Law Commons^™

The Fundamental And Natural Law 'Repugnant Review' Origins Of Judicial Review: A Synergy Of Early English Corporate Law With Notions Of Fundamental And Natural Law, Lawrence Joseph Perrone

Brigham Young University Journal of Public Law

No abstract provided.

The Search For Moral Neutrality In Same-Sex Marriage Decisions, Adam J. Macleod

Brigham Young University Journal of Public Law

No abstract provided.

Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta

Brigham Young University Journal of Public Law

No abstract provided.

A Personal Jurisdiction Dilemma: Collateral Attacks On Foreign Judgments In U.S. Recognition Proceedings, J. Chad Mitchell

Brigham Young University International Law & Management Review

No abstract provided.

Conference Agenda, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The agenda for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.

Panelist Biographies, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

The biographies of panelists of the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.

Low-Wage Workers, Jennifer E. Swanberg Phd

Conferences, Panels, and Events

A presentation: Workplace Structure and its Impact on Hourly Workers and their Families by Jennifer E. Swanberg, PhD, University of Kentucky on behalf of Workplace Flexibility 2010.

Teaching Skills In Chinese Law Schools, Brian K. Landsberg

McGeorge School of Law Other Faculty Works

No abstract provided.

Forceful Minimization, Hein V. Freedom From Religion Foundation, Inc., And The Prudence Of "Not Doing", Brendan R. Mcnamara

Washington Law Review

Proponents of judicial minimalism argue that courts should issue narrow rulings that address only the issues necessary to resolve the case at hand and should avoid needlessly broad rulings that could result in unforeseen consequences. The recent Supreme Court decision in Hein v. Freedom From Religion Foundation, Inc. provides a compelling case study of judicial minimalism. Resisting opposing calls for broader rulings from both the concurring and dissenting justices, a plurality of the Court followed a minimalist approach to resolve a difficult question of taxpayer standing. Generally, federal taxpayers do not have standing to challenge government expenditures of tax funds …

Forswearing Allegiance, Gerhard Casper

Fulton Lectures

No abstract provided.

The Court, The Constitution, And The History Of Ideas, Scott D. Gerber

Vanderbilt Law Review

Several of the nation's most influential constitutional law scholars have been arguing for the better part of a decade that judicial review should be sharply limited, or eliminated altogether. The list includes such prominent thinkers as Professor Mark V. Tushnet of Harvard Law School, Professor Cass R. Sunstein of the University of Chicago Law School, and Dean Larry D. Kramer of Stanford Law School. In place of the doctrine made famous by Chief Justice John Marshall in Marbury v. Madison, these leading voices of the legal academy call for "popular constitutionalism": a constitutional law that is defined outside of the …

Democracy And Opportunity: A New Paradigm In Tax Equity, James R. Repetti

Vanderbilt Law Review

Academics and policymakers pay little attention to the interaction of a tax system with the objectives of a just government. For example, in the debate about whether the United States should retain an income tax or adopt a consumption tax, most discussions focus on the relative efficiency and equity of the taxes. Proponents of a consumption tax worry that an income tax is inefficient because it burdens investment income. Advocates of an income tax fear that a consumption tax is not equitable because low-income taxpayers consume a greater percentage of their income than wealthy taxpayers. These concerns date at least …

“What’S The Matter With You Catholics?” Soundings In Catholic Social Thought: Traditions In Turmoil. By Mary Ann Glendon, Patrick Mckinley Brennan

Working Paper Series

This review essay of Mary Ann Glendon's Traditions in Turmoil (2006) explores such topics as tradition, moral discourse, human rights, subsidiarity, natural law, the common good, civil society, and constitutional and statutory interpretation. In doing so, it provides an introduction both to Catholic social thought and to the thought of Bernard Lonergan.

Differentiating Church And State (Without Losing The Church), Patrick Mckinley Brennan

Working Paper Series

There is an ongoing debate about whether the U.S. Constitution includes -- or should be interpreted to include -- a principle of "church autonomy." Catholic doctrine and political theology, by contrast, clearly articulated a principle of "libertas ecclesiae," liberty of the church, when during the nineteenth and early twentieth centuries the Church differentiated herself from the state. This article explores the meaning and origin of the doctrine of the libertas ecclesiae and the proper relationship among churches, civil society, and government. In doing so, it highlights the points at which church and state should cooperate and the points at which …

Factual Premises Of Statutory Interpretation In Agency Review Cases, Todd S. Aagaard

Working Paper Series

This article examines factual premises of statutory interpretation in agency review cases, and proposes an approach that would better integrate the treatment of such factual premises into the overall structure of administrative law. Courts frequently encounter questions of statutory interpretation that depend on underlying factual background, context, and implications. When they do so, courts generally assume that they retain the authority to decide the factual premises and thereby to answer questions of statutory interpretation that depend on factual premises. This is problematic from a functional standpoint, because courts often lack the information or expertise necessary to assess these underlying facts …

Peasants, Tanners, And Psychiatrists: Using Films To Teach Comparative Law, Joseph W. Dellapenna

Working Paper Series

Films have proven to be a useful teaching tool for a course on Comparative Law. The films serve to introduce the class to the look and feel of legal proceedings from selected foreign legal systems and to illustrate particular aspects of how these legal proceedings differ from our own. The article summarizes the results of more than 10 years of experience in using films. It will be of interest to others who teach Comparative Law and also to lawyers, judges, and students who want a video means of oriented themselves to foreign legal traditions. The article discusses the limitations of …

Exploring The Impact Of The Marriage Amendments: Can Public Employers Offer Domestic Partner Benefits To Their Gay And Lesbian Employees?, Tiffany C. Graham

