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Articles 1 - 30 of 184
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
Habeas Corpus Reform In El Salvador, Mary Holper
Habeas Corpus Reform In El Salvador, Mary Holper
Law and Justice in the Americas Working Paper Series
In this paper I compare the habeas corpus systems of El Salvador, the United States and Argentina. My purpose is to develop a general understanding of the procedure for bringing the writ in each country and analyze the substantive law governing the rights of habeas corpus petitioners in each country. I evaluate the systems against the backdrop of each country’s political and legal history with respect to the writ of habeas corpus. The ultimate aim of this paper is to reform the habeas corpus law of El Salvador by analyzing the Salvadoran system as compared to the Argentine and U.S. …
Compensation And Revenge, Emily Sherwin
Compensation And Revenge, Emily Sherwin
Cornell Law Faculty Publications
No abstract provided.
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue
Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue
Boston College Law Review
In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (1) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are not interested …
The Opinion Volume 42 Issue 1 – November 20, 2003, The Opinion
The Opinion Volume 42 Issue 1 – November 20, 2003, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 20, 2003
Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles
Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles
Cornell Law Faculty Publications
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All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
ExpressO
Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play …
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson
Cornell Law Faculty Publications
Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his behavior. …
The Evolution Of Equality In American Law, Gerald Torres
The Evolution Of Equality In American Law, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt
Who Pays For Progress?: Accident Law In Florida, 1845-1886, James L. Hunt
Articles
No abstract provided.
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
Scholarly Works
As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …
Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent
Toward A Unifying Theory Of The Separation Of Powers, Bruce G. Peabody, John D. Nugent
American University Law Review
No abstract provided.
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
"On The Chastity Of Women All Property In The World Depends" : Injury From Sexual Slander In The Nineteenth Century, Lisa R. Pruitt
Indiana Law Journal
In this Article, Professor Pruitt discusses conceptions of the injury associated with defamation law, focusing in particular on sexual slander cases that were brought in the early nineteenth century, before statements that impugned a woman's chastity were deemed slander per se. During this time, women had to prove so-called "special damages" in order to state a cause of action. Courts showed some flexibility in what they recognized as constituting "special damages," even stretching to recognize pecuniary harm in damaged personal relationships. Nevertheless, courts refused to recognize injuries stemming from and related to emotional distress injuries, and they were often skeptical …
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
W & M Law School Came First. Why Care?, W. Taylor Reveley Iii
Faculty Publications
No abstract provided.
The Law Book In Colonial America: A History Of The Book In America: The Colonial Book In The Atlantic World, Alfred L. Brophy
The Law Book In Colonial America: A History Of The Book In America: The Colonial Book In The Atlantic World, Alfred L. Brophy
Buffalo Law Review
Book review of A History of the Book in America: The Colonial Book in the Atlantic World, David Hall & Hugh Amory, eds.
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster
UF Law Faculty Publications
This article is an effort to provide both the intellectual context of Thurman Arnold's work and, through his work, a better sense of where and how the study of law turned after realism. The article is in five parts. Part I describes Arnold's relationship with legal realism, looking at the earliest part of his academic career when, as a mainstream realist, he performed empirical studies of local and state court systems. Part II is Arnold's proposed field of "Political Dynamics," an interdisciplinary approach to the symbols of law, politics, and economics. Part III considers Arnold's authorial voice in Symbols and …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …
James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith
James Madison, John Witherspoon, And Oliver Cowdery: The First Amendment And The 134th Section Of The Doctrine And Covenants, Rodney K. Smith
BYU Law Review
No abstract provided.
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
ExpressO
The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
How The Uncharged Misconduct Rule Was Born, Thomas J. Reed
How The Uncharged Misconduct Rule Was Born, Thomas J. Reed
ExpressO
An examination of People v. Molineux a 1901 New York landmark case in evidence which gave rise to what is now Rule 404(b) of the Federal Rules of Evidence, the history and background of the common law uncharged misconduct rule, and a legal history of this fascinating criminal prosecution
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain
Cornell Law Faculty Publications
No abstract provided.
The Legal History Of The Twentieth Century, Daniel R. Coquillette
The Legal History Of The Twentieth Century, Daniel R. Coquillette
Boston College Law School Faculty Papers
No abstract provided.
Speech: The Bill Of Rights, Garrett Epps
Speech: The Bill Of Rights, Garrett Epps
All Faculty Scholarship
The Bill of Rights is a much more fortuitous addition to the Constitution than many people imagine. The tired delegates at Philadelphia were unable to make the final effort to frame a bill of rights, and their failure nearly caused the collapse of ratification. When the First Congress met, James Madison took responsibility for making the new government live up to the implied pledge made during ratification to provide a partial list, drawn from the historic rights on English subjects. Not all Madison's proposed amendments were adopted however. The work of adumbrating the full scope of liberty under the Constitution …
Class Schedule - Summer 2003, Office Of Registrar
Class Schedule - Summer 2003, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Factless Jurisprudence, Darren Lenard Hutchinson
Factless Jurisprudence, Darren Lenard Hutchinson
UF Law Faculty Publications
Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antagonism in which persons of color live. Particularly, courts often misinterpret lawful racial protest in the workplace as disruptive and appropriately regulated to the detriment …