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Articles 1 - 14 of 14
Full-Text Articles in Law
What Is The Law's Role In A Recession?, Gabriel Rauterberg, Joshua Younger
What Is The Law's Role In A Recession?, Gabriel Rauterberg, Joshua Younger
Reviews
In March 2020, the world faced not only a public health emergency but also one of the most profound shocks to the global economy in the modern era — a shock deeper and broader than any other in eighty years. Never before had virtually all of the world’s economies suffered a contraction at the same time (Tooze, p. 5). Global output decreased by nearly 3.4% in 2020, the largest contraction since the Second World War. The United States saw the largest recorded demand shock in its history (-32.9%), and the unemployment rate peaked around 15% during 2020, higher than at …
Illegal Sex Toy Patents, W. Nicholson Price Ii
Illegal Sex Toy Patents, W. Nicholson Price Ii
Reviews
In Patenting Pleasure, Professors Sarah Rajec and Andrew Gilden highlight a surprising incongruity: while many areas of U.S. law are profoundly hostile to sexuality in general and the technology of sex in particular, the patent system is not. Instead, the U.S. Patent and Trademark Office (USPTO) has over the decades issued thousands of patents on sex toys—from vibrators to AI, and everything in between. This incongruity is especially odd because patent law has long incorporated a doctrine that specifically tied patentability to the usefulness of the invention, and up until the end of the 20th century one strand of that …
Decolonization As Dialectic Process In Law And Literature, Laura Nyantung Beny
Decolonization As Dialectic Process In Law And Literature, Laura Nyantung Beny
Reviews
The Battle for International Law addresses the South-North contest over the content and structure of international law during the period of decolonization in the global South (1955-1975). Edited volumes are inherently risky because the quality and perspectives of the various chapters can vary widely, resulting in thematic incoherency. However, J. von Bernstorff and P. Dann have successfully assembled many excellent chapters on varied topics by a diverse range of authors. Each chapter contributes significantly to the editors’ overall goal “to provide an intellectual history of the transformation of international law in the 1950s to 1970s and to offer a better …
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 …
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.
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 …
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 …
Review Of Failing Law Schools, Richard O. Lempert
Review Of Failing Law Schools, Richard O. Lempert
Reviews
Brian Tamanaha's book Failing Law Schools is neither sociology nor a synthesis of social science research. Rather it is social commentary rooted in Tamanaha’s experience as a law professor, the literature on legal education, and barely analyzed data on law school costs and student outcomes. Tamanaha cannot be blamed for the absence of sophisticated research on matters that cry out for empirical investigation nor for having to rely on data sources that at best capture only a few bivariate relationships, but these limitations make his causal analyses and proposed solutions less than compelling. Still the book is not without its …
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 …
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Dependency In The Welfare State: Beyond The Due Process Vision, Richard O. Lempert
Reviews
The due process revolution has failed. Never mind that this verdict is an oversimplified exaggeration. It is closer to the truth than its opposite. Giving powerless, dependent, poor people property interests in their welfare benefits and the right to call those who exercise discretion over them legally into account does not magically cure the poverty, powerlessness, or dependency that motivated the extension of rights in the first instance. The optimistic view of legality that motivated much of the social activism of the late sixties and early seventies inevitably gives way before the reality of being poor.
Review Of Social Science In The Courtroom: Statistical Techniques And Research Methods For Winning Class-Action Suits, Richard O. Lempert
Review Of Social Science In The Courtroom: Statistical Techniques And Research Methods For Winning Class-Action Suits, Richard O. Lempert
Reviews
If publishers had to conform to anything like truth-in-packaging laws, the title of James Loewen' s book would be something like A Simple Introduction to Elementary Statistical Methods That Might Be of Use in ClassAction Suits for Discrimination, Homilies on the Legal System for Social Scientists, Homilies on Social Science for Lawyers, and Examples from My Own Experience. No one who is interested in the deeper intellectual issues that surround the use of social science in the courtroom, such as the debate over when courts may appropriately tum to social science for aid in resolving fundamental value questions, has reason …
Clash In The Classroom, David L. Chambers
Clash In The Classroom, David L. Chambers
Reviews
David L. Chambers reviews two books covering Brown vs. Bakke in The Washington Post. Chambers discusses ‘The Bakke Case: Politics of Inequality’ by Joel Dreyfuss and Charles Lawrence III, and ‘From Brown to Bakke: The Supreme Court and School Integration’ by J. Harvie Wilkinson.
Review Of The Legal Needs Of The Public, , Richard Lempert
Review Of The Legal Needs Of The Public, , Richard Lempert
Reviews
Both the title, The Legal, Needs of the Public, and the subtitle, The Final, Report of a National, Survey, of this volume are, quite fortunately, inapt. The report does not seek to quantify the legal needs of the public or to determine whether "needs" are being "met," and we are told by both Barbara Curran in her preface and Spencer Kimball in his foreword that this "final report" signifies the beginning and not the end of data analysis. This study (which I shall call the ABF study) is a joint undertaking of the American Bar Association Special Committee to Survey …
Review Of Law In A Changing America, Richard O. Lempert
Review Of Law In A Changing America, Richard O. Lempert
Reviews
This collection of essays, prepared as background reading for a conference sponsored by the American Assembly and the American Bar Foundation on the goals of the legal profession in the years ahead, begins and ends with a bow toward changing America. The first chapter is an attempt by sociologist Wilbert Moore, the only non-lawyer among the essayists, to sketch generally the patterns of social and political structure likely to pertain in the near future.