Law Commons^™

The Case For Collaborative Tools: Long Distance Teamwork On A Shoestring Budget, Jessica De Perio Wittman, Lucie Olejnikova

Jessica de Perio Wittman

An article written on how to create podcasts using readily-available technology, and how to use these podcasts in legal education.

No Cherries Grow On Our Trees: A Brief By The Take Action Project, Janet Mosher

Janet Mosher

Democratic Transition, Judicial Accountability And Judicialisation Of Politics In Africa, Hakeem O. Yusuf

Hakeem O Yusuf

Purpose – This paper examines the growing incidence of judicialisation of politics in Nigeria’s democratisation experience against the backdrop of questionable judicial accountability. Design/methodology/approach – The article draws on legal and political theory as well as comparative law perspectives. Findings – The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition. Practical implications – Effective judicial mediation of political transition requires a transformed and accountable judiciary. Originality/value – The article calls attention …

Disparate Impact Under The Age Discrimination In Employment Act Of 1967, Michael Evan Gold

Michael Evan Gold

No abstract provided.

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Michael Evan Gold

No abstract provided.

Looking Off The Ball: Constitutional Law And American Politics, Mark A. Graber

Mark Graber

“Looking Off the Ball” details how and why constitutional law influences both judicial and public decision making. Treating justices as free to express their partisan commitments may seem to explain Bush v. Gore*, but not the judicial failure to intervene in the other numerous presidential elections in which the candidate favored by most members of the Supreme Court lost. Constitutional norms and standards generate legal agreements among persons who dispute the underlying merits of particular policies under constitutional attack. The norms and standards explain constitutional criticism, why only a small proportion of the political questions that occupy Americans are normally …

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Mark Graber

No abstract provided.

Sovereignty, Law And The State Of Exception: Analysing Agamben In The Indian Context, Aditya Swarup

Aditya Swarup

No abstract provided.

Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov

Julie Novkov

This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …

The Technology Of Law And Economics, John H. Moran

John H Moran

The article suggests that the field of Technology drives the fields of Economics and Law. It relies on Richard Posner's law and economics ideas, but also argues that technologists have increasing influence on the emerging world order, to the detriment of the existing government and banking based power structure.

Book Review: Michael J. Perry, Toward A Theory Of Human Rights: Religion, Law, Courts (2007), Mark C. Modak-Truran

Mark C Modak-Truran

This book review analyzes Michael J. Perry's most recent book Toward a Theory of Human Rights: Religion, Law, Courts. Perry's book brings together two previously separate aspects of his thoughtful and pioneering scholarship dealing with the proper relation of morality (especially religious morality) to law and human rights and the role of courts in protecting human rights. Perry's argument concentrates on three related issues: whether the morality of human rights has a religious or secular ground or both, the relation between the morality of human rights and the law of human rights, and the proper role of courts in protecting …

Introduction: Symposium On Religion, Religious Pluralism, And The Rule Of Law, Mark C. Modak-Truran

Mark C Modak-Truran

The articles and essays in this Symposium on Religion, Religious Pluralism, and the Rule of Law were presented for a Section on Law and Religion panel at the 2007 Annual Meeting of the Association of American Law Schools. The Symposium aims to move the debate about the relationship between law and religion beyond conflicts between secularists and religionists by focusing attention on presuppositions about religion, religious pluralism, and the rule of law. Focusing on these presuppositions helps get beyond the tendency of most legal scholars, judges, and lawyers to think through the law rather than about the law. The articles …

Beyond Theocracy And Secularism (Part I): Toward A New Paradigm For Law And Religion, Mark C. Modak-Truran

Mark C Modak-Truran

The continued vitality of religion has motivated many scholars in sociology, anthropology, political theory, international relations, and philosophy to revisit their assumptions about how religion relates to their disciplines. Despite this robust re-examination in other disciplines, two outmoded paradigms about the relationship between law and religion —theocracy (pre-modern) and secularism (modern)—continue to dominate legal theory. Under the modern paradigm, the secularization of law—that the law is or should be independent of any religious foundation or values—arguably constitutes the most widely-held but least-examined assumption in contemporary legal theory. My thesis is that two quandaries or crises for legal theory—legal indeterminacy and …

Changing Resources, Changing Market: The Impact Of A National Renewable Portfolio Standard On The U.S. Energy Industry, Joshua P. Fershee

Joshua P Fershee

The U.S. Congress recently passed a new energy bill that, until that last minute, included provisions that would have established a national renewable portfolio standard (RPS). The RPS would have required electric utilities to procure a certain percentage of their electricity from renewable resources or purchase renewable energy credits from other sources to meet the standard. The recent energy bill is just the latest of repeated, and thus far failed, efforts to impose a national RPS. As such, there has been much debate about the potential merits and hazards of a national RPS, and more is sure to follow. Rather …

When Eu Law Meets Arabic Law: Assessment Of Anti-Corruption Law In Morocco And Some Proposed Amendments, Bryane Michael, Abdelaziz Nouaydi

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anti-corruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.

