Law Commons^™

Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Legacy Of Loving, Joanna L. Grossman, John Dewitt Gregory

Hofstra Law Faculty Scholarship

The Supreme Court sounded the death knell for anti-miscegenation laws in Loving v. Virginia in 1967. This essay, published in honor of Loving's fortieth anniversary, considers the personal, cultural, and legal legacy of the decision, which brought an abrupt end to the practice of outlawing interracial marriage. But since those laws were already on the way out at the time Loving was decided, its legacy must be constructed by looking more broadly at its impact on American law and society. That exploration reveals first a powerful personal legacy for Mildred and Richard Loving, who were permitted to return to Virginia …

Justice And Reconciliation On Trial: Gacaca Proceedings In Rwanda, Linda Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Ten Questions: Responses Of John Cary Sims, John Cary Sims

McGeorge School of Law Scholarly Articles

No abstract provided.

The Indirect Mission Of The Church To Politics, Avery Cardinal Dulles

Villanova Law Review (1956 - )

No abstract provided.

The Decreasing Ontological Density Of The State In Catholic Social Doctrine, Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.

Reconciling Evangelization And Dialogue Through Love Of Neighbor, Amelia J. Uelmen

Villanova Law Review (1956 - )

No abstract provided.

Why The Supreme Court Lied In Plessy, David S. Bogen

Villanova Law Review (1956 - )

No abstract provided.

The Doubtful Validity Of Victim-Specific Libel Laws, Nat Stern

Villanova Law Review (1956 - )

No abstract provided.

The Irrelevance, And Central Relevance, Of The Boundary Between Science And Non-Science In The Evaluation Of Expert Witness Reliability, D. Michael Risinger

Villanova Law Review (1956 - )

No abstract provided.

Motives For Idealizing The Pragmatic, Lewis H. Larue

Villanova Law Review (1956 - )

No abstract provided.

Legal Ethics And Scientific Testimony: In Defense Of Manufacturing Uncertainty, Deconstructing Expertise And Other Trial Strategies, David S. Caudill

Villanova Law Review (1956 - )

No abstract provided.

Bachelor Parties Beware: The Third Circuit Grapples With Alcohol, Strip Clubs And The Constitutionality Of Morality Legislation, Gregory S. Voshell

Villanova Law Review (1956 - )

No abstract provided.

Who Knew - The Admissibility Of Subsequent Remedial Measures When Defendants Are Without Knowledge Of The Injuries, Ryan Vacca, Mark G. Boyko

Faculty Publications

Federal Rule of Evidence 407 and equivalent state court rules prohibit the introduction of subsequent remedial measures for the purpose of demonstrating negligence, culpable conduct, or product defect. The rule breaks down, however, in application and purpose, when a defendant undertakes a new safety measure after the plaintiff's injury but before the defendant had knowledge of the loss. Such a situation is not uncommon. Would-be defendants frequently improve their products and product safety, whether in response to injuries incurred by other users, business pressures, or simply advances in the state of the art and scientific knowledge. Toxic exposure cases, where …

Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson

All Faculty Scholarship

The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: "Societies that trade liberty for security end often with neither." Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism - including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government's actions in fighting terrorism. The thesis throughout …

Principles For Policymaking About Collaborative Law And Other Adr Processes, John M. Lande

Faculty Publications

This Article articulates a set of principles for policymaking about alternative dispute resolution (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decision making. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as …

Corporate Responsibility: The Case Of Big Tobacco, Aaron Barlow

Publications and Research

Barlow recounts his experience on a jury on a major case relating to the tobacco industry.

An Introduction To The My Lai Courts-Martial, Douglas O. Linder

Faculty Works

Two tragedies took place in 1968 in Viet Nam. One was the massacre by United States soldiers of as many as 500 unarmed civilians - old men, women, children - in My Lai on the morning of March 16. The other was the cover-up of that massacre. On March 14, a small squad from C Company ran into a booby trap, killing a popular sergeant, blinding one GI and wounding several others. The following evening, when a funeral service was held for the killed sergeant, soldiers had revenge on their mind. After the service, Captain Medina rose to give the …

The African-American Church, Political Activity, And Tax Exemption, Vaughn E. James

Seton Hall Law Review

No abstract provided.

First, Do No Harm: Health Professionals And Guantanamo, Leonard S. Rubenstein

Seton Hall Law Review

No abstract provided.

Navigating The Bylaw Maze In Ncaa Major-Infractions Cases, Mike Rodgers, Rory Ryan

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 37, No. 3 2007

Seton Hall Law Review

No abstract provided.

Board Of Officers - Vol. 37, No. 4 2007

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 37, No. 4 2007

Seton Hall Law Review

No abstract provided.

The Mass Culture Of Property, Anthony Chase

Loyola of Los Angeles Law Review

No abstract provided.

A Lecture On Plessy V. Ferguson As Oedipus Rex, Yxta Murray

Loyola of Los Angeles Law Review

No abstract provided.

The Boston Massacre Trials: An Account, Douglas O. Linder

Faculty Works

Although it has been over two centuries since the moonlit March night in 1770 when British soldiers killed five Bostonians on King Street, people still debate responsibility for the Boston Massacre. Does the blame rest with the crowd of Bostonians who hurled insults, snowballs, oysters shells, and other objects at the soldiers, or does the blame rest with an overreacting military that violated laws of the colony that prohibited firing at civilians? Whatever side one takes in the debate, all can agree that the Boston Massacre stands as a significant landmark on the road to the American Revolution.

The Trial Of Lindy And Michael Chamberlain ('The Dingo Trial'), Douglas O. Linder

Faculty Works

On August 17, 1980, at a campsite near Australia's famous Ayer's Rock, a mother's cry came out of the dark: My God, my God, the dingo's got my baby! Soon the people of an entire continent would be choosing sides in a debate over whether the cry heard that night marked an astonishing and rare human fatality caused by Australia's wild dogs or was, rather, in the words of the man who would eventually prosecute her for murder, a calculated, fanciful lie. A jury of nine men and three women came to believe the latter story and convicted Lindy Chamberlain …

The Trials Of The Scottsboro Boys, Douglas O. Linder

Faculty Works

No crime in American history - let alone a crime that never occurred - produced as many trials, convictions, reversals, and retrials as did an alleged gang rape of two white girls by nine black teenagers on a Southern Railroad freight run on March 25, 1931. Over the course of the two decades that followed, the struggle for justice of the Scottsboro Boys, as the black teens were called, made celebrities out of anonymities, launched and ended careers, wasted lives, produced heroes, opened southern juries to blacks, exacerbated sectional strife, and divided America's political left.

Calling For Stories, Nancy Levit, Allen Rostron

Faculty Works

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …