Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abortion (1)
- Academia (1)
- Access (1)
- Collectivity (1)
- Confucian Constitutional Order; Jiang Qing; Chinese politics; Chinese government; China (1)
-
- Critical legal studies (1)
- Elected officials; government officials; fiduciaries; government power (1)
- Establishment Clause (1)
- Fair use (1)
- Housing crisis; formalism; mortgage; bankruptcy (1)
- Individual liberty (1)
- James Fleming (1)
- Legal reform; China; Xi Jinping; government reform; Chinese legal system (1)
- Linda McClain (1)
- Post-modernism (1)
- Privacy (1)
- Public domain (1)
- State power (1)
- State regulation (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson
New Formalism In The Aftermath Of The Housing Crisis, Nestor M. Davidson
Faculty Scholarship
The housing crisis has left in its wake an ongoing legal crisis. After housing markets began to collapse across the country in 2007, foreclosures and housing-related bankruptcies surged significantly and have barely begun to abate more than six years later. As the legal system has confronted this aftermath, courts have increasingly accepted claims by borrowers that lenders and other entities involved in securitizing mortgages failed to follow requirements related to perfecting and transferring their security interests. These cases – which focus variously on issues such as standing, real party in interest, chains of assignment, the negotiability of mortgage notes, and …
Review Of "Confucian Constitutional Order: How China’S Ancient Past Can Shape Its Political Future" By Jiang Qing, Carl F. Minzner
Review Of "Confucian Constitutional Order: How China’S Ancient Past Can Shape Its Political Future" By Jiang Qing, Carl F. Minzner
Faculty Scholarship
No abstract provided.
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Faculty Scholarship
The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …
State Speech And Political Liberalism, Abner S. Greene
State Speech And Political Liberalism, Abner S. Greene
Faculty Scholarship
Jim Fleming and Linda McClain have written an impressive book on the responsible exercise of rights, which flows from prior writing by each.Their title, "Ordered Liberty," is a bit of a misnomer, however. When one thinks of that phrase, one thinks of the ways in which we balance liberty against order, i.e., against security, police power, controlling the excesses of liberty. Responsibility in the exercise of rights is an aspect of how rights are orderly, but the major hard cases involving rights are hard because significant claims of harm are in play. Think of much of constitutional criminal procedure, free …
Translating Fiduciary Principles Into Public Law, Ethan J. Leib, David L. Ponet, Michael Serota
Translating Fiduciary Principles Into Public Law, Ethan J. Leib, David L. Ponet, Michael Serota
Faculty Scholarship
Because public office is a public trust, fiduciary architecture can help orient us in figuring out how political power should be exercised legitimately. Part of the appeal of conceiving the political relationship between representative and represented in fiduciary terms is that it regards politics in more realistic and textured ways — as a constellation of power relationships in a web of trust and vulnerability — rather than as a mere social contract no one ever signed. Thinking of legislators as public fiduciaries tells us much about the nature of the relationship between the governed and their governors and it can …
What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner
What Direction For Legal Reform Under Xi Jinping?, Carl F. Minzner
Faculty Scholarship
In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The Fourth Plenum Decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This essay attempts to do three things: (1) analyze how and why …