Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Boston University School of Law (7)
- University of Michigan Law School (7)
- University of Colorado Law School (4)
- Wayne State University (4)
- St. Mary's University (3)
-
- University of Maine School of Law (3)
- Selected Works (2)
- University of Baltimore Law (2)
- Penn State Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Massachusetts School of Law (1)
- University of Missouri School of Law (1)
- Valparaiso University (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Faculty Scholarship (7)
- Reviews (6)
- Law Faculty Research Publications (4)
- Publications (4)
- Maine Law Review (3)
-
- All Faculty Scholarship (2)
- Faculty Publications (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- Adeen Postar (1)
- Articles (1)
- Laura A. Heymann (1)
- Law Faculty Publications (1)
- Law Library Faculty Works (1)
- Pepperdine Law Review (1)
- Scholarly Works (1)
- Seattle University Law Review (1)
- St. Mary's Law Journal (1)
- The Journal of Appellate Practice and Process (1)
- UF Law Faculty Publications (1)
- University of Massachusetts Law Review (1)
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Vincent R. Johnson, professor at St. Mary's University School of Law in San Antonio, Texas, reviews The Man in the Ditch: A Redemption Story for Today by Dallas attorney Mike H. Bassett.
A Grammar Of Legal Thought, Derek H. Kiernan-Johnson
A Grammar Of Legal Thought, Derek H. Kiernan-Johnson
Publications
No abstract provided.
In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.
In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming.
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial …
De-Democratizing Criminal Law, Benjamin Levin
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Reviews
Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar
Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar
Adeen Postar
No abstract provided.
Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow
Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow
Articles
Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.
Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell
Review Of Rights And Demands: A Foundational Inquiry, Nicholas B. Cornell
Reviews
No abstract provided.
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Reclaiming A Great Judge's Legacy, Frank M. Coffin
Maine Law Review
In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara
Maine Law Review
If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.
On Appeal: Courts, Lawyering, And Judging, John P. Frank
On Appeal: Courts, Lawyering, And Judging, John P. Frank
Maine Law Review
Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann
Faculty Scholarship
Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …
A Partial View Of China's Governance Trajectory, Nicholas Calcina Howson
A Partial View Of China's Governance Trajectory, Nicholas Calcina Howson
Reviews
Minxin Pei’s new book China’s Crony Capitalism: The Dynamics of Regime Decay recites in detail the morass of corruption and collusion in which the People’s Republic of China (PRC) party-state finds itself. Encyclopedic in scope, the book addresses corruption, extraction, and network formation in many of modern China’s formal settings—including in the Chinese Communist Party (CCP), the nomenklatura system, state institutions, enterprises, the investment sector, and the real property market, among others—but also in nonformal contexts such as the rise of the “local mafia state.” The book’s basic storyline is this: the PRC’s radical devolution of intertwined political power and …
Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar
Book Review: Academic Law Library Director Perspectives: Case Studies And Insights, Adeen Postar
All Faculty Scholarship
No abstract provided.
No Reason To Blame Liberals (Or, The Unbearable Lightness Of Perversity Arguments), Margo Schlanger
No Reason To Blame Liberals (Or, The Unbearable Lightness Of Perversity Arguments), Margo Schlanger
Reviews
In addition to the current extraordinary number of people behind American bars, the other key feature of our current carceral state is the very high concentration of non-whites in that population. That concentration of non-whites has grown significantly since the 1960s, when whites constituted nearly two thirds of American prison population; today, they are only a bit over one-third. Since 72% of Americans are white, the distinction in terms of incarceration rate is far more stark: among white men, the current imprisonment rate (counting only sentenced prisoners) is 4.7/1000; among Latino men it is two-and-a-half times that (11.3/1000); and among …
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Intentionalism Justice Scalia Could Love, Hillel Y. Levin
Scholarly Works
There is something useful, indeed beautiful, about a work that carefully and eloquently explores a new idea or reexamines an old one. The Nature of Legislative Intent is therefore useful and beautiful, and it offers much of philosophical value for textualist and non-textualist alike. but it offers little of practical consequence and is therefore unlikely to advance the ball outside of the hall of academia, not simply because of the failure of judges to take legal scholarship seriously (which is there loss, as well as sosciety's), but because on its own terms it cannot.
