Law Commons^™

Playing With The Pieces: Postmodernism In The Lawyer's Toolbox, Stephen M. Feldman

Stephen M. Feldman

The distinction between modernism and postmodernism in legal scholarship is highly complex. This Essay does not explore this problem in depth but builds on the recognition that most modernist scholars expressly articulate and defend normative values and goals, while postmodern scholars rarely do so. Postmodernists are themselves enmeshed within the structures of scholarly and lawyerly discourse. As such, they must construct narratives and arguments that use the available rhetorical tools of discourse--namely, they must use modernist and postmodernist concepts to present their views. But whereas modernist scholars use similar tools with earnestness, postmodernist scholars use these tools with irony. Postmodernists …

Sharing A Piece Of The Future Post-Divorce: Toward A More Equitable Distribution Of Professional Goodwill, Alicia B. Kelly

Alicia B. Kelly

Nationwide, the law of marriage and divorce is engulfed in a storm of controversy over how to redress the widely lamented injustices which often follow divorce and how to achieve better economic parity between ex-spouses. In this Article, Professor Alicia Kelly examines how the treatment of goodwill in a professional practice reflects and influences this ongoing debate. The Article emphasizes that many courts have subtly transformed the classic concept of goodwill - which is an asset of the business - to include the unconventional concept of personal goodwill - an asset of an individual. Professor Kelly explains that judicial acceptance …

The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme B. Dinwoodie

Graeme B. Dinwoodie

In recent years, U.S. courts have recognized that a wide (and potentially limitless) range of subject matter may act as a trademark. These developments arguably comport both with a contemporary (global) consumer who is less reliant on linguistic forms of communication and with postmodern scholarship regarding the varied sources and development of meaning. This article addresses how trademark law should adapt to the reality that consumers identify and distinguish products using a range of symbols other than the traditional forms of words and pictorial images. I contend that, in order to regulate effectively the present-day marketplace, trademark law must recognize …

Information Superhighway Robbery: The Tortious Misuse Of Links, Frames, Metatags, And Domain Names, Robert Tucker

Robert Tucker

No abstract provided.

A Tribute To The Honorable Henry A. Politz, Chief Judge, United States Courts Of Appeals For The Fifth Circuit, Dathan Voelter, Victoria S. Salzmann

Victoria S. Salzmann

No abstract provided.

State Of Texas V. United States: Voting Rights And Texas’S Educational Standards, Victoria S. Salzmann

Victoria S. Salzmann

No abstract provided.

The Origins Of Property And The Powers Of Government, Richard Adelstein

Richard Adelstein

The alternating influence of Locke and Bentham in American constitutional law.

The Supreme Court Of The United States Has Been Called Upon To Determine The Legality Of The Juvenile Death Penalty In Michael Domingues V. State Of Nevada, Connie De La Vega, Jennifer Fiore

Connie de la Vega

This article summarizes the arguments made against the juvenile death penalty in a U.S. Supreme Court amici curiae brief in Domingues v. State, 961 P.2d 1279 (Nev. 1998), cert. denied, 528 U.S. 963 (1999), and rebuts some of the State's propositions made in its response. It argues that United States' obligation to faithfully comply with its treaty obligations (particularly under the International Covenant on Civil and Political Rights), as well as the customary international law and jus cogens norm do not permit the execution of juveniles for crimes committed while below the age of eighteen.

Arthurs_2014_Majeq.Pdf, Cynthia A. Williams

Cynthia A. Williams

No abstract provided.

Book Review Of Cholewinksi, Ryszard, Migrant Workers In International Human Rights Law: Their Protection In Countries Of Employment, Connie De La Vega

Connie de la Vega

This article reviews Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment by Ryszard Cholewinski, a comprehensive look at the rights of migrant workers containing a thorough analysis of the various treaties applicable to migrant workers and a detailed description of the international laws and procedures covering migrants in Europe. The review observes that the lessons that can be gleaned from the book provide helpful tools for scrutinizing the progress of the Working Group on Migrants as well as providing suggestions for making the Working Group more effective. The review concludes that, despite the exclusion of …

Great Expectations? A Contract Law Analysis For Preclusive Corporate Lock-Ups, Paul L. Regan

Paul L Regan

No abstract provided.

The Shareholder Derivative Suit In Arkansas, Mary E. Matthews

Mary E Matthews

The Arkansas authorities governing derivative claims deviate from the authorities governing direct claims to a greater extent than is necessary. Three statutes govern shareholder derivative suits in Arkansas: the 1965 Arkansas Business Corporation Act (the 1965 ABCA); Arkansas Rule of Civil Procedure 23.1 (Rule 23.1); and the 1987 Arkansas Business Corporation Act (1987 ABCA). While the statutes occasionally conflict with Rule 23.1, the general goal is to prevent “strike suits.” Further, the Arkansas Supreme Court’s interpretation of the authorities suggests conflicts will be resolved in favor of the Rule. These statutes provide procedural restrictions for shareholder derivative suits. There are …

The Quixotic Search For A Judicially Enforceable Federalism, Geoff Moulton

Geoff Moulton

No abstract provided.

