Law Commons^™

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Office of Thrift Supervision
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Resolution Trust Corporation
• Federal Housing Finance Board
• Federal Home Loan Bank System
• State Regulatory Framework
• Additional Research Sources
• Appendices

A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Stephen Coughlan

Articles, Book Chapters, & Popular Press

In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …

Researching Georgia Law, Nancy P. Johnson, Nancy J. Adams, Elizabeth G. Adelman

Journal Articles

No abstract provided.

Truth Or Consequences In Legal Scholarship?, David R. Barnhizer

Law Faculty Articles and Essays

There has been an erosion of the ideal of truth as a guiding force for what we do. This includes a dishonoring of the tradition of the truth-seeking function of scholars. For the university-based intellectual, including legal scholars, the problem with commitments to ends other than truth-seeking is that once we accept a mission distinct from the pursuit of truth and honest discourse, most of the remaining options are suspect - including falseness, hypocrisy, self-deception, subordination of self to a collective, profit, dogmatism, devotion to tradition, and propaganda.

Although what we intend by the idea of truth - legal, scientific, …

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

A list of books received by the Journal.

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

A list of books received by the Journal.

Online Bibliographic Services, Georgia Briscoe

Publications

No abstract provided.

Judicial Triage: Reflections On The Debate Over Unpublished Opinions, Mitu Gulati, David C. Vladeck

Faculty Scholarship

No abstract provided.

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

Articles & Chapters

Like most kinds of writing, academic writing rarely shines, but far more often than ordinary writing scholarly prose is murky and impenetrable. This brief jeu d'esprit considers several forms of bad writing, rejecting the claim, increasingly made in academic quarters, that "difficult writing" is necessary to the scholarly enterprise. Bloated, foggy, and enigmatic prose masquerades as profundity that escapes conventional mental grooves. In fact it is useless, unethical, and taken far enough, evil.

Introduction: A Good Idea, Mark L. Movsesian

Faculty Publications

With this volume, the editors of the Hofstra Law Review introduce a new section: "Ideas." "Ideas" will serve as the vehicle for short pieces—from three to ten pages in length and having a minimal number of footnotes—on topics of interest to scholars and practitioners. There will be no subject-matter restrictions and no requirement that the pieces relate to one another. "Ideas" will not be a symposium, but a collection of brief observations on important legal questions. The editors hope to attract submissions from the academy and from prominent members of the bench and bar as well.

The inauguration of this …

Academics And The Federal Circuit: Is There A Gulf And How Do We Bridge It?, John R. Thomas

Georgetown Law Faculty Publications and Other Works

Many of the great research universities of the United States enjoy a close relationship with innovators. Names like Carnegie, Cornell, Hopkins, Stanford, and Vanderbilt bring to mind not so much these men, but the academic institutions that they founded. The mention of other research institutions, such as the Universities of Chicago and Virginia, allows us to recall entrepreneurial founders such as Rockefeller and Jefferson. It is appropriate then, to consider how university research - and in particular, the work product of the law schools - is faring before that court whose rulings most directly impact American innovation policy.

Foreword, Theodore J. St. Antoine

Other Publications

Specialists in any field have a vested interest in their mastery of the subject. Expertise, after all, is their stock in trade. Assaults on the conventional wisdom can be unnerving if not discrediting. In the pages that follow, such an experience awaits all conscientious readers with a labor background who dare to expose themselves to Professor Charles Morris's provocative, iconoclastic, and ultimately persuasive arguments. He insists that a half-century of American labor law thinking has gone astray in failing to recognize the duty of an employer to bargain with a labor union representing less than a majority of the firm's …

The Five Stages Of Law Review Submission, Brannon P. Denning, Miriam A. Cherry

All Faculty Scholarship

"The Five Stages of Law Review Submissions," is a humorous look at the law review submissions process from the author's perspective. My colleague Miriam Cherry and I suggest that the process of submitting to law reviews tracks Elisabeth Kubler-Ross's "five stages of grief."

