Law Commons^™

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman

The University of New Hampshire Law Review

When scholars discuss Judge Learned Hand’s approach to contract interpretation, they refer to him as a “great formalist commercial lawyer” who was a “pure objectivist” exhibiting a “crusader’s zeal” for the objective theory of contract. He is identified as a leading advocate of the classical approach to contract interpretation, which dominated American law in the late nineteenth and early twentieth centuries. But Hand’s reputation—built from three of his opinions—clashes with his reputation as a pre-Realist critic of formalism and as an intentionalist in statutory interpretation. This Article explores just how far Hand applied a strict objective approach to contract interpretation …

Table Of Contents

The University of New Hampshire Law Review

No abstract provided.

Wax, Wick, And Flame: Performing Daniel Webster's Peroration From The Dartmouth College Case, Thomas S. Burack

The University of New Hampshire Law Review

No abstract provided.

Editor's Foreward

The University of New Hampshire Law Review

No abstract provided.

From Impairment Of Contracts To Institutional Academic Freedom: The Enduring Significance Of The Dartmouth College Case, David M. Rabban

The University of New Hampshire Law Review

No abstract provided.

Dartmouth College V. Woodward And The Structure Of Civil Society, Ernest A. Young

The University of New Hampshire Law Review

No abstract provided.

Doctrinal Evolution And The Right Against Self-Incrimination, Eliot T. Tracz

The University of New Hampshire Law Review

The Fifth Amendment’s right against self-incrimination is one of the most well-known constitutional protections as it is often referenced in movies, television shows, and in the news. Despite this wide-spread awareness of the right against self-incrimination, the Federal Circuit Courts remain split over whether the right attaches before or during trial. The specific point of contention is when a “criminal case” commences.

This article examines the history of the right against self-incrimination beginning with its common-law origins in Great Britain. The evolution of the right against self-incrimination is explored up to the present-day circuit split, and the cases involved in …

First In Elections, First In Reforms: Can New Hampshire Be First In The Nation To Implement Changes To Campaign Finance?, Lisa M. Bianco

The University of New Hampshire Law Review

As Americans prepare for the 2020 presidential election, one thing is for certain—the candidates will make their way into your home. While they might not physically step foot into your living room, they will appear on your television, on your laptop, and on your phone. Why? Because in the United States, campaigns are won by candidates communicating with you, the voters. It is not feasible to physically shake hands with the entire population of the country. Instead, individuals running for office have to introduce themselves to voters some other way. Television advertisements, sponsored posts on social media, and robocalls are …

Editor’S Note, Padraig O’Malley

New England Journal of Public Policy

The articles in this issue of the New England Journal of Public Policy have their origins in presentations at a Chatham House conference titled “Rethinking Self-Determination,” February 2019, hosted by the International Communities Organization and the journal.

Among the many aspects of self-determination they address: the elasticity of the concept as a human right in the context of “peoples” (Freeman); individual rights versus collective self-determination (Summers); Biafra as an early case of internal self-determination—the territorial integrity of the state and the right of secession when “the right of a people to participate in the decision-making processes of a country is …

Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker

New England Journal of Public Policy

The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …

European Union Integration And National Self-Determination, Mare Ushkovska

New England Journal of Public Policy

Recent demands for secession in several EU member states bring the issue of self-determination to the forefront of the debate about the future of the European Union. This article explores the European Union’s attitudes toward the international right to self-determination in the context of the rising salience of the greater political union between member states. The focus of the European project, in direct contrast to the glorification of nationhood, is on consensual decision-making rather than sovereignty, making self-determination obsolete in a reality of EU integration. This research finds that recognition of, or references to, the right to self-determination of peoples …

Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring

New England Journal of Public Policy

This article advances a general theory of law and justice that would expand the Palermo Trafficking and Smuggling Protocols to a wider application in human rights jurisprudence. The aim of the research reported here is to close the gaps in member-state policy and scholarship that addresses prevention measures and protection mechanisms for forcibly displaced children seeking self-determination in states that have not ratified the UN Convention on Refugees and the UN Conventions on Statelessness. The research is based on the premise that a stateless nonrefugee status constructs an extremely vulnerable state for children during forced migration and when they are …

