Law Commons^™

Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review Of Leadership On The Federal Bench: The Craft And Activism Of Jack Weinstein, By Jeffrey B. Morris, Elizabeth A. Schneider

Journal of Legal Education

No abstract provided.

Book Review Of Representing Justice: Invention, Controversy, And Rights In The City-States, And Democratic Courtrooms, By Judith Resnik And Dennis Curtis, Amy Widman

Journal of Legal Education

No abstract provided.

A Death In The Delta: The Story Of Emmett Till (Book Review), Raymond Diamond

Raymond T. Diamond

No abstract provided.

The Rationalist Tradition At Trial, James L. Kainen

James L. Kainen

Analysis of Evidence: How to Do Things With Facts Based On Wigmore's Science of Judicial Proof, By Terrence Anderson and William Twining (with an Appendix on Probablity and Proof by Philip Dawid). Little, Brown and Company, and London: George Weidenfeld and Nicolson, Ltd., 1991. Pp. 457. $22.00. (Teacher's Manual. Pp. 181)

Book Review Of Freedom To Harm: The Lasting Legacy Of The Laissez-Faire Revival, By Thomas O. Mcgarity, Joel A. Mintz

Journal of Legal Education

No abstract provided.

Book Review Of Simpler: The Future Of Government, By Cass Sunstein, Bernard W. Bell

Journal of Legal Education

No abstract provided.

R. Blake Brown. Arming And Disarming: A History Of Gun Control In Canada., William G. Merkel

William G. Merkel

No abstract provided.

Looking For Mr. (Or Ms.) Rights, Jack M. Beermann

Shorter Faculty Works

I am on the prowl. It’s 1 a.m. and I’ve been looking for Mr. (or Ms.) Rights all night. I’ve been hanging out in every Article of the Constitution of the United States and I have been deep into the pages of the United States Reports and the Federal Reporter. Oh, I have found plenty of negative rights, like the right to be free from cruel and unusual punishment and the right not to be twice placed in jeopardy for the same criminal act. But I need something more positive in my life. I want those things that make a …

Internalizing The Costs Of Employment Law Violations, Michael C. Harper

Faculty Scholarship

David Weil’s new book on the fragmenting of internal labor markets in many American industries, The Fissured Workplace, should be read by all who wish to understand how the challenges to enforcing laws designed to protect American workers have become greater as the institutional structures and processes through which American businesses produce and deliver goods and services have continued to evolve. This book should be read not primarily because President Obama last year nominated Weil, a Boston University School of Management Professor, to head the Wage and Hour Division of the Department of Labor or because the book includes several …

Bernard S. Meyer Et Al., The History Of The New York Court Of Appeals, 1932-2003, Meredith R. Miller

Touro Law Review

No abstract provided.

Book Review Of Legal Intellectuals In Conversation: Reflections On The Construction Of Contemporary American Legal Theory, By James R. Hackney, Jr., Paul Horwitz

Journal of Legal Education

No abstract provided.

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.

Book Review Of Can Might Make Rights? Building The Rule Of Law After Military Interventions, Lan Cao

Lan Cao

No abstract provided.

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 …

Book Review Of Public Interest Lawyering: A Contemporary Perspective, By Alan K. Chen And Scott Cummings, Catherine Albiston

Journal of Legal Education

No abstract provided.

Against The Profit Motive: The Salary Revolution In American Government, 1780–1940 (Book Review), Michael S. Ariens

Faculty Articles

In Against the Profit Motive, Nicholas R. Parrillo expertly explains how and why state and federal governments moved from paying their employees fees to paying them salaries. The book offers insights into the history of government finance and administrative law, shifting dramatically in time, subject matter, and geography. The book begins with a helpful fifty-page introductory summary and then is divided into two parts, each of which considers a type of activity that generated fees for government officers: facilitative payments and bounties. Further, Against the Profit Motive illustrates, in the disparate areas of criminal law enforcement, tax collection, and naval …

