Law Commons^™

Muss Es Sein? Not Necessarily, Says Tort Law, Anita Bernstein

Law and Contemporary Problems

The rule of law helps to check tendencies to excess, aligns remedies with what happened to similarly situated persons in the past, and give both power and accountability to public officials. Asserting its perpetual demand of Muss es sein? in reaction to oppressions, tort law jolts stais into change.

Should Noncommercial Associations Have An Absolute Right To Discriminate?, Andrew Koppelman

Law and Contemporary Problems

An association is more likely to win immunity from an antidiscrimination law, the more clearly its message is a discriminatory one. Boy Scouts of America v. Dale is in some tension with this rule, but the opinion is so muddled that it establishes no new rule to displace the old one.

Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy

Law and Contemporary Problems

Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.

Corporate Law Or The Law Of Business?: Stakeholders And Corporate Governance At The End Of History, Adam Winkler

Law and Contemporary Problems

Surely, corporate managers themselves, who must operate within the broader law of business, are aware of the legally imposed duties to protect workders, consumers, and larger communities. Perhaps it is time corporate lawyers caught up to this reality.

Has The Law Made Liars Of Us All?, Don Castleman

ExpressO

The premise of this article is that in the law and in the practice of law there are numerous occasions when there appears to be little regard for the truth; that as television has devoted more and more time to programming about law and courts, the public has been exposed to and infected by this attitude toward truth; that society may have abandoned morality in favor of legality and that this may have contributed to the epidemic of corporate and accounting frauds of the past decade.

The article examines cases which demonstrate the lack of regard for the truth in …

Policy And Praxis: A Role For Latcrit "Institutional-Class Analysis" In Latin American Judicial Reform, Becky Jacobs

College of Law Faculty Scholarship

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Using Architectural Constraints And Game Theory To Regulate International Cyberspace Behavior, Van N. Nguy

San Diego International Law Journal

The debate over whether cyberspace can or should be regulated is essentially dead. This is the conclusion being taught in law schools today. The battle between Judge Frank Easterbrook and Professor Lawrence Lessig over "laws" and "horses", infamous among cyberspace legal scholars, became irrelevant when geographically-based governments began regulating Internet related activities. However, debate over how the Internet should be regulated continues. One way of framing this debate is in terms of deciding how to regulate behavior in cyberspace. Professor Lessig postulated four kinds of constraints regulate behavior: (1) social norms, (2) markets, (3) law, and (4) architecture. This comment …

Blackfeet Tribe V. Marcus Spotted Bear, 04-Ap-17 (Blkft. Tr. Ct. App., April 17, 2004), Blackfeet Appellate Court

Court Decisions

• Appeal from Tribal Court involving defendant being arrested and charged with Assault and Trespass as to Section III, II of Chapter Five of the Blackfeet Tribal Law and Order Code. 

• Defendant had entered not guilty plea, trial was set with cash bond of $500, and a bench restraining order imposed on defendant. 

• Defendant changed plea to guilty, Judge Carl Pepion ordered a pre-sentence investigation, and defendant was ordered to complete a psychological evaluation prior to sentencing. Defendant was sentenced to 24 months with credit of (90) days served and a $2000 fine. 

• The issue here was whether the sentence and …

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State Anti-Discrimination Law As A Model For Amending The Americans With Disabilities Act, Alex B. Long

Scholarly Works

No abstract provided.

Let's Make It Official: Adding An Explicit Preplan Sale Process As An Alternative Exit From Bankruptcy, George Kuney

Scholarly Works

No abstract provided.

Space Law In The 21st Century: Some Thoughts In Response To The Bush Administration's Space Initiative, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey

Saint Louis University Law Journal

No abstract provided.

The Metaphysics Of Property: Looking Beneath The Surface Of Regulatory Takings Law After Tahoe-Sierra Preservation Council V. Tahoe Regional Planning Agency, Brian J. Nolan

Saint Louis University Law Journal

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part One: Words Honoring Chief Justice Carrico, Penny White

Scholarly Works

No abstract provided.

Preserving The Legacy: A Tribute To Chief Justice Harry L. Carrico, One Who Exalted Judcial Independence - Part Two: The Good, The Bad, And The [Very, Very] Ugly And (Its Postscript), A Fistful Of Dollars, Penny White

Scholarly Works

No abstract provided.

The Erie Doctrine And Bankruptcy, Thomas E. Plank

Scholarly Works

No abstract provided.

The Right To Trial By Jury In Environmental Cost-Recovery And Contribution Actions: United States V. England, Jonathan L. Mayes

ExpressO

No abstract provided.

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Nova Southeastern Lawyer, Winter-Spring 2004, Volume 12, Number 4, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

Survey Of Developments In Indiana Family, Paula Schaefer

Scholarly Works

No abstract provided.

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Protecting The Unpopular From The Unreasonable: Warrantless Monitoring Of Attorney Client Communications In Federal Prisons, Teri Dobbins Baxter

Scholarly Works

No abstract provided.

Some Appeasement For Professor Tushnet, Penny White

Scholarly Works

No abstract provided.

Marbury's Mixed Messages, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

A Matter Of Perspective, Penny White

Scholarly Works

No abstract provided.

Hijacking Chapter 11, George Kuney

Scholarly Works

No abstract provided.