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Articles 601 - 630 of 2072
Full-Text Articles in Law
September 11, 2012: Technology Is Inefficient, Bruce Ledewitz
September 11, 2012: Technology Is Inefficient, Bruce Ledewitz
Hallowed Secularism
Blog post, “Technology is Inefficient“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz
September 6, 2012: Beating The Drums For War With Iran, Bruce Ledewitz
Hallowed Secularism
Blog post, “Beating the Drums for War with Iran“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Contractualism In The Law Of Treaties, Omar M. Dajani
Contractualism In The Law Of Treaties, Omar M. Dajani
Michigan Journal of International Law
When Henry Sumner Maine famously observed that "the movement of the progressive societies has hitherto been a movement from Status to Contract," he was invoking contract not as a device for binding parties to their commitments but, rather, as a metaphor for freedom. That metaphor lies at the heart of what legal scholars have come to call contractualism (or, sometimes, contractarianism)-the idea that people should be free to decide with whom, for what, and on which terms they enter agreements and that the law should minimize the constraints it places on these decisions. It is a proposition rooted in the …
August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz
August 11, 2012: One Way Of Understanding Contributions To Philosophy, Bruce Ledewitz
Hallowed Secularism
Blog post, “One Way of Understanding Contributions to Philosophy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz
June 10, 2012: Cut Off From Blame And Punishment, Bruce Ledewitz
Hallowed Secularism
Blog post, “Cut Off from Blame and Punishment“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz
June 8, 2012: How Do The Draft Cases Aid In Resolution Of The Culture Wars?, Bruce Ledewitz
Hallowed Secularism
Blog post, “How Do the Draft Cases Aid in Resolution of the Culture Wars?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner
Revisiting Extraterritoriality After Al-Skeini: The Echr And Its Lessons, Barbara Miltner
Michigan Journal of International Law
On July 7, 2011, the European Court of Human Rights, sitting as a Grand Chamber, handed down two long-awaited judgments on the subject of the extraterritorial reach and scope of the European Convention on Human Rights (ECHR). In both Al-Skeini v. United Kingdom and Al-Jedda v. United Kingdom, the underlying issue was whether or not the United Kingdom was bound by its treaty obligations under the ECHR with regard to its military presence in Iraq. Al-Skeini involved the joined claims of six Iraqi nationals whose relatives were killed while allegedly under U.K. jurisdiction in Iraq; they claimed a lack of …
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
May 30, 2012: Seeger—An Extraordinary Case, Bruce Ledewitz
Hallowed Secularism
Blog post, “Seeger—an Extraordinary Case“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
May 27, 2012: Happy Memorial Day, Bruce Ledewitz
Hallowed Secularism
Blog post, “Happy Memorial Day“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah
Review Of The Making Of Tax Law: The Development Of The Swedish Tax System, Reuven S. Avi-Yonah
Reviews
Imagine that a single person had been responsible for all U.S. tax reforms enacted from 1974 to 2012. That was the position of Sven-Olof Lodin, the former president of the International Fiscal Association. For more than 40 years, professor Lodin was the most influential voice in Swedish tax policy. This was not in a single, official governmental capacity, but rather as a member of more than 20 government commissions and working parties on taxation, which were responsible for all the major changes in Swedish tax law in recent decades, including the "Tax Reform of the Century" in 1991. In this …
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Yick Wo At 125: Four Simple Lessons For The Contemporary Supreme Court, Marie A. Failinger
Michigan Journal of Race and Law
The 125th anniversary of Yick Wo v. Hopkins is an important opportunity to recognize the pervasive role of law in oppressive treatment of Chinese immigrants in the nineteenth and twentieth centuries. It is also a good opportunity for the Supreme Court to reflect on four important lessons gleaned from Yick Wo. First, the Court should never lend justification to the evil of class discrimination, even if it has to decline to rule in a case. Second, where there is persistent discrimination against a minority group, the Court must be similarly persistent in fighting it. Third, the Court needs to take …
Restoring Restitution To The Canon, Douglas Laycock
Restoring Restitution To The Canon, Douglas Laycock
Michigan Law Review
The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …
Facades Of Justice, Norman W. Spaulding
Facades Of Justice, Norman W. Spaulding
Michigan Law Review
Representing Justice is a book of encyclopedic proportions on the iconography of justice and the organization of space in which adjudication occurs. Professors Judith Resnik and Dennis Curtis have gathered a provocative array of images, ranging from the scales of the Babylonian god Shamash-"judge of heaven and earth"-on a 4,200-year-old seal (pp. 18- 19 & fig. 23), and a 600-year-old painting of Saint Michael weighing the souls at the Last Judgment with sword and scales in hand (p. 23 fig. 25) to the tiny Cook County Courthouse in Grand Marais, Minnesota, 110 miles north of Duluth (p. 372 fig. 226), …
Theorizing American Freedom, Anthony O'Rourke
Theorizing American Freedom, Anthony O'Rourke
Michigan Law Review
Some intellectual concepts once central to America's constitutional discourse are, for better and worse, no longer part of our political language. These concepts may be so alien to us that they would remain invisible without carefully reexamining the past to challenge the received narratives of America's constitutional development. Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas in our past that are no longer reflected in the Constitution's …
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea
Michigan Law Review
Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …
Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit
Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit
UMKC Law Review
An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.
Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin
Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin
Law Faculty Scholarly Articles
When one reflects on the sorry condition of America’s finances one has to wonder why there is such resistance to fiscal discipline. Is it merely because there is an obstreperous group in the US Congress who cannot abide any tax? Has the public been subtly lobbied into believing that American taxes are high, pointless and intolerable or is there some gene in the America’s body politic that has always been there that expresses itself from time to time in a pernicious cheapness? Perhaps all those things are true, or perhaps none. Nevertheless, a glance backward at Colonial days can stimulate …
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
February 23, 2012: Greetings From Sunny Malibu, Bruce Ledewitz
Hallowed Secularism
Blog post, “Greetings From Sunny Malibu“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz
January 10, 2012: The Ministerial Exception Must Be Put On New Foundations, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Ministerial Exception Must be Put on New Foundations“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri
It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri
Common Reading Essay Contest Winners
First Place
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Toward A Meaning-Full Establishment Clause Neutrality, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Robert Taylor, An Appreciation, Bruce Ledewitz
Robert Taylor, An Appreciation, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Notes On Exchanging Information Without Intellectual Property, Wendy J. Gordon, Michael J. Burstein
Notes On Exchanging Information Without Intellectual Property, Wendy J. Gordon, Michael J. Burstein
Scholarship Chronologically
Contracting over information is notoriously difficult. Nearly fifty years ago, Kenneth Arrow articulated a ''.fundamental paradox" that arises when two parties try to exchange information. To complete such a transaction, the buyer of information must be able to place a value on the information. But once the seller discloses the information, the buyer can take it without paying. The conventional solution to this disclosure paradox is intellectual property. If the information is protected by a patent or a copyright then the seller can disclose the information free in the knowledge that the buyer can be enjoined against making, using, or …
Energy Subsidies, Market Distortion, And A Free Market Alternative, Hans Biebl
Energy Subsidies, Market Distortion, And A Free Market Alternative, Hans Biebl
University of Michigan Journal of Law Reform Caveat
Gas and coal are cheap. They are cheap because the U.S. government subsidizes their production. The result is that the marketplace does not recognize the true cost of fossil fuels. Without the subsidies, Americans—for the first time in nearly a hundred years—would experience the cost of unsubsidized fossil fuels. In a newly competitive marketplace, renewable sources of energy would be in a better position to compete. Without gas and coal subsidies, clean energy producers, who have not been able to compete with the low price of fossil fuels, might be more willing to invest in “clean, renewable, and more energy …
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard
Michigan Journal of Gender & Law
Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
No Contact Parole Restrictions: Unconstitutional And Counterproductive, Sharon Brett
Michigan Journal of Gender & Law
Although what Jesse Timmendequas did was abhorrent, the legislation enacted in the wake of his crime went far beyond making sure we know the pedophiles or pedophile-murderers living in our neighborhoods. Megan's name now lends itself to a host of state laws requiring the state to notify neighbors when a sex offender moves into the neighborhood. The term "sex offender" is intentionally broad, covering everyone from voyeurs and exhibitionists to rapists and child molesters. Yet, Megan's Laws treat them the same way, ignoring some crucial questions: Are all sex offenders alike? Are they all monsters? In reality, the majority of …
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.
Michigan Journal of Gender & Law
On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …
Orienting Lawyers At China's International Tribunals Before 1949, Tahirih V. Lee
Orienting Lawyers At China's International Tribunals Before 1949, Tahirih V. Lee
Maryland Journal of International Law
No abstract provided.