Law Commons^™

Rethinking Rights In Biospace, Robin Feldman

Faculty Scholarship

No abstract provided.

The Inventor's Contribution, Robin Feldman

Faculty Scholarship

No abstract provided.

The Uncertain Future Of Water Rights In California: Reflections On The Governor's Commission Report, Brian E. Gray

Faculty Scholarship

No abstract provided.

Contemporary Politics Of Wilderness Preservation, John D. Leshy

Faculty Scholarship

No abstract provided.

A Conversation About Takings And Water Rights, John D. Leshy

Faculty Scholarship

No abstract provided.

Occasional Publications Of The Bounds Law Library, Number Five: Commonplace Books Of Law: A Selection Of Law-Related Notebooks, Paul M. Pruitt Jr., David I. Durham, Tony Allan Freyer, Timothy W. Dixon, Alexander Dorcas, George Josiah Sturges Walker, Thomas K. Jackson, James Thomas Kirk, Jerome T. Fuller, Hugo L. Black

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Five contains the transcriptions of five notebooks, one ledger, and one diary as well as critical introductions to each piece and an essay on notebooks in legal culture. Primary sources include: a seventeenth century notebook authored by multiple anonymous persons likely to have been students in the Inns of Courts, Alexander Dorcas' ledger used from 1785 to 1817, George Josiah Sturges Walker's 1826 Litchfield Law School notebook, Thomas K. Jackson's 1871 diary, James Thomas Kirk's notebook used from 1891 to 1916, Jerome T. Fuller's notebook used from 1925 to 1935, and …

May You Stay Forever Young: Robert Sadoff And The History Of Mental Disability Law, Michael L. Perlin

Articles & Chapters

The path of mental disability law over the past 35 years bears the stamp of the work of Dr. Robert L. Sadoff, one of the leading forensic psychiatrists in the nation. This article tracks the development of civil commitment law, right to treatment law, and right to refuse treatment law, and demonstrates the crucial roles that Dr. Sadoff has played in each of these.

Perspectives On Brown: The South African Experience, Penelope Andrews

Articles & Chapters

In this paper the author examines the lessons of Brown v. Board of Education for the South African struggle for racial equality, South Africa's constitutional transition, and the significance of Brown in pursuing the right to education in South Africa. The author concludes that although Brown was of tremendous symbolic value to South Africans, the South African constitutional framework, negotiated in the early 1990s, reflected global human rights developments more substantially than it did the American civil rights struggle. This is demonstrated by the mandate of the South African Constitution to consider international law and by the limited references to …

Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson

Articles & Chapters

No abstract provided.

Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman

Articles & Chapters

The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.

This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …

If I Implore You And Order You To Set Me Free, Robert Blecker

Articles & Chapters

When Odysseus ordered his men to put wax in their ears, bind him to the mast and keep rowing until they passed the Sirens, no matter what he might later command, and then, in the throes of passion, attempted to countermand his earlier command, there, then, Constitutionalism was born in the West. We are perpetually challenged at rational moments to keep future passions in check, so when the future becomes the present, we can survive it without regret.

This brief essay summarily employs the metaphor to account for constitutional rights, long and fixed senatorial terms, life-time judicial tenure, judicial review, …

Theory Saved My Life, Kris Franklin

Articles & Chapters

In part a tribute to the groundbreaking work of legal theorist Ruthann Robson, this article argues that theory and theorizing are under-examined yet basic skills which must be taught to all beginning law students. Positing that in order to be effective in law school and legal culture law students must learn to see, construct, deconstruct and use legal theories, the article articulates several common approaches to basic legal pedagogy and asks how they might be enhanced if pedagogy is embedded in a theoretical comprehension of thestudents' roles as interpreters of law. The article offers as examples artwork far removed from …

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.

Democratizing Capital: The History, Law, And Reform Of The Community Reinvestment Act, Richard D. Marsico

Articles & Chapters

The Community Reinvestment Act of 1977 (CRA) has made great progress in achieving its dual purposes: eliminating bank redlining and promoting reinvestment in previously redlined neighborhoods. In doing so, the CRA has helped to democratize capital by giving more people a voice in bank lending decisions and including more people in the economic mainstream by influencing banks to make loans to them to buy homes or open small businesses. Despite the CRA's success, the CRA has not reached its full potential. One of the main reasons for this is that the federal agencies that enforce the CRA are so fearful …

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …

Introduction: The State Of Play, Beth Simone Noveck

Articles & Chapters

No abstract provided.

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Future Of Citizen Participation In The Electronic State, Beth Simone Noveck

Articles & Chapters

Agencies, not Congress, are the primary lawmakers in the American federal legal system. By law, the public has a right to participate in the making of agency rules. With the passage of the E-Government Act, administrative agencies are now required to use information and communication technologies to promulgate their rulemakings and to afford the public the opportunity to participate via the Internet. As currently envisioned, however, the move from rulemaking to electronic rulemaking will not realize the opportunity to improve participation to the full extent. Instead, the design of the screens through which people will interact with government are likely …

The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski

Articles & Chapters

No abstract provided.

Panel Presentation Transcript: Symposium: Free Speech In Wartime, Nadine Strossen

Articles & Chapters

No abstract provided.

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot

cooperate. Trust, in turn, depends upon secure, reliable, and persistent

identity. Cyberspace is thought to challenge our ability to build trust

because the medium undermines the connection between online

pseudonym and offline identity. We have no assurances of who stands

behind an online avatar; it may be one person, it may be more, it may be a

computer. The legal debate to date has focused exclusively on the question

of how to maintain real world identity in cyberspace. But new "social

software" technology that enables communities from eBay to …

The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And Imperial Preference, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

Articles & Chapters

No abstract provided.

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann

Articles & Chapters

How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to uphold the Supreme …

And My Best Friend, My Doctor, Won't Even Say What It Is I'Ve Got: The Role And Significance Of Counsel In Right To Refuse Treatment Cases, Michael L. Perlin

Articles & Chapters

For the past three decades, scholars have carefully considered the scope of the right of involuntarily committed psychiatric patients to refuse the administration of medication from a rich array of perspectives, including, but not limited to, clinical perspectives, civil libertarian perspectives, philosophical perspectives, and political perspectives. Yet, virtually all of this - remarkably - passes over what I believe is the single most important issue in real life. This issue is the most relevant to the actual (as opposed to paper) existence of theright and the actual (as opposed to paper) implementation of that right: the availability and adequacy ofcounsel …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Articles & Chapters

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded orunprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the public …

Great Case For Clinical Courses, Brandt Goldstein

Articles & Chapters

No abstract provided.

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

Articles & Chapters

In an unexpected portion of its unanimous opinion in Frew v. Hawkins, 540 U.S. 431 (2004), the SupremeCourt broke new ground on an important question involving consent decrees. The case began when Texas state officials invoked the Eleventh Amendment in their resistance to a federal Medicaid consent decree. TheCourt quickly disposed of that argument, but Justice Anthony Kennedy, writing for the unanimous Court,took the opportunity to forcefully state that consent decrees that intrude on the policy making prerogatives of state and local officials more than is necessary to protect rights undercut the effective functioning of elected state and local governments. …

The Corporation As Insider Trader, William K.S. Wang, Mark J. Loewenstein

Faculty Scholarship

No abstract provided.