Why Print And Electronic Resources Are Essential To The Academic Law Library, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries have supported multiple formats for decades, from paper and microforms to audiovisual tapes and CDs. However, the newest medium, digital transmission, has presented a wider scope of challenges and caused library patrons to question the established and recognized multiformat library. Within the many questions posed, two distinct ones echo repeatedly. The first doubts the need to sustain print in an increasingly digital world, and the second warns of the dangers of relying on a still-developing technology. This article examines both of these positions and concludes that abandoning either format would translate into a failure of service to patrons, both …

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Law Library Faculty Scholarship

Published as a chapter in Prestatehood legal materials: a fifty-state research guide, including New York City and the District of Columbia, edited by Michael G. Chiorazzi and Marguerite Most.

Process Reengineering And Legal Education: An Essay On Daring To Think Differently, Karen Gross

NYLS Law Review

No abstract provided.

The Rise And Fall Of American Legal Education, Richard A. Matasar

NYLS Law Review

No abstract provided.

Bad Writing: Some Thoughts On The Abuse Of Scholarly Rhetoric, Jethro K. Lieberman

NYLS Law Review

No abstract provided.

Kruse V. Wells Fargo Home Mortgage, Inc. (Decided September 10, 2004), Jennifer Katehos

NYLS Law Review

No abstract provided.

The Supreme Court, Democracy And Institutional Reform Litigation, Ross Sandler, David Schoenbrod

NYLS Law Review

No abstract provided.

In Re Adelphia Communications Corp. (Decided Dec. 5, 2003), Phillip Mahoney

NYLS Law Review

No abstract provided.

In The Mountain/Green Eggheads And Old Hams, Thomas L. Shaffer

Journal Articles

This article presents In the Mountain and Green Eggheads and Old Hams. Green Eggheads and Old Hams is an academic variation on a theme of Professor Seuss.

Book Reviews, Thomas Mills, Elisa Mason, Gail A. Partin, Maryiln J. Raisch, Mary Rumsey, Teresa Stanton, Daniel C. Turack

Faculty Scholarly Works

No abstract provided.

North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee

Book Chapters

No abstract provided.

The Empire Strikes Back: Nfl Cuts Clarett, Sacks Scheindlin, Adam Epstein

Adam Epstein

The article explores and the litigation history involving former Ohio State University running back Maurice Clarett and his challenge the the NFL draft-eligibility rule. Though Clarett was successful at the U.S. District Court level, the Second Circuit Court of Appeals ruled differently, thereby preventing Clarett from being eligible for the 2004 NFL draft. Though he was drafted the next year (2005), an exploration of the differences between the trial court (Hon. Schendlin) and the appellate court (J. Sotomayor) opinions is quite interesting and relevant in the context of both antitrust and labor law, particularly the mandatory subjects of a collective …

Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …

Book Review: Sports Law And Regulation: Cases, Materials, And Problems, Adam Epstein

Adam Epstein

Review of the 2005 textbook authored by Matthew J. Mitten, Timothy Davis, Rodney K. Smith & Robert C. Berry. The four authors of this text all have credible status in the field of sports law as professors at the law school level, and the reader is reminded of their expertise throughout the book in numerous footnotes, notes and in other references. They present 12 chapters of a sport law smorgasbord in an interesting arrangement. The authors note that the book should be given multidisciplinary consideration among law students and upper-division undergraduate and graduate students. However, the authors provide that the …

Whistle-Blowing And The Continued Expansion Of Title Ix In Jackson V. Birmingham Board Of Education, Adam Epstein

Adam Epstein

A study of the history and importance of the 2005 Supreme Court decision that expanded Title IX to include a private right of action for individuals who reveal Title IX violations even though they themselves were not subject to sex discrimination. The case involved Roderick Jackson a high school coach from the Birmingham, Alabama area.

California Amusement Rides And Liability, Adam Epstein

Adam Epstein

Discussion of the majority and minority California Supreme Court decision involving the unfortunate 2000 incident at Disneyland which resulted in the death of a woman on her honeymoon.

Title Ix Whistle-Blowing Is Protected, Adam Epstein

Adam Epstein

Discussion of the valiant efforts of high school basketball coach Roderick Jackson (Birmingham, Alabama) and his complaint over inferior facilities for his girls basketball team. His claim went all the way to the United States Supreme Court.