Law Commons^™

The Relative Value Of American Law Reviews: Refinement And Implementation, Ronen Perry

Ronen Perry

This Article complements a recently published paper in which I discussed the theoretical and methodological aspects of law review rankings. The purpose of this Article is twofold: refinement of the theoretical framework, and implementation. It proposes, defends, and implements a complex ranking method for general-interest student-edited law reviews, based on a judicious weighting of normalized citation frequency and normalized impact factor. It then analyzes the distribution of journals’ scores, and the diminishing marginal difference between them. Finally, it examines the correlation between law schools’ positions in the U.S. News & World Report 2006 ranking and their flagship law reviews’ positions …

Tort Liability Of Recalcitrant Husbands, Yehiel S. Kaplan, Ronen Perry

Ronen Perry

A Jewish man and a Jewish woman, both residents of the State of Israel, are married in a Jewish religious ceremony. After their relationship encounters difficulties, the woman applies for a divorce in accordance with Jewish law (hereinafter: a Gett). A Rabbinical Court determines that the man has to grant his wife a Gett, but he disobeys the ruling. The Rabbinical Courts (Enforcement of Divorce Rulings) Act, 1995, enables the court to impose various sanctions on the recalcitrant husband but despite the sanctions, or as a result of the court's reluctance to impose them, the man remains recalcitrant. Under these …

As Alterações Das Hipóteses De Cabimento Dos Recursos Extraordinário E Especial Promovidas Pela Emenda Constitucional Nº 45, De 8 De Dezembro De 2004, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

The Search For Minimal Risk In International Pediatric Clinical Trials, Tracey E. Chan

Tracey E Chan

Difficult ethical and regulatory challenges are raised whenever children are enrolled in non-beneficial research. Their resolution takes on new significance in the light of transnational pharmaceutical development trials in developing countries. This paper examines what international guidelines exist and how they address the challenges posed by involving children in non-beneficial clinical trials, focussing on the concept of ‘minimal’ risk as a legal and ethical standard to protect children from exposure to unwarranted risks presented by such trials. It reviews several domestic approaches to the question of minimal risk before evaluating the adequacy of existing international guidelines to address the needs …

All In The Family: The Apocalyptic Legal Tradition As Crit Theory, Marc L. Roark

Marc L. Roark

In 1986, a new genre of American legal education emerged upon the American legal conscience. Regent University (then CBN University) opened the first expressly evangelical law school and initially only accepted committed evangelical believers into its program. Since Regent’s beginnings, at least three other law schools have opened with similarly expressed missions of recapturing the faith in the teaching of American law; the most recent is Jerry Falwell’s Liberty University. This essay draws attention to Regent and Liberty as evangelical manifestations of American jurisprudential philosophy. Though formed out of a perceived need to inject conservative values (often times confused as …

The Iron Cold Of The Marshall Trilogy, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This article examines the Marshall Trilogy of federal Indian law from numerous perspectives - legal pedagogy, legal history, federalism and constitutional law, law and literature, and law and economics.

Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher

Matthew L.M. Fletcher

A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …

The Idea Of The Law Review: Scholarship, Prestige, And Open Access, Michael J. Madison

Michael J. Madison

This Essay was written as part of a Symposium on open access publishing for legal scholarship, held at Lewis & Clark Law School. It makes the claim that “open access” publishing models will succeed, or not, to the extent that they account for the existing “economy of prestige” that drives law reviews and legal scholarship. What may seem like a lot of uncharitable commentary is intended instead as an expression of guarded optimism: Imaginative reuse of some existing tools of scholarly publishing (even by some marginalized members of the prestige economy – or perhaps especially by them) may facilitate the …

The Economics Of Open Access Law Publishing, Jessica Litman

Jessica Litman

The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. The role of copyright in the dissemination of scholarly research is in many ways curious, since neither authors nor the entities who compensate them for their authorship are motivated by the incentives supplied by the copyright system. Rather, copyright is a bribe to entice professional publishers and printers to reproduce and distribute scholarly works. As technology has spawned new methods of restricting access to works, and copyright law has enhanced copyright owners’ rights to …

Justicia Civil: Diagnóstico, Evidencia Empírica Y Lineamientos Para Una Reforma, José Francisco García, Francisco Javier Leturia Infante

José Francisco García

No abstract provided.

Sex And Capital: What They Tell Us About Ourselves, Claire Moore Dickerson

Claire Moore Dickerson

From a Symposium on People of Color, Women, and the Public Corporation: Different perceptions of public corporations and of business enterprises in the US and Ghana underscore differences in those institutions, as well as issues of gender and class.

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.

