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Full-Text Articles in Law

How Racism Persists In Its Power, Deborah N. Archer Apr 2022

How Racism Persists In Its Power, Deborah N. Archer

Michigan Law Review

A Review of The Fire Next Time. By James Baldwin.


Lawyers, Mistakes, And Moral Growth, Vincent R. Johnson Jan 2022

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.


The Public Trust And The Chicago Lakefront: Review Of Kearney & Merrill’S Lakefront: Public Trust And Private Rights In Chicago (Cornell U. Press, 2021), Michael C. Blumm Jan 2022

The Public Trust And The Chicago Lakefront: Review Of Kearney & Merrill’S Lakefront: Public Trust And Private Rights In Chicago (Cornell U. Press, 2021), Michael C. Blumm

Michigan Journal of Environmental & Administrative Law

Joseph Kearney and Thomas Merrill’s brilliantly illustrated LAKEFRONT is sure to win American legal history awards for its riveting history of the machinations behind the preservation of the magnificent Chicago lakefront, now dominated by public spaces. The authors weave together a compelling account of how the law affected the development of the post-fire Chicago in the late 19th and 20th centuries—largely made by lawyers and courts and only ratified by legislatures. The book’s title suggests that the story is largely about the public trust doctrine (PTD). But the doctrine is hardly the centerpiece of the authors’ story. What they have …


In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms. Jul 2020

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.


Book Review: The Long Journey To Software Valuation: Risks And Rewards Ahead By Dwight Olson, Duncan C. Card Jun 2020

Book Review: The Long Journey To Software Valuation: Risks And Rewards Ahead By Dwight Olson, Duncan C. Card

Canadian Journal of Law and Technology

One of the most difficult challenges for any technology start-up, and for its investors, is how to assess the commercial value of their innovative product or service solution. Much-needed guidance on that challenge has finally arrived. Dwight Olson’s The Long Journey To Software Valuation, released on March 1st of this year, provides tremendous assistance for both owners of those assets and all potential investors. In fact, the arrival of Mr. Olson’s book is a relief. As my law practice has been, and remains, devoted to aggressively commercializing technology (including software) for over 25 years, I personally know how welcome …


Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot, Michael Conklin Jun 2020

Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot, Michael Conklin

Seattle Journal for Social Justice

No abstract provided.


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …


Maine Corporation Law & Practice, Gregory S. Fryer Apr 2020

Maine Corporation Law & Practice, Gregory S. Fryer

Maine Law Review

The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …


Trial Handbook For Maine Lawyers, Joel C. Martin Apr 2020

Trial Handbook For Maine Lawyers, Joel C. Martin

Maine Law Review

Lawyers Cooperative Publishing has issued trial handbooks for practitioners in some twenty-three states. One now appears for Maine lawyers, under the supervision of Bob Stolt of the Maine Bar. Trial Handbook for Maine Lawyers is a single-volume compendium of Maine precedent and practice as they relate to trials. Excluding the discovery matters that precede the trial and the appeal that may follow it, the book focuses on the actual conduct of the trial, from jury selection to verdict and judgment. In between, it covers the necessary matters: opening statements, the order and burden of proof, examination of witnesses, evidence, damages, …


Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang Apr 2020

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 …


Movements, Moments, And The Eroding Antitrust Consensus, Michael Wolfe Jan 2020

Movements, Moments, And The Eroding Antitrust Consensus, Michael Wolfe

Fordham Intellectual Property, Media and Entertainment Law Journal

Timothy Wu, The Curse of Bigness: Antitrust in the New Gilded Age (Columbia Global Reports, 2018). $14.99.

Timothy Wu’s book, The Curse of Bigness, offers a brief history on and critical perspective of antitrust law’s development over the last century, calling for a return to a Brandeisian approach to the law. In this review-essay, I use Wu’s text as a starting point to explore antitrust law’s current political moment. Tracing the dynamics at play in this debate and Wu’s role in it, I note areas underexplored in Wu’s text regarding the interplay of antitrust law with other forms of …


Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson Dec 2018

Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


Reclaiming A Great Judge's Legacy, Frank M. Coffin Apr 2018

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 Apr 2018

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 Apr 2018

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.


Basic Trial Advocacy, Michael W. Mullane Apr 2018

Basic Trial Advocacy, Michael W. Mullane

Maine Law Review

Mary Crates taught me to “begin as you mean to go on.” Peter Murray's book is a good place to begin for those embarking on a life of trial advocacy. For those of us whose beginnings are distant and often painful memories, it is an excellent reminder of where we meant to go. Trial advocacy is an infinitely complex task. This simple fact is both its joy and curse. Teaching trial advocacy is equally difficult. There is no “never” and no “always.” There is a host of commonly accepted maxims, many of which are contradictory on their face and all …


Maine Corporation Law & Practice, 2nd Edition, George F. Eaton Ii, Kristy M. Smith Nov 2017

Maine Corporation Law & Practice, 2nd Edition, George F. Eaton Ii, Kristy M. Smith

