Law Commons^™

Book Review: Body Banking From The Bench To The Bedside, Natalie Ram

All Faculty Scholarship

How much is a kidney worth? An ounce of breast milk? Genetic material from an individual facing a Parkinson's diagnosis? In today's America, it depends on who is selling. One might think that such body products are beyond value or that their value depends on the individual characteristics of the supplier. But under existing American law and practices, what matters more is whether the seller is also the supplier of that body product, or whether the seller is another entity, such as a pharmaceutical company, hospital, or biobanker.

Book Review Of "Judging Statutes" By Robert Katzmann, Peter Strauss

Journal of Legal Education

No abstract provided.

Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda

Journal of Legal Education

No abstract provided.

Book Review Of "Natural Law In Court: A History Of Legal Theory In Practice" By R.H. Helmholz, Stuart Banner

Journal of Legal Education

No abstract provided.

Book Review: The Color Of Our Shame: Race And Justice In Our Time, By Christopher J. Lebron, David B. Lyons

Faculty Scholarship

Ideal theory seeks to identify the basic conditions of social justice but does not tell us how to achieve them. Christopher Lebron’s important new book The Color of Our Shame is a philosophically enterprising venture in non-ideal theory, suggesting how we might bring about racial equality in America. A reader who is passingly familiar with civil rights developments of the 1950s and 1960s might imagine that racial inequality is a disappearing vestige of past discrimination; so an essential step in Christopher Lebron’s argument is to establish that racial inequality remains a grave issue half a century later. That task is …

Glass Half Full: The Decline And Rebirth Of The Legal Profession (Book Review), Michael S. Ariens

Faculty Articles

No abstract provided.

Book Review Of Freedom Has A Face: Race, Identity And Community In Jefferson's Virginia, By Kirt Von Daacke, Alfred L. Brophy

Journal of Legal Education

No abstract provided.

Book Review Of Banking On The Body: The Market In Blood, Milk, And Sperm In Modern America, By Kara Swanson, Mary Mitchell

Journal of Legal Education

No abstract provided.

Book Review Of What Wroks For Women At Work: Four Patterns Working Women Need To Know, By Joan C. Williams And Rachel Dempsey, Naomi Cahn, June Carbone

Journal of Legal Education

No abstract provided.

A Review Of "Climate Justice: Vulnerability And Protection," By Henry Shue, Edwardo Rhodes

Indiana Journal of Global Legal Studies

Henry Shue's Climate Justice: Vulnerability and Protection offers an extremely useful and readable guide to the key challenges, workable objectives, and possible responses to a major-if not the major-global problem faced today. For anyone interested or working in the area of international carbon emission control and remediation, this book places the subject in a combined philosophical and economic development framework while imposing an overarching principle of fairness.

Henry Shue presents an interesting and informative collection of essays and articles on climate change and the need for a method of global response to deal with the prickly issues of global warming. …

Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

Book Review Of Nature's Trust: Environmental Law For A New Ecological Age, By Mary Christina Wood, Doug Williams

Journal of Legal Education

No abstract provided.

Book Review Of Marriage Markets: How Inequality Is Remaking The American Family, By June Carbone Naomi Cahn, Deborah Zalesne, John Guyette

Journal of Legal Education

No abstract provided.

Book Review Of The Glass Cage: Automation And Us, By Nicholas Carr, Rodger D. Citron

Journal of Legal Education

No abstract provided.

Book Review: Private International Law In English Courts, S. I. Strong

Faculty Publications

Although debates about cooperation versus competition make for good scholarly fodder, this issue actually has an important practical component, as demonstrated by Professor Adrian Briggs of the University of Oxford in his masterful new book, Private International Law in English Courts. Like all truly superlative texts, Professor Briggs's book is deceptively accessible. The prose is not only elegant and eloquent, it is peppered with the dry wit one would expect from an Oxford don.

Book Review Of Storytelling For Lawyers, By Philip N. Meyer, Marshall Goldberg

Journal of Legal Education

No abstract provided.

Book Review: Carol Haber, The Trials Of Laura Fair: Sex, Murder, And Insanity In The Victorian West, Benedetta Faedi Duramy

Publications

During the nineteenth century, the inquisitorial justice system, in which the investigation was typically overseen by a prosecutor or an examining magistrate, and the conduct of the trial was largely in the hands of the court, was replaced by the adversarial justice system. In the adversarial model, both the prosecutor and the defense were responsible for gathering evidence and presenting a narrative of the crime during the trial. Therefore, the courtroom became a sentimental theater in which opposing counsels recreated for the jury the story of the defendant and the events leading to the crime. The trial, therefore, represented the …

Book Review Of For Discrimination: Race, Affirmative Action And The Law, By Randall Kennedy, Mae Kuykendall

Journal of Legal Education

No abstract provided.

Book Review Of My Beloved World, By Sonia Sotomayor, Lisa Marshall Manheim, Elizabeth G. Porter

Journal of Legal Education

No abstract provided.

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 …

Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

Robert Kolb's The International Court of Justice is a monumental tribute to the enormous historical and legal contributions of the International Court of Justice (ICJ) and its predecessor. the Permanent Court of International Justice (PCIJ), as well as an excellent resource about the complex procedural provisions of both institutions. Kolb, a professor of public international law at the University of Geneva, wrote the original version in French (La Cour internntionale de justice (published by Pedone in 2013)), and he slightly updated it for the English version reviewed here. Alan Perry, solicitor of The Senior Courts of England and Wales, translated …

Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

Law Faculty Publications

Against this dark narrative genre, Carel Stolker‘s new book, Rethinking the Law School, stands in sharp contrast. Having been both a law school dean and university president at Leiden University in The Netherlands, Stolker brings the perspective of a dean who has sought to innovate, and of a university president who has dealt with the political, academic, financial, and managerial complications of a modern university. The book offers a broad look at legal education around the world, along with a thoughtful exposition of the challenges facing law schools and law deans. Stolker is no cheerleader for the current state of …

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.

Book Review: Michael Stokes Paulsen And Luke Paulsen, The Constitution: An Introduction, Shlomo Slonim

Case Western Reserve Law Review

Anyone interested in learning more about the Constitution, its interpretation and development over the past two-plus centuries, and which issues are today the most critically divisive, will find this work to be a superb and eminently readable introduction. It is instructive and enlightening without being ponderous. The prose is crisp and straightforward, unburdened by legal jargon. There are no footnotes or endnotes. And the reader requires no legal dictionary to appreciate the thrust of the discussion at each point.

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

Articles

No abstract provided.

Book Review: Analyzing The Effectiveness Of The Tallinn Manual’S Jus Ad Bellum Doctrine On Cyberconflict,: A Nato-Centric Approach, Terence Check

Cleveland State Law Review

Review of: Tallinn Manual on the International Law Applicable to Cyber Warfare, Michael Schmitt, ed., New York: Cambridge University Press, 2013.

Game Of Drones, Mary O'Connell

Journal Articles

Reviewing three 2015 treatises on Drone War

A Theory of the Drone. By Grègoire Chamayou. Translated by Janet Lloyd. New York, London: The New Press, 2015. Pp. 292. Index. $26.95.

International Law and Drone Strikes in Pakistan: The Legal and Socio-political Aspects. By Sikander Ahmed Shah. London, New York: Routledge, 2015. Pp. viii, 247. Index. $145.

Sudden Justice: America's Secret Drone Wars. By Chris Woods. Oxford, New York: Oxford University Press, 2015. Pp. xvi, 386. Index. $27.95.