Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (32)
- Law and Society (32)
- Arts and Humanities (23)
- Legal History (18)
- Legal Profession (17)
-
- Legal Writing and Research (12)
- Civil Rights and Discrimination (11)
- Intellectual Property Law (11)
- Law and Gender (11)
- Law and Philosophy (10)
- Legal Education (10)
- Social and Behavioral Sciences (10)
- First Amendment (9)
- Legal Ethics and Professional Responsibility (8)
- English Language and Literature (7)
- International Law (7)
- Jurisprudence (7)
- Sexuality and the Law (7)
- Comparative and Foreign Law (6)
- Constitutional Law (6)
- Commercial Law (5)
- Courts (5)
- Criminal Law (5)
- History (5)
- Judges (5)
- Other Law (5)
- Religion Law (5)
- American Literature (4)
- American Studies (4)
- Institution
-
- University of Michigan Law School (36)
- Selected Works (21)
- SelectedWorks (11)
- University of Cincinnati College of Law (7)
- University of Wollongong (7)
-
- American University Washington College of Law (5)
- University of Colorado Law School (5)
- William & Mary Law School (5)
- Fordham Law School (4)
- Nova Southeastern University (3)
- Saint Louis University School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Massachusetts Boston (3)
- Vanderbilt University Law School (3)
- Washington and Lee University School of Law (3)
- Boston University School of Law (2)
- Cleveland State University (2)
- George Washington University Law School (2)
- Georgetown University Law Center (2)
- Golden Gate University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Mississippi College School of Law (2)
- Northern Illinois University (2)
- Seattle University School of Law (2)
- University of Georgia School of Law (2)
- University of South Carolina (2)
- University of Tennessee College of Law (2)
- Association of American Law Schools (1)
- Binghamton University (1)
- Bowdoin College (1)
- Publication Year
- Publication
-
- Michigan Law Review (18)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (7)
- Faculty Articles and Other Publications (6)
- Articles (5)
- Faculty Scholarship (4)
-
- Scholarly Works (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Faculty Publications (3)
- Fordham Law Review (3)
- Other Publications (3)
- Scholarly Articles (3)
- Thomas E. Simmons (3)
- University of Michigan Journal of Law Reform (3)
- Vanderbilt Law Review (3)
- William & Mary Law Review (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Book Chapters (2)
- GW Law Faculty Publications & Other Works (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Golden Gate University Law Review (2)
- ILSA Journal of International & Comparative Law (2)
- Journal Articles (2)
- Law Faculty Scholarship (2)
- Michigan Technology Law Review (2)
- New England Journal of Public Policy (2)
- Northern Illinois University Law Review (2)
- Publications (2)
- Randy Lee (2)
- Richard Delgado (2)
- Ruth Anne Robbins (2)
- Publication Type
- File Type
Articles 1 - 30 of 168
Full-Text Articles in Law
The Book I Never Got To Read: A Tale Of Book Censorship, Courtney Everett
The Book I Never Got To Read: A Tale Of Book Censorship, Courtney Everett
Emerging Writers
From the expression of authors to sharing perceptions of the world, the use of literature has been one of the most common ways of teaching students for generations. However, with opposing viewpoints and conflicting ideas, literary censorship has continued to become an issue among communities for longer than people realize, and it brings harm to humanity over time. This essay discusses the recent conflict of banning books in communities and its affect on students.
Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon
Moby-Dick As Corporate Catastrophe: Law, Ethics, And Redemption, David Yosifon
University of Cincinnati Law Review
Herman Melville’s Moby-Dick serves here as a vehicle through which to interrogate core features of American corporate law and excavate some of the deeper lessons about the human soul that lurk behind the pasteboard mask of the law’s black letter. The inquiry yields an illuminating vantage on the ethical consequences of corporate capital structure, the law of corporate purpose, the meaning of voluntarism, the ethical stakes of corporate fiduciary obligations, and the role of lawyers in preventing or facilitating corporate catastrophe. No prior familiarity with the novel or corporate law is required.
Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean
Enabling Science Fiction, Camilla A. Hrdy, Daniel H. Brean
Michigan Technology Law Review
Patent law promotes innovation by giving inventors 20-year-long exclusive rights to their inventions. To be patented, however, an invention must be “enabled,” meaning the inventor must describe it in enough detail to teach others how to make and use the invention at the time the patent is filed. When inventions are not enabled, like a perpetual motion machine or a time travel device, they are derided as “mere science fiction”—products of the human mind, or the daydreams of armchair scientists, that are not suitable for the patent system.
This Article argues that, in fact, the literary genre of science fiction …
The Right To An Artificial Reality? Freedom Of Thought And The Fiction Of Philip K. Dick, Marc Jonathan Blitz
The Right To An Artificial Reality? Freedom Of Thought And The Fiction Of Philip K. Dick, Marc Jonathan Blitz
Michigan Technology Law Review
In Anarchy, State, and Utopia, the philosopher Robert Nozick describes what he calls an “Experience Machine.” In essence, it produces a form of virtual reality (VR). People can use it to immerse themselves in a custom-designed dream: They have the experience of climbing a mountain, reading a book, or conversing with a friend when they are actually lying isolated in a tank with electrodes feeding perceptions into their brain. Nozick describes the Experience Machine as part of a philosophical thought experiment—one designed to show that a valuable life consists of more than mental states, like those we receive in …
Pride And Predators, Heidi S. Bond
Pride And Predators, Heidi S. Bond
Michigan Law Review
A Review of Pride and Prejudice. by Jane Austen
“Destructive To Judicial Dignity”: The Poetry Of Melville Weston Fuller, Todd C. Peppers, Mary Crockett Hill
“Destructive To Judicial Dignity”: The Poetry Of Melville Weston Fuller, Todd C. Peppers, Mary Crockett Hill
Scholarly Articles
Although there have been many debates over the relevant qualifications for a Supreme Court nominee, Fuller’s nomination was the first—and last—time in history where the quality of a nominee’s verse was debated in national and regional newspapers. In this essay, we weigh the merits of two claims leveled against Fuller: (1) he was a mediocre poet, and (2) his penchant for verse colored and polluted his judicial opinions. As judge and jury, we conclude that neither charge is supported by a preponderance of the evidence.
The Creative Legal Histories Of Cervantes And Jurist Antonio De La Peña, Susan Byrne
The Creative Legal Histories Of Cervantes And Jurist Antonio De La Peña, Susan Byrne
World Languages and Cultures Faculty Publications
In the Quijote’s intercalated novella titled El curioso impertinente, Miguel de Cervantes narrates the story of a husband inducing his best friend to seduce his wife. This study compares Cervantes’ use of juridical detail in that story with contemporaneous legal arguments and punishments for a husband who acts as procurer for his wife.
Working On A Literary Text While Teaching Russian In The National Audience Of Law Faculties, Nasiba Niyazova
Working On A Literary Text While Teaching Russian In The National Audience Of Law Faculties, Nasiba Niyazova
Review of law sciences
The article considers the need to use a literary text in the study of the Russian language. This will optimize the educational process and improve the quality of education and teaching in the national audience.
The Future Of Electioneering In Wyoming, Alex Beezley
The Future Of Electioneering In Wyoming, Alex Beezley
SLU Law Journal Online
Wyoming's electioneering law is among the most expansive in the country. In this article, Alex Beezley examines a recently filed lawsuit challenging the law and predicts how the court will decide the case based on the Supreme Court's reasoning in Burson v. Freeman.
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron
Cyber Mobs, Disinformation, And Death Videos: The Internet As It Is (And As It Should Be), Danielle Keats Citron
Michigan Law Review
Review of Nick Drnaso's Sabrina.
Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres
Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres
William & Mary Journal of Race, Gender, and Social Justice
During the Senate Judiciary Committee Hearings on the nomination of Brett Kavanaugh as associate justice of the United States Supreme Court, Christine Blasey Ford testified regarding an alleged sexual assault by Kavanaugh that had occurred thirty-five years earlier. Although some viewed Blasey Ford’s testimony as a doomed repeat of Anita Hill’s testimony during the hearings on the nomination of Clarence Thomas, one significant difference was that the Kavanaugh hearings demonstrated an increased public awareness of the impacts of trauma. And just as senators hired a prosecutor trained in trauma-informed lawyering to question Blasey Ford, today’s lawyers must understand how trauma …
Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres
Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres
Faculty Scholarship
No abstract provided.
To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller
To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller
Political Science & Geography Faculty Publications
Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …
Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman
Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman
Seattle University Law Review
This Berle X Symposium essay gives prominence to distinguished corporate law scholar Adolf A. Berle, Jr. and his key writings of the 1950s and 1960s. Berle is most famous for his work decades earlier, in the 1930s, with Gardiner Means on the topic of the separation of ownership and control, and for his great debate of corporate social responsibility with E. Merrick Dodd. Yet the world was inching closer to our contemporary one in terms of both business and technology in Berle’s later years and his work from this period deserves attention.
Intellectual Property In Experience, Madhavi Sunder
Intellectual Property In Experience, Madhavi Sunder
Michigan Law Review
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that give fantasy owners …
The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez
The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez
Access*: Interdisciplinary Journal of Student Research and Scholarship
Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but even …
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz
Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz
Law School Blogs
No abstract provided.
Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager
Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager
Daniel B. Yeager
No abstract provided.
The Tyranny Of Small Things, Yxta Maya Murray
The Tyranny Of Small Things, Yxta Maya Murray
Michigan Journal of Race and Law
In this legal-literary essay, I recount a day I spent watching criminal sentencings in an Alhambra, California courthouse, highlighting the sometimes mundane, sometimes despairing, imports of those proceedings. I note that my analysis resembles that of other scholars who tackle state over-criminalization and selective law enforcement. My original addition exists in the granular attention I pay to the moment-by-moment effects of a sometimes baffling state power on poor and minority people. In this approach, I align myself with advocates of the law and literature school of thought, who believe that the study (or, in this case, practice) of literature will …
What Remains "Real" About The Law And Literature Movement?: A Global Appraisal, Richard Weisberg
What Remains "Real" About The Law And Literature Movement?: A Global Appraisal, Richard Weisberg
Journal of Legal Education
No abstract provided.
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd
Indiana Law Journal
This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …
Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison
Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison
Indigenous Water Justice Symposium (June 6)
Presenter: Jason Robison, University of Wyoming
15 slides
Law As Interpretation, Charles W. Collier
Law As Interpretation, Charles W. Collier
Charles W. Collier
In this Article, I shall trace out separate professional narratives in common law, constitutional law, and in legal cases turning on the distinction between community and society (Part III). But first I should like to situate these legal-professional narratives within a broader interdisciplinary framework (Part II).
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon
Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon
Touro Law Review
No abstract provided.
New Adventures Of Old Pauline Law, Tawia Baidoe Ansah
New Adventures Of Old Pauline Law, Tawia Baidoe Ansah
Tawia B. Ansah
This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Introduction To Law In Literature And Philosophy, Joseph P. Tomain
Faculty Articles and Other Publications
As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …
Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell
Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell
Faculty of Law, Humanities and the Arts - Papers (Archive)
Background: Pacific Island countries and territories (PICTs) face a double burden of disease, with a high prevalence of household food insecurity and childhood micronutrient deficiencies, accompanied by a burgeoning increase in adult obesity, diabetes and heart disease. Methods: A systematic literature review was undertaken to assess whether increased availability of, and access to, fish improves a) household food security and b) individual nutritional status. Results: A total of 29 studies were reviewed. Fourteen studies identified fish as the primary food source for Pacific Islanders and five studies reported fish/seafood as the primary source of dietary protein. Fish consumption varied by …
Michel Hockx, Internet Literature In China, Xiaoping Gao
Michel Hockx, Internet Literature In China, Xiaoping Gao
Faculty of Law, Humanities and the Arts - Papers (Archive)
No abstract provided.
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon
Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon
Deborah S Gordon
Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell
Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell
New England Journal of Public Policy
This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.
Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.