Working Paper Series

The article focuses on an issue that is shaping up to be the new front in the same-sex marriage wars: whether applying the terms of the more broadly-constructed amendments to public employers will bar them from offering domestic partner benefits to their gay and lesbian employees. The first part of the article offers an overview of domestic partner benefits plans and discusses the manner in which they are currently being threatened by the more broadly-constructed marriage amendments. The second part takes a close look at the litigation in National Pride at Work v. Michigan. This case represents the first time …

“We Are At War And You Should Not Bother The President”: The Suffrage Pickets And Freedom Of Speech During World War I, Catherine J. Lanctot

Working Paper Series

The story of Alice Paul’s National Woman’s Party and its 1917 picketing campaign onbehalf of woman suffrage is almost unknown in legal circles. Yet the suffrage pickets were among the earliest victims of the suppression of dissent that accompanied the entry of the United States into World War I. Nearly forty years before the modern civil rights movement brought the concept of nonviolent civil disobedience to the forefront of American political discourse, the NWP conducted a direct action campaign at the very doorstep of the President of the United States, and they did so during a time of war.

In …

Participant List, Workplace Flexibility 2010, Georgetown University Law Center

Conferences, Panels, and Events

A list of participants for the 2008 conference for grantees of the Alfred P. Sloan Foundation's Workplace, Work Force, and Working Families Program hosted by Workplace Flexibility 2010.

Actor Preference And The Implementation Of Ins V. Chadha, Darren A. Wheeler

Brigham Young University Journal of Public Law

No abstract provided.

How The Signing Statement Thought It Killed The Veto; How The Veto May Have Killed The Signing Statement, Jeremy M. Seeley

Brigham Young University Journal of Public Law

No abstract provided.

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

University of Michigan Journal of Law Reform

The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …

The Practical Effects Of Delegation: Agencies And The Zoning Of Public Land And Seas, Josh Eagle

Faculty Publications

No abstract provided.

"Instant Karma": How Globalization Contests China's Abuses, Alison Brysk

Human Rights & Human Welfare

China’s rise from impoverished backwater to prospective superpower has been accompanied by the repression of tens of millions of its own people, at the hands of a nationalist, developmentalist government. Under contemporary conditions of globalization, suppression of civil liberties, domination of ethnic minorities, and unholy alliances with resource-rich dictatorships are no longer plausible requisites of this model—if they ever were. The broadening and deepening of economic globalization towards a more sustainable complex of political influence involves “soft power,” including international reputation and norms. Thus, China’s Olympian reach for true hegemony provides the best chance for human rights advocates to weave …

Transcript—Afternoon Session, Roy T. Stuckey, Alice Thomas, Daisy Hurst Floyd

Mercer Law Review

Reflections on Legal Education ..... Roy T. Stucky 859

"Are We Committing Malpractice?" Toward a Code of Professional Ethics for Legal Educators ..... Alice Thomas 866

Forming Professionals: A Journey of Identify and Purpose ..... Daisy Hurst Floyd 882

Afternoon Question & Answer Period 892

Legal Ethics, Narrative, And Professional Identity: The Story Of David Spaulding, Timothy W. Floyd, John Gallagher

Mercer Law Review

Roger Cramton has called Spaulding v. Zimmerman "one of the great gems of law teaching." The case is extensively discussed in books and articles dealing with legal ethics and is prominently featured in professional responsibility casebooks and courses. According to Professor Cramton, "Spaulding teaches important lessons about the law and ethics of lawyering." These include "the unwillingness of lawyers, judges and the organized profession to talk openly and seriously about the situations in which threats of harm to third persons justify a breach of one of the lawyer's most sacred duties, that of confidentiality to client" and "the reality, …

Evaluating The Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz

Mercer Law Review

Law schools have compelling reasons to begin thoroughly reviewing their skills curriculum. Three new publications emphasize that preparing students for practice as competent and ethical lawyers is the central mission of legal education and scrutinize methods for achieving that goal. A new ABA Standard for Accreditation (the "Standard" or "Standard 302"), revised in 2005 to mandate skills education for every law student, is now being applied at law school reaccreditation reviews.

In addition, Educating Lawyers: Preparation for the Profession of Law (the "Carnegie Report"), a report written by the Carnegie Foundation for the Advancement of Teaching, and Best Practices for …

"Insane In The Membrane, Insane In The Brain":1 The Case Of Panetti V. Quarterman, Michael Eric Hooper

Mercer Law Review

In Panetti v. Quarterman, the United States Supreme Court held that the incompetence standard used by the United States Court of Appeals for the Fifth Circuit was overly restrictive and failed to afford proper Eighth Amendment protection to a prisoner convicted of murder. While Ford v. Wainwright established that a prisoner is competent for execution if he or she knows of his or her impending execution and the reason for it, the Court expanded the competency standard in Panetti by holding that a prisoner's awareness of the rationale for an execution is not the same as a rational understanding …

Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal

Human Rights & Human Welfare

One lazy summer evening in Beijing, about fifteen years ago, my wife and I were strolling down Jianguomenwai, the bustling street adjacent to our flat in the Qijiayuan Diplomatic Compound. The day had been sweltering, and as the sun began to set the sidewalks filled with pedestrians who, like us, had escaped their stuffy apartments to take in a cool, soothing breeze.

The Failing Company Defense After The Commentary: Let It Go, Oliver Zhong

University of Michigan Journal of Law Reform

This Note proposes the abolishment of the failing company defense in merger control law. This call for reform is based on a comprehensive critique, which consists of a revisit of the doctrinal history, a survey of problems in current practice, and an inquiry into the normative merits of both the status quo and alternative plans. The reform advocated will purify the doctrine and improve the practice with minimum adjustments, in line with the ongoing movement to modernize merger review with the publication of the Commentary to the Merger Guidelines.