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Full-Text Articles in Law

Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann Dec 2020

Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann

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The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin …


Daniel Amsterdam's Roaring Metropolis: Businessmen's Campaign For A Civic Welfare State, Laura Phillips Sawyer Jan 2019

Daniel Amsterdam's Roaring Metropolis: Businessmen's Campaign For A Civic Welfare State, Laura Phillips Sawyer

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Daniel Amsterdam’s Roaring Metropolis: Businessmen’s Campaign for a Civic Welfare State challenges the conventional narrative of early twentieth-century American businessmen as promoting laissezfaire or antistatist politics. Instead, as Amsterdam argues, elite business leaders campaigned vigorously for greater municipal spending on civic welfare projects, which included building and improving public schools, public health infrastructure, parks and playgrounds, libraries, and museums. Rather than focus on national-level business in- government, his narrative traverses multiple cities (Detroit, Philadelphia, and Atlanta) to demonstrate both the diversity of political challenges and institutional constraints that civic-minded reformers faced as well as the striking convergence of civic welfare …


Pressing Charges, Zohra Ahmed Jan 2017

Pressing Charges, Zohra Ahmed

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There is a prosecutor in Manhattan Criminal Court who wears a Black Lives Matter button on the job. One day, a group of public defenders, myself included, found him alone in a courtroom where only quality of life offenses are heard, authorizing plea bargains more lenient than the standard recommendations of the New York County District Attorney’s office: reducing fines, reducing community service, even avoiding convictions. The button seemed a puzzling appropriation for a prosecutor. At the height of the Black Lives Matter movement in 2015, after all, public defenders had worn the same pins in court only to face …


Intentionalism Justice Scalia Could Love, Hillel Y. Levin Jan 2015

Intentionalism Justice Scalia Could Love, Hillel Y. Levin

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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.


Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer Jan 2014

Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer

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Paul Moreno, the Grewcock Chair in Constitutional History at Hillsdale College, sets out to explain how the natural rights constitutionalism of the Founders was replaced by an ‘entitlement-based welfare state of modern liberalism’ by the late 1930s. The book is an ‘analytic narrative’, drawing on both constitutional theory and current ‘public choice’ law and economics, and contributes to recent scholarship by libertarian-minded legal scholars, such as David Bernstein and David Mayer, among others.


Book Review: "Bishop & Zucker On Nevada Corporations And Llcs", Rachel J. Anderson Jan 2013

Book Review: "Bishop & Zucker On Nevada Corporations And Llcs", Rachel J. Anderson

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In this piece written for The Writ, the official publication of the Washoe County Bar Association, Prof. Rachel Anderson reviews Bishop and Zucker on Nevada Corporations & LLCs.


Book Review - Richard Hyland's Gifts: A Study In Comparative Law, Iris Goodwin Jan 2010

Book Review - Richard Hyland's Gifts: A Study In Comparative Law, Iris Goodwin

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This essay is a lengthy review of Richard Hyland's Gifts: A Study in Comparative Law (OUP, 2009), a masterpiece of comparative law scholarship.


What Do We Really Know About The American Choice-Of-Law Revolution?, Hillel Y. Levin Oct 2007

What Do We Really Know About The American Choice-Of-Law Revolution?, Hillel Y. Levin

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This Book Review reviews Symeon Symeonides's recent book, The American Choice-of-Law Revolution: Past, Present and Future. I conclude that the book is required reading in the field and that it pushes the law in the right direction in significant ways. However, I suggest that it falls short in its effort to tell the full story of the Revolution, for two reasons. First, the data set is limited to published opinions. Second, we cannot evaluate the Revolution simply by looking at judicial opinions. I argue that scholarship and practice in Conflicts must reengage with one another, and offer a framework for …


Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana Jan 2005

Aliens In Our Midst Post-9/11: Legislating Outsider-Ness Within The Borders, Sylvia R. Lazos, Raquel E. Aldana

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Three recent books written by Professors Bill Ong Hing, Kevin R. Johnson, and Victor C. Romero provide skillfully crafted roadmaps with which to understand the key emerging issues that will shape immigration law well into the next decade: the relationship of immigration control to national security. This Review captures the insights provided by these three authors to examine the restrictive laws and policies aimed at noncitizens in the name of national security as highlighted by the current efforts to federalize driver’s licenses. As this Review explains, these three books map the current antagonistic attitudes towards noncitizens post 9/11, and serve …


How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn Jan 2003

How City Hall Causes Sprawl - A Case Study (Book Review), Michael Lewyn

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Some commentators have labeled Atlanta, Ga. as America's poster child for sprawl. Atlanta is highly auto-oriented, and suffers from higher levels of traffic congestion and air pollution than most other cities. This book review explains how sprawl happened in Atlanta - not through the mysterious invisible hand of the free market, but through transportation and zoning decisions made by city officials.


Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos Jan 2000

Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos

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This Essay reviews “Notes of a Racial Caste Baby, Colorblindness and the End of Affirmative Action” by Bryan K. Fair, “How Did You Get to Be a Mexican? a White/Brown Man's Search for Identity” by Kevin R. Johnson, and “To be an American: Cultural Pluralism and the Rhetoric of Assimilation” by Bill Ong Hing. This Essay examines the potential contributions each book makes to legal scholarship and the popular press. The Essay first describes how each author uses the autobiographical narrative and what these narratives accomplish. The Essay examines each book's legal agenda and assesses how well each author achieves …


Profit, Progress And Moral Imperatives, Deborah W. Post Jan 1993

Profit, Progress And Moral Imperatives, Deborah W. Post

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No abstract provided.