judicial abhorrence of sympathy as a ground for substantive decision making during some phases of the trial clashes with judicial tolerance of the emotion during others, giving rise to a pattern of sympathy in, sympathy out where the …
Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters
Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters
Articles by Maurer Faculty
What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have almost universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were almost universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary international law's rules on ethnic cleansing?
The Article derives the customary legal norms logically …
Public Legal Reason, Lawrence B. Solum
Public Legal Reason, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.
The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …
Jewish Law For The Law Librarian, David Hollander
Jewish Law For The Law Librarian, David Hollander
Articles
Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.
Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin
Repeat Infringement In The Digital Millennium Copyright Act, A. Michael Froomkin
Articles
No abstract provided.
Optimizing Consumer Credit Markets And Bankruptcy Policy, Ronald J. Mann
Optimizing Consumer Credit Markets And Bankruptcy Policy, Ronald J. Mann
Faculty Scholarship
This Article explores the relationship between consumer credit markets and bankruptcy policy. In general, I argue that the causative relationships running between borrowing and bankruptcy compel a new strategy for policing the conduct of lenders and borrowers in modern consumer credit markets. The strategy must be sensitive to the role of the credit card in lending markets and must recognize that both issuers and cardholders are well placed to respond to the increased levels of spending and indebtedness. In the latter parts of the Article, I recommend mandatory minimum payment requirements, a tax on distressed credit card debt, and the …
Gendered Subjects Of Transitional Justice, Katherine M. Franke
Gendered Subjects Of Transitional Justice, Katherine M. Franke
Faculty Scholarship
Transitional societies must contend with a range of complex challenges as they seek to come to terms with and move beyond an immediate past saturated with mass murder, rape, torture, exploitation, disappearance, displacement, starvation, and all other manner of human suffering. Questions of justice figure prominently in these transitional moments, and they do so in a dual fashion that is at once backward and forward looking. Successor governments must think creatively about building institutions that bring justice to the past, while at the same time demonstrate a commitment that justice will form a bedrock of governance in the present and …
Constitutional Tipping Points: Civil Rights, Social Change, And Fact-Based Adjudication, Suzanne B. Goldberg
Constitutional Tipping Points: Civil Rights, Social Change, And Fact-Based Adjudication, Suzanne B. Goldberg
Faculty Scholarship
This Article offers an account of how courts respond to social change, with a specific focus on the process by which courts "tip" from one understanding of a social group and its constitutional claims to another. Adjudication of equal protection and due process claims, in particular, requires courts to make normative judgments regarding the effect of traits such as race, sex, sexual orientation, or mental retardation on group members' status and capacity. Yet, Professor Goldberg argues, courts commonly approach decisionmaking by focusing only on the 'facts" about a social group, an approach that she terms 'fact-based adjudication." Professor Goldberg critiques …
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard Harcourt
From The Asylum To The Prison: Rethinking The Incarceration Revolution, Bernard Harcourt
Faculty Scholarship
The incarceration revolution of the late twentieth century fueled ongoing research on the relationship between rates of incarceration and crime, unemployment, education, and other social indicators. In this research, the variable intended to capture the level of confinement in society was conceptualized and measured as the rate of incarceration in state and federal prisons and county jails. This, however, fails to take account of other equally important forms of confinement, especially commitment to mental hospitals and asylums.
When the data on mental hospitalization rates are combined with the data on imprisonment rates for the period 1928 through 2000, the incarceration …
The Copyright Paradox, Tim Wu
The Copyright Paradox, Tim Wu
Faculty Scholarship
Copyright law has become an important part of American industrial policy. Its rules are felt by every industry that touches information, and today that means quite a bit. Like other types of industrial policy, copyright in operation purposely advantages some sectors and disadvantages others. Consequently, today's copyright courts face hard problems of competition management, akin to those faced by the antitrust courts and the Federal Communications Commission.
How should courts manage competition using copyright? Over the last decade, writers have begun to try to understand the "other side" of copyright, variously called its innovation policy, communications policy, or regulatory side.Here …
Emergency Exemptions From Environmental Laws After Disasters, Michael B. Gerrard
Emergency Exemptions From Environmental Laws After Disasters, Michael B. Gerrard
Faculty Scholarship
Many environmental statutes had their origins in disasters. And when disasters strike, the environmental laws come into play in the response. Some have urged Congress to adopt emergency exemptions so that the environmental laws do not interfere with rescue and recovery.