The "Statutory Rape" Myth: A Case Law Study Of Sexual Assaults Against Adolescent Girls, Isabel Grant, Janine Benedet

All Faculty Publications

This article examines three years of Canadian case law involving sexual offences against adolescent girls between the ages of twelve and seventeen inclusive, with a view to identifying the types of cases that are making it to court, whether these cases are resulting in convictions, and what are the types of sentences being imposed on individuals convicted of these offences. A significant majority of cases under review involved men considerably older than the complainant. The average age difference between the accused and the complainant was nineteen years and, where family members were excluded, 15.6 years. The small number of cases …

Barriers To Quality Early Mathematics Teaching And Learning, Bilge Cerezci

Journal of Vincentian Social Action

Growing evidence demonstrates that early mathematics teaching and learning experiences, among all educational resources, are especially important contributors to students’ learning and later achievement in mathematics and other areas, particularly in low-SES students who are at risk of falling behind in mathematics achievement. As early mathematics education has assumed heightened importance, quality of early mathematics teaching and learning experiences has attracted national attention, and the pressure to perform in mathematics has trickled down to preschoolers and kindergarteners. How can nations make sure their citizens are equipped with the necessary math skills and knowledge in order to be competent and productive …

Toc

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover

Journal of Vincentian Social Action

No abstract provided.

Political Scientist Christina Rivers: Restoring The Fundamental Right To Vote, University Marketing And Communications, Christina Rivers

DePaul Download

A democracy that’s truly representative of the people depends on the people to exercise their right to vote. There are some groups of people, however, who regularly don’t vote—because they don’t know they’re eligible. Contrary to popular belief, in Illinois, a convicted felon regains eligibility to vote as soon as he or she leaves a corrections facility. Anyone awaiting trial in jail is eligible to vote, too. DePaul political scientist Christina Rivers, an expert in voting rights and a DePaul Presidential Fellow, helped pass legislation to provide voter education to soon-to-be released inmates. In this episode, she discusses these initiatives, …

November 19, 2019: Court-Packing, Bruce Ledewitz

Hallowed Secularism

Blog post, “Court-Packing“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ua12/2/1 College Heights Herald, Vol. 95, No. 11 [13], Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

• Chisenhall, Jeremy. WKU Deals Offer Chances to Study in China – Shaanxi Normal University
• Collins, Michael. How DACA Rulings Could Affect WKU Students – Deferred Action for Childhood Arrivals
• Stahl, Matt. WKU Basketball Records Request Heads to In-camera Review
• Burris, Lily. 5 Questions with Dean Larry Snyder
• Lamb, Cassady. Students Can Pay Back Library Fines in a New Way
• Stack, Madalyn. Editorial Cartoon re: Freedom of the Press
• Penalizing the Press – China
• Mattison, Reed. On Ice – SoKY Ice Rink
• Holland, Kelley. Folklore Class …

Filling The New York Federal District Court Vacancies, Carl Tobias

Washington and Lee Law Review Online

President Donald Trump contends that federal appellate court appointments constitute his foremost success. The president and the United States Senate Grand Old Party (GOP) majority have compiled records by approving forty-eight conservative, young, accomplished, overwhelmingly Caucasian, and predominantly male, appeals court jurists. However, their appointments have exacted a toll, particularly on the ninety-four district courts around the country that must address eighty-seven open judicial positions in 677 posts.

