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Articles 1 - 8 of 8
Full-Text Articles in Legal History
Originalism And The Common Law Infancy Defense, Craig S. Lerner
Originalism And The Common Law Infancy Defense, Craig S. Lerner
American University Law Review
No abstract provided.
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx
The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx
American University Law Review
No abstract provided.
Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler
Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler
American University Law Review
No abstract provided.
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Ethics And The History Of Social Movement Lawyering, Susan Carle
Ethics And The History Of Social Movement Lawyering, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
Articles in Law Reviews & Other Academic Journals
This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …
Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett
Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett
American University Law Review
No abstract provided.