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Articles 1 - 30 of 40
Full-Text Articles in Law
An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles
An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles
Articles
No abstract provided.
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes
Articles
No abstract provided.
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson
Articles
No abstract provided.
Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky
Against A Federal Patients' Bill Of Rights, Edward A. Zelinsky
Articles
The failure of the 107th Congress to pass a "Patients' Bill of Rights" (PBR) is widely considered a major disappointment, to be remedied in the 108th Congress by the adoption of such legislation. Indeed, federal PBR proposals have achieved the proverbial motherhood-and-apple-pie status; it is virtually impossible to find anyone actively opposing a federal PBR. Many members of the 108th Congress likely feel pressure to pass PBR legislation before returning to the electorate in 2004.
I advance a contrary perspective: A federal PBR is an idea whose time is past or, to be precise, is an idea whose rationales are …
The Internet And The Persistence Of Law, Justin Hughes
The Internet And The Persistence Of Law, Justin Hughes
Articles
Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …
Fair Use Across Time, Justin Hughes
Fair Use Across Time, Justin Hughes
Articles
This Article proposes that, as a copyright work ages, the scope of fair use, especially as to derivative works and uses, should expand. This is because the "market" for a copyrighted work has a temporal dimension; the copyrighted work has a market of a fixed number of years. In considering the fourth element of § 107 fair use, courts have discussed two kinds of situations in which the market for a plaintiff's work can be adversely affected: (1) situations where a particular defendant's action adversely affected the plaintiffs market, and (2) situations where the defendant's action, if it became "widespread," …
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Articles
No abstract provided.
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Articles
No abstract provided.
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Articles
Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Introduction: What Does It Mean To Say That A Remedy Punishes?, Anthony J. Sebok
Articles
No abstract provided.
A Theory Of Presumptions, Charles M. Yablon
A Theory Of Presumptions, Charles M. Yablon
Articles
This paper deals with presumptions that shift the burden of persuasion on some issue in a civil case and attempts to explain why lawyers and judges treat these rules as having great importance. If the persuasion burden applied is 'more probable than not', such rules should affect outcomes only in those rare cases when the evidence is in equipoise. Yet in practice, these rules form an important and vigorously contested part of doctrinal law. The paper attempts to account for the prominence of these rules by considering them from the perspective of behavioral theory, particularly studies of anchoring and adjustment …
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
A Missing Piece To The Dividend Puzzle: Agency Costs Of Mutual Funds, Mitchell L. Engler
Articles
No abstract provided.
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Articles
The United States protects much hate speech that is banned in other Western constitutional democracies and under international human rights covenants and conventions. In the United States, only hate speech that leads to "incitement to violence" can be constitutionally restricted, while under the alternative approach found elsewhere, bans properly extend to hate speech leading to "incitement to hatred." The article undertakes a comparative analysis in light of changes brought by new technologies, such as the internet, which allow for worldwide spread of protected hate speech originating in the United States. After evaluating the respective doctrines, arguments and values involved, the …
Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone
Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone
Articles
No abstract provided.
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Articles
No abstract provided.
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk
Articles
No abstract provided.
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Articles
In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.
Was Spinoza A Jewish Philosopher, J. David Bleich
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Articles
Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …
The Traumatic Dimension In Law, David G. Carlson
The Traumatic Dimension In Law, David G. Carlson
Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Articles
No abstract provided.
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
Articles
No abstract provided.
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Articles
No abstract provided.
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Articles
No abstract provided.
Distrust Quotations In Latin, Peter Goodrich
Rulemaking, Michael Herz
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
Articles
Both law and science are truth-seeking endeavors. In at least one respect, lawyers and scientists are like Agent Mulder on the X-Files: we believe that the truth is out there and our goal is to find it. This article is devoted to exploring and improving the means by which law relies on scientific disciplines, particularly epidemiology, to ascertain the truth.
Retrenchment On Entrenchment, Stewart E. Sterk
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Articles
No abstract provided.