Law Commons^™

Brisa De Anomia - Da Constituição Real Ao Quotidiano Incompetente, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há vários sintomas de mal estar social, todos sabemos. Desde uma Constituição que parece ter passado a nominal ou semântica em algumas dimensões ao menos, não por culpa sua mas de quem a deveria cumprir, até ao esboroar das relações laborais e ao crescendo da insatisfação laboral de quem trabalha, a par do crescendo do desemprego, ou à falta de boa fé contratual... Sente-se ainda que muitos serviços estão a funcionar mal, mercê da precaridade dos contratos dos trabalhadores, promovidos a verdes colaboradores muitas vezes... Ainda parece, em geral, viver-se sob a lei, mas já há muitas bolsas de torto …

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Images Of Men In Feminist Legal Theory , Brian Bendig

Pepperdine Law Review

No abstract provided.

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Class Struggle At The Door: The Origins Of The Portal-To-Portal Act Of 1947, Marc Linder

Marc Linder

No abstract provided.

Ancient Legal Maxims And Modern Human Rights, Dr. J. Stanley Mcquade

J. Stanley McQuade

No abstract provided.

Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser

J. Stanley McQuade

No abstract provided.

Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade

J. Stanley McQuade

No abstract provided.

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

Cornell Law Faculty Publications

Ancient mythology, literary fiction, and modern science fiction films all recount a similar cautionary tale: human ingenuity gives rise to a powerful invention, but through human fallibility and, in some tellings, venality, the invention becomes a monster and turns on its creators. Perhaps the most famous example is Mary Shelley's Frankenstein, in which Dr. Frankenstein's attempt to fashion a living man from the dead remains of others succeeds, only then to go horribly awry. Such stories are timeless because they warn of the dangers of indelible features of human nature: hubris and short-sightedness. Recent large-scale catastrophes such as the 2010 …

The Normativity Of Copying In Copyright Law, Shyamkrishna Balganesh

All Faculty Scholarship

Not all copying constitutes copyright infringement. Quite independent of fair use, copyright law requires that an act of copying be qualitatively and quantitatively significant enough or “substantially similar” for it to be actionable. Originating in the nineteenth century, and entirely the creation of courts, copyright’s requirement of “substantial similarity” has thus far received little attention as an independently meaningful normative dimension of the copyright entitlement. This Article offers a novel theory for copyright’s substantial-similarity requirement by placing it firmly at the center of the institution and its various goals and purposes. As a common-law-style device that mirrors the functioning of …

The Borrower's Tale: A History Of Poor Debtors In Lochner Era New York City, Anne Fleming

Georgetown Law Faculty Publications and Other Works

This study adds to the recent scholarship on Progressivism in practice—fine-grained, place-based studies of reform at the local level—but focuses closely on the relationships among reformers, industry, and the law that an earlier generation of historians studied at the national level and outlined in broad brushstrokes. This study also builds upon the creditor-centered work of historians such as Mark H. Haller and John V. Alviti, but moves beyond their reliance upon distinctions and categories, such as those separating profit making credit providers from philanthropic credit providers, which were less important to borrowers than they have been for historians. In focusing …

Who Is The Syrian Opposition?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Since the start of the uprising in Syria, countries supporting the opposition groups wanted to unify them. They organized a series of the so-called “Friends of Syria” conferences one after another only to adjourn without realizing their objective. In most cases, the meetings created more discord than opportunities for unity.

Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Proclaiming Emancipation, University Of Michigan Law School, William L. Clements Library, Martha S. Jones

Event Materials

Program for Proclaiming Emancipation, held October 15 2012 - February 18 2013. This was a combination exhibit and symposium. Martha S. Jones and Clayton Lewis were Curators.

As we approach the 150th anniversary of the Emancipation Proclamation, commemorations can be a site for complex and nuanced reflections. They can also sanitize a messy past, making it palatable for popular consumption. Proclaiming Emancipation confronts myths with history. Oftentimes competing voices proclaim that no longer does Proclamation stand as an exceptional moment from the U.S. past. Instead, we understand January 1, 1863 as being situated on a timeline that stretches from …

Schwartz: Comment On Mathias, Herman Schwartz

Herman Schwartz

No abstract provided.

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

Jamin Raskin

No abstract provided.

Color-Blind Justice: Albion Tourgee And The Quest For Racial Equality From The Civil War To Plessy V. Ferguson—Mark Elliott, Lewis Grossman

Lewis A. Grossman

No abstract provided.

Gender, Legal Education, And Judicial Philosophy In The Region, Claudio Grossman

Claudio M. Grossman

No abstract provided.

Theorizing Agency, Susan Carle

Susan D. Carle

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

Interpretation And Construction In Altering Rules, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …

O Cidadão E O Estadista, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Fala-se muito em crise, naturalmente em mudanças políticas, e até em regeneração dos partidos. Cremos que esta é fundamental. Ou tal ocorre, ou virá, mais dia menos dia, após esta ou aquela convulsão, a ditadura e o partido único, sob qualquer bandeira, normalmente populista. Muitos estão já a atiçar o lume antipartidário e antidemocrático, como ocorreu noutros tempos. E apontando já os bodes expiatórios a sacrificar, enquanto os verdadeiros responsáveis passam ao largo... Por outro lado, não é Estadista quem quer. São precisas virtudes e qualidades. Não uma competência mitificada e abstrata. Mas projeto político e capacidade, experiência, etc.

Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin

Pace Law Review

This Article is deliberately unconventional and exploratory. It begins by raising many conceptually problematic questions which cannot be answered simply or definitively. The point is not to provide any one right answer for these questions but to raise possible directions for new lines of inquiry rather than accepting the theoretical dead end that is irrationalism. I do not necessarily hope to offer a new systemizing theory that can withstand rigorous critique, but rather to show that such attempts remain possible and worthwhile even after the influence of post-modernism and the deconstruction of the most significant social theories.

Ensayos Sobre Derecho Comparado Y Constitución, Teresa M. G. Da Cunha Lopes

Teresa M. G. Da Cunha Lopes

No abstract provided.

Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler

All Faculty Scholarship

This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …

Combatiendo Las “Nulidades-Sorpresa”: El Derecho Fundamental Del Contradictorio En La Perspectiva De La Nulidad Procesal, Renzo Cavani

Renzo Cavani

No abstract provided.

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

Creating Hammer V. Dagenhart, Logan E. Sawyer Iii

Scholarly Works

Hammer v. Dagenhart is among the best known cases in the canon of constitutional law. It struck down the first federal child labor law on the grounds that Congress’s commerce power allowed it to prohibit the interstate shipment of harmful goods, like impure food and drugs, but not harmless goods, like the products of child labor. Withering criticism of the decision spread from Justice Holmes’s famous dissent to law reviews, treatises, casebooks, and constitutional law classes. For nearly a century the decision has been scorned as inconsistent with precedent, incoherent as policy, and driven solely by the Court’s reactionary commitment …

Why Is The U.S.-Islamic World Relation So Fragile?, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

Federal Governmental Power: The Voting Rights Act, Michael C. Dorf

Touro Law Review

No abstract provided.