One riveting example is New York’s multiple tribunals, which confront twelve vacancies among fifty-two court slots. The Administrative Office of the United States Courts considers nine of these openings “judicial emergencies,” because …

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size and influence, UC’s …

Watching Insider Trading Law Wobble: Obus, Newman, Salman, Two Martomas, And A Blaszczak, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

“The crime of insider trading,” Judge Jed Rakoff has said, “is a straightforward concept that some courts have managed to complicate.” In the last eight years or so, insider trading law has wobbled visibly (in the Second Circuit in particular) in applying the standard for tipper-tippee liability originally set in the Supreme Court’s Dirks decision in 1983: from Obus (2012) to Newman (2014), with a detour to the Supreme Court in Salman (2016), and then two Martoma opinions (2017 and 2018). Most recently, the court of appeals offered what to many was a major surprise in its Blaszczak …

The Digital Services Tax As A Tax On Location-Specific Rent, Wei Cui, Nigar Hashimzade

All Faculty Publications

In 2018, the European Council and the UK and Spanish governments each proposed to introduce a Digital Services Tax (DST), to be levied on the revenue of large digital platforms from advertising, online intermediation, and/or the transmission of data. We offer a rationalization of the DST as a tax on location-specific rent (LSR). That is, just as many countries already levy royalties on rent from extracting natural resources, one can think of the DST as levied on rent earned by digital platforms from particular locations. We provide stylized illustrations of how platform rent can be assigned to specific locations, even …

Week Of November 18, 2019 - November 22, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo South Asian Law Students Association (SALSA)
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Indie Film Clinic
• Innocence Project Clinic
• Intellectual Property Law Society (IPLS)
• Public Interest Law Student Association (PILSA)
• Real Estate Law Association (RELA)
• The Recording Academy

Mmu: 11/18/19–11/24/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• "Sorry, I Can't"–Managing Stress When You Feel Like You Can't Say "Yes" to Spending Time on Those You Care About
• Scheduling How-to
• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• Last SBA Monthly Meeting of the Semester
• Dublin Summer Internship Program Information Session
• Scheduling for London
• Professor Series: The Mischief Rule–Sam Bray
• The Troy Davis Case: Executing the Innocent?
• White & Case and Business Law Forum Chat
• Legal Voices for Children and Youth to host Judge Peter Bogaard (New Jersey Superior Court)
• Go Irish! Beat the Terriers!

General Announcements

• LVCY (Legal Voices for …

Vol. 57, No. 12 (November 18, 2019)

Indiana Law Annotated

No abstract provided.

Awareness Of Sex Offender Registration Policies And Self-Reported Sexual Offending In A Community Sample Of Adolescents, Cynthia J. Najdowski, Hayley M. D. Cleary

Psychology Faculty Scholarship

Sex offender registration laws are widely implemented, increasingly restrictive, and intended to serve both specific and general deterrent functions. Most states have some form of policy mechanism to place adolescents on sex offender registries, yet it remains unclear whether adolescents possess the requisite policy awareness to be deterred from sexual offending. This study examined awareness of sex offender registration as a potential sanction and its cross-sectional association with engagement in several registrable sexual behaviors (sexting, indecent exposure, sexual solicitation, and forcible touching) in a community sample of 144 adolescents. Results revealed that many adolescents were unaware that these behaviors could …

When Do Chinese Subnational Governments Make Law?, Wei Cui, Jiang Wan

All Faculty Publications

How often does law get made in China, and what kinds of law? We construct a dataset on subnational lawmaking to address these questions. The dataset builds on a basic insight: Chinese politicians choose among three types of instruments to implement policy—statutes, regulations, and informal policy directives (IPDs). IPDs are easier to promulgate than statutes and regulations, and the fact that they lack the force of law rarely impedes enforcement. Why then do politicians make law at all? Several findings shed light on this puzzle. First, the choice between formal lawmaking and IPDs depends on the policy subject. Second, provinces …

My Coppa Runneth Over: Ccpa Adds To Children’S Online Privacy Protections, Katie Riley

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Federal Trade Commission (“FTC”) is currently accepting public comments on the Children’s Online Privacy Protection Act (“COPPA”) as part of their review process for a pending proactive legislative update. COPPA is not due for review until 2023 but because of the “rapid technological changes that impact the online children’s marketplace” the FTC believes it is imperative to reevaluate COPPA’s protections now. Although decades old, COPPA has increasingly made headlines, most recently as part of the FTC’s settlement with YouTube and their parent company, Google, for a $170 million fine—the largest COPPA fine ever levied—for alleged violations of the legislation. …