Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (6)
- Constitutional Law (5)
- Legal Education (5)
- Law and Gender (4)
- Banking and Finance Law (3)
-
- Civil Rights and Discrimination (3)
- First Amendment (3)
- Human Rights Law (3)
- Legal Writing and Research (3)
- Tax Law (3)
- Administrative Law (2)
- Antitrust and Trade Regulation (2)
- Comparative and Foreign Law (2)
- Criminal Law (2)
- Disability Law (2)
- Housing Law (2)
- Immigration Law (2)
- Intellectual Property Law (2)
- Law and Psychology (2)
- Legal History (2)
- Legal Profession (2)
- National Security Law (2)
- Property Law and Real Estate (2)
- Religion Law (2)
- Rule of Law (2)
- Securities Law (2)
- Admiralty (1)
- Agency (1)
- Business Organizations Law (1)
- Keyword
-
- Constitutional Law (3)
- Mental disability law (3)
- New York Law School (3)
- Gay Pride (2)
- Human Rights (2)
-
- Human rights (2)
- Immigration law (2)
- Segregation (2)
- Thailand (2)
- Transitional justice (2)
- Women's Rights (2)
- Administrative law (1)
- Affirmative action (1)
- Antitrust (1)
- Arbitration (1)
- Article 9 (1)
- Bar exam (1)
- Book review (1)
- Brown v. Board of Education (1)
- Canada (1)
- Capital Punishment (1)
- Cash-out merger (1)
- Censorship (1)
- Charter Agreement (1)
- Chicago (1)
- Cole v. Commissioner (1)
- Common Article 3 (1)
- Comparative law (1)
- Compulsory license (1)
- Confrontation (1)
Articles 1 - 30 of 44
Full-Text Articles in Law
A Dream Deferred, Lewis M. Steel '63
Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman
Evolution And The Holy Ghost Of Scopes: Can Science Lose The Next Round?, Stephen A. Newman
Articles & Chapters
No abstract provided.
Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer
Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer
Articles & Chapters
In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …
Ibeto Petrochemical Industries Ltd V. M/T Beffen, 475 F. 3d 56 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56
Ibeto Petrochemical Industries Ltd V. M/T Beffen, 475 F. 3d 56 - Court Of Appeals, 2nd Circuit 2007, Roger J. Miner '56
Circuit Court Opinions
Plaintiff-Counter-Defendant-Appellant Ibeto Petrochemical Industries Limited ("Ibeto") appeals from an Order entered in the United States District Court for the Southern District of New York (Scheindlin, J.) in an action arising out of the contamination by seawater of a shipment of oil being carried by motor tanker. The Order granted the motions of Defendant-Appellee M/T Beffen, Her Engines, Tackles, Boiler, etc. (in rem) ("the Beffen") and Defendant-Counter-Claimant-Appellee Bryggen Shipping and Trading A/S (in personam) ("Bryggen") (collectively "defendants") to stay this action, to compel arbitration, and to enjoin an action pending in Nigeria. The Order also denied Ibeto's motion for voluntary …
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait
Articles & Chapters
After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American …
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger
Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger
Articles & Chapters
No abstract provided.
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Only A Sith Thinks Like That: Llewellyn's Dueling Canons, Eight To Twelve, Michael B.W. Sinclair
Articles & Chapters
In this, the second installment in a series of articles planned to examine each of the twenty eight pairs of "dueling canons" having opposite effect left to us in 1950 by Karl N. Llewellyn (Karl N. Llewellyn, "Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed", 3 VANDERBILT L.REV. 395 (1950)), I examine pairs 8 through 12. I start with Pair 12, Llewellyn's formulation of the Plain Meaning Rule; it is not so much a canon of construction as a condition on construction: unless one or both of its conditions …
Precedent, Super-Precedent, Michael B.W. Sinclair
Precedent, Super-Precedent, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Introduction (Symposium: Seeking Review: Immigration Law And Federal Court Jurisdiction), Lenni B. Benson
Articles & Chapters
No abstract provided.
