Law Commons^™

What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah

ExpressO

Stuart Scheingold's and Austin Sarat's "Something to Believe In: Politics, Professionalism, and Cause Lawyering," (Stanford University Press, December 2004) draws on a decade of empirical and theoretical work on cause lawyering. Scheingold’s and Sarat’s law and society scholarship contributes to our knowledge of lawyering, the law, work with clients and social movements, and the interplay between what Ewick and Silbey have called "legality" and the social world. Their cross-disciplinary work makes a significant contribution to the social sciences as well as to the field of legal studies. This review examines the utility of cause lawyering as a concept that contributes …

Living By The Sword: The Free Exercise Of Religion And The Sikh Struggle For The Right To Carry A Kirpan, Rishi S. Bagga

ExpressO

Sikhism is a 500 year old religion with a growing presence in the United States. However, one of the articles of faith required for Sikhs, a kirpan (a ceremonial sword), conflicts with the norms of American life for these often misunderstood people. This paper gives a brief primer on Sikhism and discusses some of the day-to-day problems and recent issues facing kirpan-carrying Sikhs in North America. Upon reviewing the current state of free exercise jurisprudence as applied to the kirpan, I outline several suggestions for the acceptance and accommodation of kirpans.

Dan The Xenophobe Rides The A-Train Or The Modern, "Secret" Racist: Unconscious Racism In `Enlightened America' And The Destructive Stereotypes That Fuel It, Richard D. Salgado

ExpressO

A short story style exploration of unconscious racism in modern "enlightened" America.

Treading On Hallowed Ground: Implications For Property Law And Critical Theory Of Land Associated With Human Death And Burial, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M C. Mirow

Faculty Publications

John Wertheimer, the author of “Gloria’s Story,” has produced a complex and absorbing text that skillfully guides the reader through the microhistory of Gloria’s concubinage to an enhanced appreciation of the greater legal, social, and institutional forces at play in mid-twentieth century Guatemala. Using Gloria’s story to shift into more general observations about law and society in Guatemala, Wertheimer states that laws can “affect behavior by establishing incentives and disincentives for different types of action and by reinforcing or undermining different values.”1 Wertheimer reads the legal records involving Gloria and her family to write her story from the dominant critical …

Beyond Romer And Lawrence: The Right To Privacy Comes Out Of The Closet, Nancy C. Marcus

Nancy C Marcus

This article examines significant developments in the Supreme Court's privacy rights jurisprudence through the Rehnquist era with a look ahead toward the future of privacy and liberty protections under a new Court. The article explores several problems faced by privacy rights proponents, ranging from opposition to unenumerated constitutional rights generally to more recent tradition-based challenges to privacy protections. Tracing the historic roots of privacy rights, the article reveals the original intent of the Constitution's drafters to establish an evolving constitution with inalienable unenumerated individual rights, including a right to privacy which encompasses an affirmative liberty interest in autonomy. The article …

The Recognition Of Same-Sex Relationships: Comparative Institutional Analysis, Contested Social Goals, And Strategic Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The emerging field of comparative institutional analysis (CIA) has much to offer public policy analysts. However, the failure of CIA to address the dynamic process through which social goals are articulated limits the scope of its application to the largely prescriptive pronouncements of legal scholars. By examining the movement for equal recognition of same-sex relationships, this Essay builds on the basic observations of CIA and introduces a new dimension, namely the dynamic process through which social goals are articulated and social change is pursued. The acknowledgment that the production of social goals involves institutional behavior, as well as multiple sites …

Protecting The Public Trust And Human Rights In The Great Lakes, Melissa K. Scanlan

Melissa K. Scanlan

No abstract provided.

Realizing The Promise Of The Great Lakes Compact: A Policy Analysis For State Implementation, Melissa K. Scanlan, Jodi H. Sinykin, James Krohelski

Melissa K. Scanlan

No abstract provided.

Public Law As A Whole And Normative Duality: Reclaiming Administrative Insights In Enforcement Review, Michal Tamir

michal tamir

No abstract provided.

Obscene Contracts*: The Doctrine Of Unconscionability And Hospital Billing Of The Uninsured, George A. Nation Iii

George A Nation III

No abstract provided.

What's New In Eu Trade Dispute Settlement? Judicialisation, Public-Private Networks And The Wto Legal Order, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant

David B Kopel

Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.

Free Advertising: The Case For Public Relations As Commercial Speech, Tamara R. Piety

Tamara R. Piety

The commercial speech doctrine has suffered from definitional ambiguity. Some commentators have argued that the doctrine's application should be limited to speech that is clearly advertising and should not be extended to cover speech by a corporation on matters of public concern. This is of particular concern with respect to public relations communications about labor or environmental practices (to name just two examples) which industry advocates argue should be treated like fully protected speech. In this article I argue that because all for-profit corporate speech is in furtherance of its commercial purpose, public relations speech should be presumptively covered by …

Act Up/Anita Bryant/Drugs, Religion, And Law/Lambda Legal Defense And Education Fund/Right To Reply And Right Of The Press/Sincerity Of Religious Belief, James M. Donovan

James M. Donovan

Six entries in the Encyclopedia of American Civil Liberties (Paul Finkelman, ed.).

Against The Tide - Katrina Exposes Racial Divide, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

Legal Approaches And The Contributions Of Case Law, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Creative Commons And The New Intermediaries, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Identity And Market For Loyalties Theories: The Case For Free Information Flow In Insurgent Iraq, Paul D. Callister

Faculty Works

When monopoly control over the flow of information is lost, the unavoidable consequence is destabilization. Information flow through a society can be understood as a market - not a market exchanging cash for goods, but loyalty for identity. Hence the market is called the Market for Loyalties - so labeled by an economics of information theory first developed by Prof. Monroe Price, of Cardozo Law School, and Director of the Howard M. Squadron Program in Law, Media and Society, to explain government regulation of radio, TV, cable and satellite broadcasting.

In post-invasion Iraq, Saddam Hussein lost or monopoly control over …

The Role Of Statutes, Regulations And Professional Standards In Emergency Responses, Denis Binder

Denis Binder

No abstract provided.

From J.C. Bach To Hip Hop: Musical Borrowing, Copyright And Cultural Context, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

Musical borrowing is a pervasive aspect of musical creation in all genres and all periods. Copyright doctrine does not adequately reflect the reality of such borrowing. Instead, copyright doctrine incorporates notions of Romantic authorship that assume independent and autonomous authorship and even genius in the creation of original musical works. This individualistic and autonomous vision of musical authorship, which is central to copyright law, has deemphasized the importance and continuity of musical borrowing practices generally. The tension between conceptions of musical production and actual music practice is particularly highlighted in the case of hip hop music, which is now the …

No Direction Home: Will The Law Keep Pace With Human Tracking Technology To Protect Individual Privacy And Stop Geoslavery, William A. Herbert

William A. Herbert

No abstract provided.

Creative Commons And The New Intermediaries, Michael W. Carroll

Michael W. Carroll

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

Gloria’S Story And Guatemala’S Faith: Adulterous Concubinage, Law, And Religion, M. C. Mirow

M. C. Mirow

The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan R. Lahn

Jonathan R Lahn

No abstract provided.