El Problema De Las Fuentes Del Derecho: Una Perspectiva Desde La Argumentación Jurídica, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

This article argues that there is a very vast complexity in the theory of sources of law. According to the traditional doctrine the sources are ordered in a coherent and precise manner and the interpreter has only to apply a clear hierarchy. However, looking at the way some judges in Colombia have applied their sources, it seems that the traditional way of looking to this problem is not an accurate description of what is happening in practice. Therefore, an alternative way of understanding the practice of our judges is proposed, in order to build a description that shows us in …

Judicial Incorporation Of Trade Usages: A Functional Solution To The Opportunism Problem, Juliet P. Kostritsky

Juliet P Kostritsky

This Article argues that the strategy of rejecting trade usages unless they are part of the express contract is too rigid. The rejection is premised on an overly narrow cost/benefit analysis that fails to account for the functional role that such usages may play in curbing opportunistic behavior and thereby increasing gains from trade and overall welfare. Plain meaning and incorporation must each be evaluated to see how each one can achieve the parties’ presumed instrumental goals of curbing opportunism—the “hold-up” game. Decision makers should also consider the particular reasons why parties failed to include the trade usages n their …

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …

Law And Obesity, Miguel A. Recuerda

Miguel A. Recuerda

No abstract provided.

The Confusions And Uncertainties Thwarting Family Courts In Bangladesh, Dr. Zahidul Islam Biswas

Dr. Zahidul Islam

The purpose of establishment of Family Courts in Bangladesh was to ensure a quick, effective and amicable disposal of some of the family matters, which the traditional civil courts had failed to successfully deal with. Unfortunately, the noble aim of introducing Family Courts has not been expectantly achieved though already more than two decades have passed after the courts’ coming into operation. There are many and diverse type of reasons behind such letdown. Given the socio-economic grounds, the procedural as well as substantive loopholes in the ordinance and related laws are not negligible. Besides, there are some misconceptions. This article …

Using An Attorney Mastery Scale, Lisa A. Tucker

Lisa T. McElroy

No abstract provided.

La Violazione Delle Regole Di Condotta Dell'intermediario Finanziario Fra Responsabilità Precontrattuale E Contrattuale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Constitutional Thematics And The Peculiar Federal Marriage Amendment, Scott Dodson

Scott Dodson

In these remarks, I argue that the Federal Marriage Amendment would disrupt constitutional themes to the detriment of constitutional interpretation and social constitutionalism.

Sexual Orientation And The Law: A Research Bibliography Selectively Annotating Legal Literature Through 2005, James M. Donovan

James M. Donovan

SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law …

The Possibility Of Technical Definition In Later Wittgenstein, James M. Donovan

James M. Donovan

Wittgenstein’s philosophy remains influential. If its tenets impose constraints on either the possibility of scientific definition at all, or upon the kinds that will be valid, then those limits should be recognized and to the extent possible, observed. Locating the locus of meaning in ordinary use does appear to preclude certain types of definitional strategies. Stipulative definitions of terms that have ordinary currency but which are idiosyncratic and not grounded in that common usage would appear to be most troublesome. It is not that one could not attempt such definitions (quite the contrary, they are offered at every turn), but …

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Tracy A. Thomas

In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …

Howe V. Mgh And Hudson V. Texas Children's Hospital: Two Approaches To Resolving Family-Physician Disputes In End-Of-Life Care, Michael Moreland

Michael P. Moreland

No abstract provided.

Transforming Into An International Lawyer, Susan Franck

Susan D. Franck

No abstract provided.

Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry

Sujit Choudhry

No abstract provided.

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert D. Cooter

Robert Cooter

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference …

Constitutional Realism About Constitutional Protection: Indigenous Rights Under A Judicialized And A Politicized Constitution, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Aspectos Econômicos E Jurídicos Sobre Cartéis Na Revenda De Combustíveis: Uma Agenda Para Investigações, Carlos Emmanuel Joppert Ragazzo, Rutelly Marques Da Silva

carlos ragazzo

No abstract provided.

Sharing And Anti-Sharing In Teams, Robert D. Cooter, Roland Kirstein

Robert Cooter

Compared to budget-balanced Sharing contracts, Anti-Sharing may improve the efficiency of teams. The Anti-Sharer collects a fixed payment from all team members; he receives the actual output and pays out its value to them. If a team members becomes Anti-Sharer, he will be unproductive in equilibrium. Hence, internal Anti-Sharing fails to yield the first-best outcome. Anti-Sharing is more likely to yield a higher team profit than Sharing, the larger the team, the curvature of the production function, or the marginal effort cost. Sharing is more likely to be better, the greater the marginal product, the cross-partials of the production function, …