This article explains how disasters helped create our current statutes, and then describes the role that environmental laws played in the immediate response to the September 11 attacks and Hurricane Katrina. It catalogs the multiple exemptions that already exist in the current environmental statutes and regulations and then summarizes the exemptions that were proposed after Hurricane Katrina.
Legitimating Global Trade Governance: Constitutional And Legal Pluralist Approaches, Ruth Buchanan
Legitimating Global Trade Governance: Constitutional And Legal Pluralist Approaches, Ruth Buchanan
Articles & Book Chapters
This article will take up the conversation about legal pluralism in the context of debates over transnational governance, where legal pluralism has of late attracted considerable attention. Legal pluralism has its roots in legal sociology and anthropology, and particularly in the study of the co-existence of non-state, customary law or community norms with formal law. In the transnational context, this original focus is expanded to include the coexistence, within a particular territory, of multiple normative regimes, local, national and international. What is important to note, however, is that in this shift the conceptual orientation of the term remains the same: …
Connecting Economy, Gender, And Citizenship, Mary G. Condon, Lisa C. Philipps
Connecting Economy, Gender, And Citizenship, Mary G. Condon, Lisa C. Philipps
Articles & Book Chapters
This chapter explores emerging discourses of economic citizenship and con- siders how they might illuminate developments in taxation and securities law and policy. In previous work, we have discussed how different fields of business and commercial law help to construct and regulate a gendered and classed economic order (Condon 2000, 2001, 2002; Philipps 1996, 2002, 2003). Here we draw upon theories of citizenship as a possible source of new insights about the formation and governance of an increasingly market- oriented social order and law’s role in that process. First, we focus on the significant theoretical challenges posed by emergent notions …
Regulating Inheritable Genetic Modification Or Policing The Fertile Imagination?: A Feminist Response, Roxanne Mykitiuk, Isabel Karpin
Regulating Inheritable Genetic Modification Or Policing The Fertile Imagination?: A Feminist Response, Roxanne Mykitiuk, Isabel Karpin
Articles & Book Chapters
The past few years have seen an explosion of legislative activity around developments in genetics and assisted reproduction. In this chapter we examine recently passed legislation in Australia and Canada in the area of genetic modification technologies and reproductive genetics. We demonstrate that legislative control in this area has a twofold purpose. Less controversially it is aimed at providing limits to scientific innovation for the purpose of ensuring safe and ethical research and experimentation. More controversially it is concerned with what should be the proper "nature of reproduction' namely, how it happens (sexually), between whom (a man and a woman, …
Emotions And The Veil Of Voluntarism: The Loss Of Judgment In Canadian Criminal Defences, Benjamin Berger
Emotions And The Veil Of Voluntarism: The Loss Of Judgment In Canadian Criminal Defences, Benjamin Berger
Articles & Book Chapters
In this perspective piece, the author attacks the notion of "moral involuntariness" in the Supreme Court of Canada's judgment in R. v. Ruzic. He asserts that the voluntarist account of criminal liability is purely descriptive. Through the embrace of a mechanistic understanding of human agency, it forestalls judgment and veils the normative foundation of criminal law. The author asserts the need for a more normative approach, one which seeks to evaluate the moral blameworthiness of an act. In the case of duress, the author suggests that it is not enough to simply state that a person's will is constrained because …
Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott
Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott
Articles & Book Chapters
This is a book review of Living in a Contaminated World: Community Structures, Environmental Risks and Decision Frameworks. Ed. Ellen Omohundro. Surrey, United Kingdom: Ashgate, 2004.
Review Of The New Ontario Limitations Regime: Exposition And Analysis, Lorne Sossin
Review Of The New Ontario Limitations Regime: Exposition And Analysis, Lorne Sossin
Articles & Book Chapters
No abstract provided.
The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri
The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri
Articles
No abstract provided.
Jewish Law For The Law Librarian, David Hollander
Jewish Law For The Law Librarian, David Hollander
Articles
Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.
Pension Power: Unions, Pension Funds, And Social Investment In Canada, Jinyan Li
Pension Power: Unions, Pension Funds, And Social Investment In Canada, Jinyan Li
Articles & Book Chapters
This is a review of the book Pension Power: Unions, Pension Funds, and Social Investment in Canada.
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.