Profiles And Correlatable Humans, Mireille Hildebrandt

Mireille Hildebrandt

In this chapter I discuss some of the crucial implications of profiling practices for identity, legal subjectivity, democracy and rule of law. To this end I will attempt to answer (or at least raise) the question if and how the information and/or knowledge generated by these technologies can be made justiciable. First I will explain what is meant by the term profiling practices (section 2). Second I will discuss the purposes and some of the effects of the type of knowledge these practices produce (section 3). Third I will indicate in what ways profiling technologies produce a new type of …

Ricin And The Assassination Of Georgi Markov, Marios Papaloukas, Christos Papaloucas, Apostolos Stergioulas

Marios Papaloukas

This article by Professors Marios Papaloukas, Christos Papaloukas, Apostolos Stergioulas investigates the causes of death of Georgi Markov, Georgi Markov, a well known Bulgarian novelist and playwright, dissident of the communist regime in his country, escaped to England where he dedicated himself in broadcasting from BBC World Service, the Radio Free Europe and the German Deutsche Welle against the communist party and especially against its leader Todor Zhivkov who in a party’s meeting told that he wanted Markov silenced for ever. On the 7th September 1978 Markov was executed with the deadly poison ricin injected to his thigh by a …

The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee

Randy Lee

The Catholic social scientist seeks to understand his world so he can know his God. He is called by love to the questions that he addresses, and the answers he finds to those questions draw him to a call of service, a call to make a life other than his own at least a little better. One of the pre-eminent Catholic social scientists of our time is the psychiatrist, medical doctor, and “hard” scientist, Dr. Robert Coles. This article seeks to consider five pieces of advice that Dr. Coles offers to those aspiring to be Catholic social scientists. First, work …

The Great Attributional Divide: How Legal Policy Debates Are Shaped By Divergent Views Of Human Nature, Adam Benforado, Jon Hanson

Adam Benforado

This article, the first of a multipart series, argues that a major rift runs across many of our major policy debates based on our attributional tendencies: the less accurate dispositionist approach, which explains outcomes and behavior with reference to people's dispositions (i.e., personalities, preferences, and the like), and the more accurate situationist approach, which bases attributions of causation and responsibility on unseen influences within us and around us. Given that situationism offers a truer picture of our world than the alternative, and given that attributional tendencies are largely the result of elements in our situations, identifying the relevant elements should …

Politizando La Inter-Relación Entre Derecho E Historia, Jorge Gonzalez-Jacome

Jorge Gonzalez-Jacome

Hablar de interdisciplinariedad nos arroja a preguntas sobre la propia disciplina jurídica lo cual puede llevarnos a cuestionamientos internos sobre cuáles son nuestras esencias disciplinares mostrando que, por regla general, la investigación en derecho se debe ocupar solamente de algunas cuestiones y no de otras que hacen parte de otras disciplinas. Ello podría llevar a que nos enfrascáramos en una discusión sobre nuestro objeto de estudio que si bien no considero acabada, sí creo que no puede ser pensada en abstracto o solamente desde las esencias de la disciplina. Parto de la idea de la imposibilidad de pensar los problemas …

Economics, Law And Institutions: The Shaping Of Chinese Competition Law, David J. Gerber

David J. Gerber

China has been considering enactment of an anti-monopoly (antitrust) law since 1993, and it has now enacted such a law. Given the potential importance of this legislation, there is much uncertainty about what the enactment means and what roles it is likely to play in influencing the development of the Chinese economy. This article applies a neo-institutionalist analysis in examining some of the factors that have influenced the shaping of the legislation and that are likely to influence the operation of competition law and its organizations. The main argument is that the central dynamic in both the creation of the …

The Future Of Article 82: Dissecting The Conflict, David J. Gerber

David J. Gerber

Two Forms Of Modernization In European Competition Law (Symposium), David J. Gerber

David J. Gerber

Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo

Markus Gunneflo

Going Private: Three Doctrines Gone Astray, Mary Siegel

Mary Siegel

Jog, Jogászat És Jogtudomány Hatása Weber Módszertani Nézeteire [The Impact Of Law, Lawyering, And Jurisprudence On Weber’S Methodological Views], Péter Cserne

Péter Cserne

Law and legal science have played a significant, but hitherto underestimated role in Weber's life, both professional and non-academic. Trained as a lawyer, he drew upon an existing vocabulary of legal scholarship and adapted from it, more or less implicitly a large number of conceptual and methodological tools for his sociological projects. The goal of this paper is to identify and evaluate these complex links between Weberian sociology and contemporary legal scholarship, with special emphasis on Jhering's and Jellinek's theories. (This paper is a significantly revised Hungarian version of my 2005 English language essay on Weber.)