The Invention Of Murder: How The Victorians Revelled In Death And Detection And Created Modern Crime (Book Review), Michael S. Ariens

Faculty Articles

The Invention of Murder, by Judith Flanders, is an extraordinary achievement—an exhaustively researched history of 19th-century Great Britain written with verve. Flanders uses the conceit of murder to immerse the reader in 19th-century legal, cultural, and social history. Her depth of knowledge appears to encompass everything related to every murder during this place and time. As a legal history, the book explains a number of developments in English law. As a cultural history, the book discusses the importance in the early 19th century of broadsides, penny-bloods, illegal penny-gaffs, licensed plays, and newspapers; all centered around murder and mayhem. As a …

Tocqueville's Nightmare: The Administrative State Emerges In America, 1900-1940 (Book Review), Michael Ariens

Faculty Articles

No abstract provided.

Book Review, Anna Spain

Publications

No abstract provided.

Don't Give Up On Taxes, Linda Sugin

Faculty Scholarship

Professor Sugin discusses professor Edward D. Kleinbard's latest book, We are Better Than This (2015, Oxford) about the fiscal system and the broader implications of progressive taxation as a policy goal.

Mismatch: How Affirmative Action Hurts Students It’S Intended To Help, And Why Universities Won’T Admit It (Book Review), Michael S. Ariens

Faculty Articles

Mismatch is one of the most important books about law and public policy published recently. The authors, Richard H. Sander and Stuart Taylor, Jr., offer a provocative and deeply researched conclusion: empirical evidence strongly suggests that affirmative action in the admission of African-Americans and Hispanics to selective colleges and law schools is more harmful than helpful.

The problem of underrepresentation of African-Americans and Hispanics in the American legal profession is a continuing problem. But the work of Richard Sander strongly indicates that relying on the power of affirmative action has generated deleterious effects for those this “solution” was designed to …

The Collini Case: A Novel (Book Review), Michael S. Ariens

Faculty Articles

Ferdinand von Schirach is a German criminal defense lawyer who has previously published two vivid and brilliant short story collections. His latest book, The Collini Case: A Novel, like his short stories, gives the reader telling details that offer insights into the human condition. But The Collini Case seems less interested in its characters than in teaching about the continuing stain of Germany’s past. This leads von Schirach to use stock figures who have suffered stock tragedies and who engage in stock actions. The novel is simply not realistic enough to suspend disbelief, and only barely avoids being a melodrama. …

Backlash And Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.

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

Scholarly Works

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 Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.

Book Review, David R. Boyd, The Right To A Healthy Environment, Revitalizing Canada's Constitution, Bradford Mank

Faculty Articles and Other Publications

Boyd’s new book, The Right to a Healthy Environment, attempts to prove that Canadians would benefit if they amended their constitution to recognize the right to a healthy environment. Throughout this work, he emphasizes the general benefits of recognizing environmental rights as human rights and the positive impact recognizing these rights in the Canadian constitution would have on the lives of Canadian citizens. He examines the gradual domestic emergence of environmental rights both in Canadian law and from a global perspective. By including both viewpoints, Boyd attempts to identify the complexities and intricate questions that arise regarding various environmental issues …

The Hanging Judge By Michael A. Ponsor––Capital Punishment: Is The Death Penalty Worth The Price?, Beth D. Cohen, Pat K. Newcombe

Cleveland State Law Review

No abstract provided.

Jonathan Crowe & Kylie Weston-Scheuber: Principles Of International Humanitarian Law (Edward Elgar 2013), Chelsea Zimmerman

Human Rights Brief

No abstract provided.

Review Essay: Bilingual Legal Education In The United States: An Idea Whose Time Has Come, S. I. Strong

Faculty Publications

The long-standing and close connection among law, language and the state has traditionally led law schools to provide legal education in a single language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language. Indeed, bilingual legal education could in some cases be viewed as potentially contrary to state interests, given that "[t]he main instrument of nation-building is the imposition of a common state language."' However, the historical model of monolingual legal education may be in jeopardy. For example, …