Law Commons^™

Tragic Allocation Challenges In The Covid-19 Era, Ronen Perry, Tal Z. Zarsky

Florida State University Law Review

No abstract provided.

Tragic Allocation Challenges In The Covid-19 Era, Ronen Perry, Tal Z. Zarsky

Florida State University Law Review

No abstract provided.

The Mismeasure Of Success, Alissa Rubin Gomez

St. John's Law Review

(Excerpt)

Large law firms evolved to serve major corporations by offering them “lawyers who were white males comfortable with the business elite, with wives at home to free up work time . . . .” After decades of advancing these same lawyers, the result has been a widespread belief that the ideal big firm lawyer is one who is committed to professional life at all hours of the day and night, and whose personal life is either nonexistent or handled by someone else. Women at large law firms have been expected to act accordingly. That is, to act like men. …

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.

The 16th Annual Diversity Symposium Dinner, April 4, 2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Success, Merit, And Capital In America, Eli Wald

Marquette Law Review

None

In Defense Of Popular Elections, Former Justice Robert L. Brown

University of Arkansas at Little Rock Law Review

No abstract provided.

Newsroom: Op-Ed: Yelnosky On Judicial Selection 6-17-2016, Michael J. Yelnosky, Providence Journal, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Working Relationships, Laura A. Rosenbury

Laura A. Rosenbury

In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …

Capital's Offense: Law's Entrenchment Of Inequality, Frank A. Pasquale

Faculty Scholarship

Reviewing Thomas Piketty, Capital in the Twenty-First Century (Harvard University Press, 2014)

Piketty’s Capital in the Twenty-First Century is a rare scholarly achievement. It weaves together description and prescription, facts and values, economics, politics, and history, with an assured and graceful touch. So clear is Piketty’s reasoning, and so compelling the enormous data apparatus he brings to bear, that few can doubt he has fundamentally altered our appreciation of the scope, duration, and intensity of inequality. This review explains Piketty’s analysis and its relevance to law and social theory, drawing lessons for the re-emerging field of political economy.

The university …

Securities Class Actions And Bankrupt Companies, James J. Park

Michigan Law Review

Securities class actions are often criticized as wasteful strike suits that target temporary fluctuations in the stock prices of otherwise healthy companies. The securities class actions brought by investors of Enron and WorldCom, companies that fell into bankruptcy in the wake of fraud, resulted in the recovery of billions of dollars in permanent shareholder losses and provide a powerful counterexample to this critique. An issuer's bankruptcy may affect how judges and parties perceive securities class actions and their merits, yet little is known about the subset of cases where the company is bankrupt. This is the first extensive empirical study …

The Pasha's Gift: How The Few Benefit The Many By Arguing About The Perfect World, Peter J. Aschenbrenner

Peter J. Aschenbrenner

We know that process matters (for the wrong reasons) because participants in the process of organizing future process (such as a convention organizing a congress) will seek to ‘game’ the process. But does why the legislative (second-named) process exist at all? The presumption of rejection asserts that the many are jealous of the few; so how can the few overcome the presumption? The net social benefit conferred by the few is investigated and the Pasha’s search for answers requited.

“No Fishing Poles Allowed At The Office,” And Other Suggestions On How To Limit “Fishing Expeditions” To An Outdoor Weekend Activity And Away From The Realm Of E-Discovery, Joanna K. Slusarz

Joanna Slusarz

Early settlement is usually encouraged by the courts and welcomed by most parties involved in a lawsuit. However, it may not always be the most favorable result. This idiosyncrasy arises most when the costs of continuing litigation and adjudication on the merits outweigh those of early settlement. On the other hand, early settlement raises the risk of “encourag[ing] additional, low merit cases that might not otherwise have been filed had the company chosen to litigate existing lawsuits.”

The phenomenon of electronic discovery (“e-discovery”) has exponentially increased the occurrence of the latter result. As a result, defendants, particularly large corporations with …

Working Relationships, Laura A. Rosenbury

UF Law Faculty Publications

In this Essay written for the symposium on "For Love or Money? Defining Relationships in Law and Life," I extend my previous consideration of friendship to the specific context of the workplace, analyzing friendship through the lens of the ties that arise at work instead of those assumed to arise within the home. Many adults spend half or more of their waking hours at work, in the process forming relationships with supervisors, co-workers, subordinates, customers, and other third parties. Although such relationships are at times primarily transactional, at other times they take on intimate qualities similar to those of family …

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff

All Faculty Scholarship

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …

Merit And Diversity: The Origins Of The Law School Admissions Test, William P. Lapiana

Saint Louis University Law Journal

No abstract provided.

Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez

Michigan Journal of Race and Law

Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …

A Place At The Table: Bush V. Gore Through The Lens Of Race, Spencer A. Overton

GW Law Faculty Publications & Other Works

Although African Americans cast a majority of ballots rejected by counting machines following the 2000 presidential election in Florida, legal academic commentators have not grappled with the significance of race in their discussions of Bush v. Gore. This Essay uses race to expose structural shortcomings of merit-based assumptions about democracy embedded in the U.S. Supreme Court's majority per curiam. The Court prohibited a manual count of imperfectly marked ballots, effectively conditioning membership in political community on individual capacity to produce a machine-readable ballot. Despite the Court's individualized focus, however, merit-based assumptions about democracy interfere primarily not with individual rights, but …

Defending Truth, Cynthia V. Ward, Peter A. Alces

Faculty Publications

No abstract provided.

Civil Service Appointments And Promotions

Touro Law Review

No abstract provided.

Mad Dogs And Englishmen: Pierson V. Post - A Ditty Dedicated To Freshman Law Students, Confused On The Merits, Ridgely Schlockverse Iii

University of Baltimore Law Forum

No abstract provided.

Intentional Infliction Of Mental Suffering: A New Tort, William L. Prosser

Michigan Law Review

It is time to recognize that the courts have created a new tort. It appears, in one disguise or another, in more than a hundred decisions, the greater number of them within the last two decades. Of course there is no necessity whatever that there should be separate torts, or that a tort must have a name; but if a name must be found for this one, we might do worse than to borrow a word from the vernacular of Kentucky and points south, and call it "orneriness." It is something very like assault. It consists of the intentional, outrageous …