Growing Constitutions, Ruth Gordon

Ruth Gordon

No abstract provided.

Nondiscretionary Concealed Weapons Law: A Case Study Of Statistics, Standards Of Proof, And Public Policy, John Donohue, Ian Ayres

Ian Ayres

No abstract provided.

Framers' Intent And Military Power: Has Supreme Court Deference To The Military Gone Too Far?, Kalyani Robbins

Kalyani Robbins

One of the sources of the Court's inability to conduct proper constitutional analysis in military cases is its lack of access to complete and unbiased information upon which to base that analysis. In Part III, I will make an effort to suggest methods for addressing this problem alternative to simply letting the military use its special knowledge as a source of power over the Court. Part IV will demonstrate a modern example of where the problem of excessive deference can lead, and present the Court with a suggestion to use this as a context for change. Finally, the Article will …

The War Between Attorneys And Lay Conveyancers--Empirical Evidence Says 'Cease Fire', Joyce Palomar

Joyce Palomar

No abstract provided.

Giving Legal Life To The Ex Corde Ecclesiae Norms: Corporate Strategies And Practical Difficulties, Nicholas P. Cafardi

Nicholas P. Cafardi

No abstract provided.

Beyond Compensation: Dealing With Accidents In The 21st Century, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

Report And Recommendations Made By The Panel Of Commissioners Concerning The Third Installment (The Transportation Installment) Of "E2" Claims (Bernard Audit - Chair, Jose Maria Abascal, David D. Caron), United Nations Compensation Commission For Claims Arising Out Of The 1990 Gulf War, U.N. Doc. S/Ac.26/1999/22 (9 December 1999), David D. Caron

David D. Caron

No abstract provided.

Pimps And Predators On The Internet, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

Ethiopian Constitutional Law: The Structure Of The Ethiopian Government And The New Constitution’S Ability To Overcome Ethiopia’S Problems, Ty Twibell

Ty Twibell

The Uniform Commercial Code Survey: Introduction, Kathleen Patchel, Robyn L. Meadows, Carl S. Bjerre

Robyn L Meadows

No abstract provided.

"Estudio De La Constitución Política De 1993" De Marcial Rubio Correa. Tomo Iii, David A. Ortiz Gaspar

Prof. David Aníbal Ortiz Gaspar.

No abstract provided.

Scared To Death: Capital Punishment As Authoritarian Terror Management, Donald P. Judges

Donald P. Judges

American capital punishment poorly serves its stated goal of deterrence, retribution, and incapacitation. It is outrageously expensive, morally troubling, and widely repudiated. Why and how, then, does it flourish here? Drawing on a social psychological theory known as “terror management,” I argue there that it is best understood as a largely non-conscious, symbolic defense against the incipient terror provoked by awareness of death. According to terror management theory, when reminded of their own mortality, people deploy a mostly non-conscious defensive process that reduces anxiety by enhancing self-esteem through identification with and protection of cultural worldview. This defense manifests in hyperpunitiveness, …

Separating Equals: Educational Research And The Long Term Consequences Of Sex Segregation, Nancy Levit

Nancy Levit

The article imports into the legal literature for the first time the full range of single sex education research, from this country and others, and examines sociological research that has been omitted from the debate. Rarely do proponents consider what educational and social effects sex-exclusive schooling will have on boys. Rarer still is any consideration of the effect of educational segregation in a society that is already relentlessly segregated by sex. While the educational research regarding the efficacy of single sex schools is mixed at best, the sociological research is absolutely clear that separation on the basis of identity characteristics …

La Prueba Del Daño En La Responsabilidad Civil Por El Otorgamiento Abusivo Del Crédito, Martin Paolantonio, Salvador Bergel

Martin Paolantonio

Análisis de la dinámica probatoria del daño en los supuestos de otorgamiento abusivo del crédito

Three Divisions In One Circuit? A Critique Of The Recommendations From The Commission On Structural Alternatives For The Federal Courts Of Appeals, Jennifer E. Spreng

Jennifer E Spreng

No abstract provided.

The Advent Of International Chemical Regulation: The Chemical Weapons Convention Implementation Act, Barry Kellman

Barry Kellman

No abstract provided.

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, Peter Jaszi, Ann Shalleck, Marlana Valdez, Susan D. Carle

Susan D. Carle