Maine Law Review

In 2001, several members of the Business Law Section of the Maine Bar Association convened the Corporate Law Revision Committee (the Committee), which set out to adapt the Model Business Corporation Act (the Model Act) for use in Maine. Maine's corporation law had not benefited from a comprehensive over-haul since 1971, and notwithstanding periodic updates of specific components of the statutory regime over the years, a thorough and comprehensive revision was needed to keep pace with modern corporate law and practice in the twenty-first century. The Committee's efforts, under the leadership of James B. Zimpritch, Esq., widely acknowledged as the …


Book Review: Proposals For Creating A Realistic Family Court For The Future, Theresa Furnari, Melissa View Jan 2017

Book Review: Proposals For Creating A Realistic Family Court For The Future, Theresa Furnari, Melissa View

University of Baltimore Law Forum

During one of the snowstorms in the winter of 2016, I sat before the fireplace and read Divorced from Reality: Rethinking Family Dispute Resolution, by Jane C. Murphy and Jana B. Singer. Because I know the authors and their wealth of experience in family law, as well as their sincere interest in improving the effectiveness of the family law court, I was delighted when asked to share my opinion of the book. As a Family Magistrate in a high volume court, it never ceases to amaze me of the variety of issues the court is confronted with on a …


Book Review Of "Divergent Paths: The Academy And The Judiciary" By Richard A. Posner, Michael C. Dorf Sep 2016

Book Review Of "Divergent Paths: The Academy And The Judiciary" By Richard A. Posner, Michael C. Dorf

Journal of Legal Education

No abstract provided.


Book Review Of Wedlocked: The Perils Of Marriage Equality—How African Americans And Gays Mistakenly Thought Marriage Equality Would Set Them Free By Katherine Franke, Brian H. Bix May 2016

Book Review Of Wedlocked: The Perils Of Marriage Equality—How African Americans And Gays Mistakenly Thought Marriage Equality Would Set Them Free By Katherine Franke, Brian H. Bix

Journal of Legal Education

No abstract provided.


Book Review Of Making The Modern American Fiscal State: Law, Politics And The Rise Of Progressive Taxation By Ajay K. Mehrotra, Steven A. Bank May 2016

Book Review Of Making The Modern American Fiscal State: Law, Politics And The Rise Of Progressive Taxation By Ajay K. Mehrotra, Steven A. Bank

Journal of Legal Education

No abstract provided.


Book Review Of Building On Best Practices: Transforming Legal Education In A Changing World By Deborah A. Maranville, Lisa Bliss, Carolyn Wilkes Kaas And Antoinette Sedillo Lopez, Jeffrey R. Baker May 2016

Book Review Of Building On Best Practices: Transforming Legal Education In A Changing World By Deborah A. Maranville, Lisa Bliss, Carolyn Wilkes Kaas And Antoinette Sedillo Lopez, Jeffrey R. Baker

Journal of Legal Education

No abstract provided.


Who Are You Calling Irrational?, Aneil Kovvali Apr 2016

Who Are You Calling Irrational?, Aneil Kovvali

Northwestern University Law Review

Nudges are interventions that encourage people to make particular choices by shaping the context in which the choices are made. These interventions can have major impacts because of quirks in the way that human beings process information. Cass Sunstein places nudges at the core of a regulatory philosophy of “libertarian paternalism,” which suggests that while the government should generally preserve the freedom of citizens to make their own choices, it should also intervene to improve on the choices it deems self-destructive. In Why Nudge?, Sunstein defends libertarian paternalism against John Stuart Mill’s Harm Principle, which holds that the government …


The Unconscionable War On Moral Conscience, Michael Stokes Paulsen Apr 2016

The Unconscionable War On Moral Conscience, Michael Stokes Paulsen

Notre Dame Law Review

My thesis in this review builds on and is inspired in part by George’s book: Where, or to the extent that, a conflict between conscience and authority reduces to a pure stand on principle by each side—sincere conscience for its sake versus authority for its—in a free society conscience should almost always win. The only time that claims of government authority should triumph over genuine claims of religious conscience is when religiously motivated conduct would produce essentially intolerable harm to others—harm of a kind and degree that would lead one to conclude (in effect, not literally) that it is inconceivable …


Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas Feb 2016

Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson Feb 2016

Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson

Journal of Legal Education

No abstract provided.


Book Review Of "The Triumph, Tragedy And Lost Legacy Of James M. Landis: A Life On Fire" By Justin O'Brien, Duncan Farthing-Nichol Feb 2016

Book Review Of "The Triumph, Tragedy And Lost Legacy Of James M. Landis: A Life On Fire" By Justin O'Brien, Duncan Farthing-Nichol

Journal of Legal Education

No abstract provided.


Crime, Desire And Law’S Unconscious: Law, Literature And Culture, By David Gurnham, Greig Henderson Jan 2016

Crime, Desire And Law’S Unconscious: Law, Literature And Culture, By David Gurnham, Greig Henderson

Osgoode Hall Law Journal

Book review of Crime, Desire and Law’s Unconscious: Law, Literature and Culture, by David Gurnham.


The Canadian Law Of Toxic Torts, By Lynda Collins & Heather Mcleod-Kilmurray, Meinhard Doelle Jan 2016

The Canadian Law Of Toxic Torts, By Lynda Collins & Heather Mcleod-Kilmurray, Meinhard Doelle

Osgoode Hall Law Journal

Book review of The Canadian Law of Toxic Torts.


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …