Law Commons^™

War And The Vanishing Battlefield, Frederic Megret

Loyola University Chicago International Law Review

No abstract provided.

Editor's Note On The Targeted Killing Of Anwar Al-Aulaqi, Matthew Leavitt

Loyola University Chicago International Law Review

No abstract provided.

Potential Pitfalls Of "Strategic Litigation": How The Al-Aulaqi Lawsuit Threatened To Undermine International Humanitarian Law, Michael W. Lewis

Loyola University Chicago International Law Review

No abstract provided.

The Value Of “Thinking Like A Lawyer”, Michelle M. Harner

Maryland Law Review

No abstract provided.

Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander

Maryland Law Review

No abstract provided.

Equipping The Garage Guys In Law, Gillian K. Hadfield

Maryland Law Review

No abstract provided.

Home, Home On The Web And Other Fourth Amendment Implications Of Technosocial Change, Katherine J. Strandburg

Maryland Law Review

No abstract provided.

Moneybombs And Democratic Participation: Regulating Fundraising By Online Intermediaries, Nathaniel J. Gleicher

Maryland Law Review

No abstract provided.

A Unified Theory Of Detention, With Application To Preventive Detention For Suspected Terrorists, Alec Walen

Maryland Law Review

No abstract provided.

Oscar Wilde’S Long Tail: Framing Sexual Identity In The Law, Laura I. Appleman

Maryland Law Review

No abstract provided.

Dying For Dollars: Health Equity In The Age Of Reform, Max D. Siegel

Maryland Law Review

On March 23, 2010, President Barack Obama signed the Patient Protection and Affordable Care Act ("ACA") into law. Almost instantly, fourteen state attorneys general joined together to file suit to challenge ACA in federal courts in Virginia and Florida. These states took action amid widespread political rhetoric that condemned Congress for shattering its constitutional limits by invading citizens' private decisions to purchase health insurance. Few political trends are as divisive as the changing role of government in private health care coverage decisions. Yet, the American debate continues to be distracted by marketplace rhetoric. This Comment argues that the American preoccupation …

Tributes To Professor Robert I. Keller

Maryland Law Review

No abstract provided.

What’S Different About The Thirteenth Amendment, And Why Does It Matter?, James Gray Pope

Maryland Law Review

No abstract provided.

The Thirteenth Amendment And The Meaning Of Familial Bonds, Julie Novkov

Maryland Law Review

No abstract provided.

Conclusion: The Political Thirteenth Amendment, Rebecca E. Zietlow

Maryland Law Review

No abstract provided.

The Right To Refuse: Should Prison Inmates Be Allowed To Discontinue Treatment For Incurable, Noncommunicable Medical Conditions?, Daniel R. H. Mendelsohn

Maryland Law Review

No abstract provided.

Eastern Ichigan University Graduate Catalog, 2011-2012, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Supreme Court Decisions: The Power Of Substanative Due Process, Steven-Paul Lapid

Senior Honors Theses and Projects

One of the fundamental elements of our government system is the broad concept of a right to fair treatment -- that even those accused or guilty of violating the law have due to them the right to a fair process. However, we regard a citizen's right to life, liberty, and property to be so significant or substantive that there is no due process fair enough to cover infringement of certain freedoms. This has come to be known as substantive due process. Through an analysis of judicial theory and Supreme Court decisions, I compare the use of substantive due process on …

Narrative Implications Of Evidentiary Rules, Bruce Ching

Journal Articles

Advocates are increasingly conscious of courtroom disputes as forms of story-battles, in which the parties present competing narratives. But the rules of evidence -- determining which facts can be incorporated into the presentation of the parties' stories -- can also often best be understood from a narrative point of view. This paper examines narrative features underlying evidentiary rules dealing with leading questions, "speaking objections," and hearsay.

The Road To S.B. 1070: How Arizona Became Ground Zero For The Immigrants' Rights Movement And The Continuing Struggle For Latino Civil Rights In America, Kristina M. Campbell

Journal Articles

When Arizona Governor Janice K. Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act - better known as SB 1070 - into law in April 2010, the world was taken aback not only by the State of Arizona’s brazen attempt to regulate immigration at the state level, but by the manner in which it pledged to do so. By giving state and local law enforcement officials the responsibility to detain persons that they have “reasonable suspicion” to believe are unlawfully present, the Arizona immigration law was not only branded “the toughest immigration law in the country,” but it …

From Enlightened Positivism To Cosmopolitan Justice: Obstacles And Opportunities, Steven Ratner

Book Chapters

This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.

The Cultural Background Of The Legal Imagination, James Boyd White

Book Chapters

I want to speak in this essay about one aspect of the origins of what is often called the law and literature movement in the United States, namely, how it got going. I shall do this by explaining the aims and assumptions of my own early contribution to it in the form of The Legal Imagination (first published in 1973). What I say will thus have some of the features of autobiography, but I hope it will be plain that this story is not really about me but about the state of the culture in which modern law and literature …

Law Library Newsletter, Volume 2, Issue 5 - January/February 2011, Kresge Law Library

Law Library Newsletter

Read Part One of a profile of the law library’s first female directors. Check out re- sults from the 2010 summer research experience survey Find some helpful resources for environmental law research. Need a response to requests from friends and family for legal advice? Check out NOLO!

Environmental Law, U.S., Howard Bromberg

Book Chapters

A contribution by Howard J. Bromberg to the Encyclopedia of Environmental Issues.

Between Minimum And Optimum World Public Order: An Ethical Path For The Future, Steven Ratner

Book Chapters

Among the most significant contributions of policy-oriented jurisprudence to our understanding of international legal process is its identification of minimum and optimum world public order as the overarching goals of international law. Minimum public order in its essence refers to the global state of affairs with limited recourse to unauthorized violence to solve disputes, while optimum public order is synonymous with a world in which human dignity is maximally protected. These two concepts, augmented by other pairings now second-nature to us (for example, authority and control, and myth system and operational code), have also permeated—in the latter case, germinated in—the …

Unpredictability In Patent Law And Its Effect On Pharmaceutical Innovation, Christopher M. Holman

Faculty Works

In recent years, the major innovator pharmaceutical companies have experienced two pronounced and significant trends: a decreasing output of innovative new drugs and cutbacks in research and development (R&D) investment. The two phenomena probably are not unrelated and raise significant concerns for a society intent upon providing affordable health care for an aging population. While the root causes of these trends are complex and diverse, we should not overlook the critical role patents play in creating the necessary incentives for the substantial investment required to develop pharmaceutically-interesting chemical compounds into actual drugs and to take them through the clinical trials …

Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert R. Statchen, Anthony J. Luppino, William A. Kell

Faculty Works

This Article represents a panel presentation on interdisciplinary work in law school transactional courses. The Authors’ focus is on the Small Business Clinic at Western New England University School of Law. Topics covered are: interdisciplinary work and the classroom, professional liability and competency issues in rendering services through a clinic, culture class issues, ethical dilemmas, delivering professional products to the client, and co-curricular opportunities.

Prescription For Fairness: New Approach To Tort Liability Of Brand-Name And Generic Drug Manufacturers, Allen K. Rostron

Faculty Works

Over the past two decades, courts have consistently ruled that the manufacturer of a brand-name prescription drug cannot be liable for injuries suffered by those taking generic imitations of its product. This meant that a patient injured by a generic drug could have no remedy at all because in many instances the generic drug manufacturer would escape liability on the ground that it did not produce any information on which the patient’s doctor relied. It was a perplexing dilemma. The generic drug manufacturer made the product that the plaintiff received, the brand-name manufacturer produced all of the information the patient’s …

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.