Law Commons^™

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 …

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

Scholarly Works

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 …

Do Lawyers Need Economists? Review Of Katja Langenbucher, Economic Transplants: On Lawmaking For Corporations And Capital Markets (Cambridge U. Press, 2017), Reuven S. Avi-Yonah

Law & Economics Working Papers

Katja Langenbucher’s outstanding book seeks to address the question of why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticized for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This excellent book presents a new approach to the risks and benefits of interdisciplinary …

Keeping Up With New Legal Titles, Franklin L. Runge

Library Scholarship

This review examines Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System, a new book by Alec Karakatsanis.

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

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

Seattle Journal for Social Justice

No abstract provided.

Review Of The 360 Librarian: Integrating Mindfulness, Emotional Intelligence, And Critical Reflection In The Workplace, Geraldine R. Kalim

Articles, Chapters and Online Publications

Review of Owens, T.M. and Daul-Elhindi, C.A. (2020).The 360 librarian: A framework for integrating mindfulness, emotional intelligence, and critical reflection in the workplace. Chicago: Association of College and Research Libraries. 164pp.

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

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

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

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 …

Congressional Power To Guarantee State Democracy, Benjamin Plener Cover

Articles

No abstract provided.

Why Study Tax History?, Reuven S. Avi-Yonah

Law & Economics Working Papers

This book review addresses the question why studying tax history is helpful to tax policy makers and practitioners.

Review Of Friendship In The Hebrew Bible By Saul M. Olyan, Ethan J. Leib

Faculty Scholarship

No abstract provided.

De-Democratizing Criminal Law, Benjamin Levin

Publications

No abstract provided.

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 …

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 …