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
On Reading The Language Of Statutes (Book Review), Linda D. Jellum
University of Massachusetts Law Review
Linda D. Jellum reviews Lawrence M. Solan, The Language of Statutes: Laws and Their Interpretation (The University of Chicago Press, Chicago, 2010), ISBN-13: 978-0-226-76796-3.
The Illustrated Guide To Criminal Law, Rebecca Mattson
The Illustrated Guide To Criminal Law, Rebecca Mattson
Law Library Faculty Works
No abstract provided.
Book Review - Henke: California Law Guide, Second Edition, Nancy J. Kitchen
Book Review - Henke: California Law Guide, Second Edition, Nancy J. Kitchen
Pepperdine Law Review
No abstract provided.
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
Ria Federal Tax Handbook 2006 (Book Review), Elizabeth Outler
UF Law Faculty Publications
Review and explanation of the features of the RIA Federal Tax Handbook.
The U.S. Supreme Court And Medical Ethics: From Contraception To Managed Health Care, George J. Annas
The U.S. Supreme Court And Medical Ethics: From Contraception To Managed Health Care, George J. Annas
Faculty Scholarship
Review of The U.S. Supreme Court and Medical Ethics: From Contraception to Managed Health Care (2004) by Bryan Hilliard
The Law's Many Bodies, And The Manuscript Tradition In English Legal History, David J. Seipp
The Law's Many Bodies, And The Manuscript Tradition In English Legal History, David J. Seipp
Faculty Scholarship
Sir John Baker's recent book The Law's Two Bodies supplies a happy occasion to celebrate and reflect on Professor Baker's unique place within the field of English legal history today
Students beginning their study of this subject can well imagine the long history of the English common law as an hourglass. The wide upper chamber of the hourglass is the rich, complex, intricate medieval law of the Year Books. The wide bottom chamber is the equally rich, complex, intricate but very different caselaw of the modem age. The narrow neck of the hourglass can be imagined as the mind of …
Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer
Book Review: Limits Of Law, Prerogatives Of Power: Interventionism After Kosovo, By Michael J. Glennon, Charles Tiefer
All Faculty Scholarship
The author reviews Michael Glennon's Limits of Law, Prerogatives of Power: Interventionism After Kosovo, discussing Glennon's approach to NATO's 1999 bombing to stop the Milosevic regime's ethnic cleansing of Kosovo in the face of the UN Charter's absolute ban on states using force except in self-defense. Finding Glennon's study at once provocative and readable, the author emphasizes the strength of Glennon's core point - the inability for the Kosovo campaign to be reconciled with the UN charter - but points to the dangers of using one instance (Kosovo) to prove bad law.
"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman
"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman
Faculty Scholarship
The rise of rights talk is a subject that has gripped academia in recent years. Many historians of modem America are now searching for the origins of the rights revolution and the feverish use of rights arguments on the left and on the right. Two recent works of legal history tackle one part of this question with trailblazing interpretations, focusing on left-wing rights discourse and the successes of the civil rights movement. Both books offer compelling and well-written narratives of post-war legal issues, and they present innovative arguments that this revolution began in response to global crises.1 Richard Primus's …
Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman
Book Review: Bryan A. Garner, The Winning Brief (Oxford University Press 1999), Peter Friedman
The Journal of Appellate Practice and Process
A critical review of Bryan A. Garner’s text on legal writing.
Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert
Damaška: Evidence Law Adrift. A Book Review, Richard O. Lempert
Reviews
Let me state my biases at the start. I am a great fan of Professor Damaska and have been ever since I read his first book, The Faces of Justice and State Authority. Professor Damaska's most recent book, Evidence Law Adrift, adds to my admiration. In Evidence Law Adrift Professor Dama~ka examines Continental and Anglo-American trial procedures and argues that changes in the way Anglo-American courts resolve cases, especially the marginalization of the jury trial, strip common law evidence doctrine of its theoretical base and place it in danger of becoming an intellectual curiosity confined, in Professor Damaska's words, "to …
Book Review And Commentary: What Price Freedom?, Vincent A. Wellman
Book Review And Commentary: What Price Freedom?, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Faculty Publications
No abstract provided.