But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker
But Did They Listen? The New Jersey Death Penalty Commission's Exercise In Abolitionism: A Detailed Reply, Robert Blecker
Articles & Chapters
Based upon the nearly unanimous recommendation of its Death Penalty Study Commission, New Jersey seems poised to become the first state in the modern era to legislatively abolish capital punishment and substitute life without parole. Hailed nationally and internationally as thoughtful and fair, the Commission's final report consistently distorts the evidence, displays an anti-retributive bias, and worst of all, ignores basic well-established perspectives framing the great debate, avoiding at all costs the question of justice.
Unbalanced and biased, the Commission does not even consider any alternative to abolition or standing pat. This essay directly engages the Report on its findings …
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
Articles & Chapters
The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …
Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger
Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger
Articles & Chapters
No abstract provided.
The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico
The Higher Cost Of Being African-American Or Latino: Subprime Home Mortgage Lending In New York City, 2004-2005, Richard D. Marsico
Articles & Chapters
The recent turmoil in the financial markets caused by rising default rates on subprime residential home mortgages should not obscure that several studies have shown that African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime loans. The subprime lending crisis should also not obscure the fact that they have also received a disproportionately low percentage of all home mortgage loans.
This report uses data made public pursuant to the Home Mortgage Disclosure Act (HMDA) to examine home mortgage lending in New York City in 2004 and 2005 to determine whether African-Americans, Latinos, and residents …
Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz
Nervine' And Knavery: The Life And Times Of Dr. Miles Medical Company, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Law In The Plays Of Elmer Rice, Randolph N. Jonakait
Articles & Chapters
While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
Articles & Chapters
Currently en vogue concerns about hedge funds are not nearly as substantial as is often claimed. Moreover, the funds themselves are reducing their risks to investors and the broader markets, in accordance with investor demands. As hedge funds benefit the broader market by mitigating price downturns, bearing risks that others will not, making securities more liquid, and ferreting out inefficiencies, policymakers should consider whether stricter regulation of hedge funds could do more harm than good.
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
An Internet-Based Mental Disability Law Program: Implications For Social Change In Nations With Developing Economies, Michael L. Perlin
Articles & Chapters
No abstract provided.
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
You Can’T Get There From Here: Managing Judicial Review Of Immigration Cases, Lenni B. Benson
Articles & Chapters
No abstract provided.
The Rule Of Law And The Military Commission, Stephen J. Ellmann
The Rule Of Law And The Military Commission, Stephen J. Ellmann
Articles & Chapters
This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …
Torture And Islamic Law, Sadiq Reza
Torture And Islamic Law, Sadiq Reza
Articles & Chapters
This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …
Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold
Resolving The Intergenerational Conflicts In Real Property Law: Preserving Free Markets And Personal Autonomy For Future Generations, Gerald Korngold
Articles & Chapters
No abstract provided.
Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused
Book Review Of Amada Seligman’S “Block By Block: Neighborhoods And Public Policy On Chicago's West Side”, Richard H. Chused
Other Publications
No abstract provided.
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
The Failure Of Innocent Spouse Reform, Richard C.E. Beck
Articles & Chapters
No abstract provided.
The Perils Of The Spellchecker / A Day On Jury Duty, Camille Broussard
The Perils Of The Spellchecker / A Day On Jury Duty, Camille Broussard
Other Publications
No abstract provided.
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
Other Publications
No abstract provided.
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
2 Anti-Gay 1st Amendment Losses, Arthur S. Leonard
Other Publications
No abstract provided.
The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi
The Modern-Day Poll Tax: How Economic Sanctions Block Access To The Polls, Erika L. Wood, Neema Trivedi
Articles & Chapters
No abstract provided.
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews
Articles & Chapters
This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Democracy Stops At My Front Door: Obstacles To Gender Equality In South Africa, Penelope Andrews
Articles & Chapters
In South Africa, post-apartheid legislation promulgated in pursuit of the constitutional commitment to equality demonstrates that the government, at least at the formal level, is committed to a comprehensive democratic framework that promotes such equality. Statutes such as the Promotion of Equality and the Prevention of Unfair Discrimination Act, the Prevention of Domestic Violence Act, and the Black Empowerment Act amongst others, attest to the commitment of such a vision. In addition, statutes such as the Recognition of Customary Marriages Act, that purport to protect women in polygamous African customary unions, suggest that the South African Parliament is deeply committed …