Law Commons^™

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

James L. Kainen

No abstract provided.

Crossing The Constitutional Line: Due Process And The Law Enforcement Justification, Gail M. Greaney

Notre Dame Law Review

No abstract provided.

What Is Access To Justice?, Trevor C. W. Farrow

Osgoode Hall Law Journal

Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …

Free Press-Fair Trial: Review Of Silence Orders, Doug Rendleman

Doug Rendleman

None available

Are Mandatory Class Actions Unconstitutional, Patricia Anne Solomon

Notre Dame Law Review

No abstract provided.

Brief For Amici Curiae Professors Of Law In Support Of Petitioner, Neil Vidmar, Lisa Kern Griffin

Faculty Scholarship

No abstract provided.

Evolving Values, Animus, And Same-Sex Marriage, Daniel O. Conkle

Indiana Law Journal

In this Essay, I contend that a Fourteenth Amendment right to same-sex marriage will emerge, and properly so, when the Supreme Court determines that justice so requires and when, in the words of Professor Alexander Bickel, the Court’s recognition of this right will “in a rather immediate foreseeable future . . . gain general assent.” I suggest that we are fast approaching that juncture, and I go on to analyze three possible justifications for such a ruling: first, substantive due process; second, heightened scrutiny equal protection; and third, rational basis equal protection coupled with a finding of illicit “animus.” I …

How Congress Should Fix Personal Jurisdiction, Stephen E. Sachs

Faculty Scholarship

Personal jurisdiction is a mess, and only Congress can fix it. The field is a morass, filled with buzzwords of nebulous origin and application. Courts have sought a single doctrine that simultaneously guarantees convenience for plaintiffs, fairness for defendants, and legitimate authority for the tribunal. Caught between these goals, we've let each new fact pattern pull precedent in a different direction, robbing litigants of certainty and blunting the force of our substantive law.

Solving the problem starts with reframing it. Rather than ask where a case may be heard, we should ask who may hear it. If the parties are …

Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin

Human Rights Brief

No abstract provided.

The Pre-History Of Piracy As A Crime & Its Definitional Odyssey, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.