Re-Problematizing Anger In Domestic Violence Advocacy,
2013
University of Colorado Law School
Re-Problematizing Anger In Domestic Violence Advocacy, Deborah Cantrell
Publications
Feminist advocacy commits wholeheartedly to a woman’s autonomous choices about how to respond to domestic violence, prioritizing a woman’s own lived experiences and her own assessments of her needs and goals over other supposedly “objective” assessments. Feminists robustly privilege individual choices of women in part as a way of revealing anti-woman bias in the dominant, patriarchal legal system as well to reject male constructions of feminine behavior. In feminist domestic violence advocacy, scholars and advocates have argued that a woman’s autonomous choices include capacious choices about the kinds of emotions that a woman might express about being subjected to abuse. …
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan,
2013
Allard School of Law at the University of British Columbia
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui
All Faculty Publications
The Supreme Court of Japan, despite its well-known passive and conservative stance towards constitutional adjudication, occasionally shows quite a creative and liberal attitude. Recently, the Supreme Court of Japan has shown this attitude in its development of pro-consumer jurisprudence involving consumer loan cases. This development is still more noteworthy because the Supreme Court of Japan ignored the legislature's intent to overturn its previous judgments and practically wiped out a statutory provision enacted by the legislature. As a result of this development, millions of consumers could demand refunds from consumer loan companies, and consumer loan companies went into serious financial troubles, …
Ethics And International Law: Integrating The Global Justice Project(S),
2013
University of Michigan Law School
Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner
Articles
Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …
Moral Obligations Of Landowners: An Examination Of Doctrine,
2013
Benjamin N. Cardozo School of Law
Moral Obligations Of Landowners: An Examination Of Doctrine, Stewart E. Sterk
Articles
Efficiency concerns generally take center stage in modern discussions of property's institutional foundations. But property's moral dimension has a far longer pedigree. Two of the ten commandments implicitly acknowledge the importance of property. "Thou shalt not steal" has no meaning in the absence of property ownership. Similarly, the command that "thou shalt not covet your neighbor's house" assumes that the house has an owner whose rights merit respect.
Comment On “Excessive Ambitions (Ii)” By (Jon Elster),
2013
Duke Law School
Comment On “Excessive Ambitions (Ii)” By (Jon Elster), Donald L. Horowitz
Faculty Scholarship
No abstract provided.
Getting Paid In Probate Court.,
2013
St. Mary's University
Getting Paid In Probate Court., Robert J. Augsburger
St. Mary's Law Journal
After reviewing the Texas Probate Code, the Texas Property Code, and current case law, this Essay compiles relevant information designed to assist attorneys in obtaining payment for services provided to their clients. An attorney ad litem is an officer of the court whose “fees are assessed as costs of suit” rather than requiring the ad litem to seek “fees only from his clients’ recovered shares.” Therefore, each attorney ad litem appointed under § 34A of the Texas Probate Code is entitled to reasonable compensation for services in the amount set by the court. The attorney’s fees “must be supported by …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights,
2013
Loyola University Chicago
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members.,
2013
St. Mary's University
Specialty Juvenile Courts In Texas: Using The Rehabilitative Juvenile Justice Approach To Reform Texas's Youngest Gang Members., Drew Darnell
St. Mary's Law Journal
Abstract Forthcoming.
Civil Liability Approaches To The Stolen Valor Epidemic.,
2013
St. Mary's University
Civil Liability Approaches To The Stolen Valor Epidemic., Lauren A. Valkenaar
St. Mary's Law Journal
Over the years, civilians and members of the military have falsely claimed honors “stealing” the valor, reputation and benefits bestowed upon actual medal recipients. Lawmakers have historically addressed this problem of stolen valor with criminal prosecution. In 2005, Congress passed the Stolen Valor Act, making it illegal for an individual to lie about receiving military awards. However, the constitutionality of the Stolen Valor Act of 2005 was challenged in United States v. Alvarez. The Supreme Court of the United States found that the act violated the First Amendment because it was a content-based restriction on speech regarding military service. Therefore, …
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory.,
2013
St. Mary's University School of Law
The Strange Case Of Lieutenant Waddell: How Overly Restrictive Rules Of Engagement Adversely Impact The American War Fighter And Undermine Military Victory., Jeffrey F. Addicott
St. Mary's Law Journal
A rules of engagement (“ROE”) Review Board should be created in order to provide an impartial review process for service members facing adverse administrative action for violations of ROE. Politicians defining the ROE, rather than military experts, create rules that are so restrictive and confusing that they ultimately run counter to the military objective of victory. A violation of a ROE can be a criminal offense under the Uniform Code of Military Justice, but violations are issued arbitrarily, and often the military does not charge the service member with a crime, instead using adverse administrative measures to impose punishment. While …
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt,
2013
University of Georgia School of Law
The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt, Sarah M. Stephens
Cardozo Journal of Equal Rights & Social Justice
The article argues that restrictions on women's reproductive rights in both the U.S. and Egypt are rooted in the use of authenticity and cultural essentialism to maintain patriarchal control. These restrictions, though justified through differing cultural and legal frameworks, reflect a common goal of silencing women and preserving traditional social hierarchies. The analysis highlights how law and politics are employed as tools to construct cultural otherness, furthering political agendas at the expense of women's reproductive autonomy and dignity.
An Unlikely Feminist Icon?: Justice Harry A. Blackmun's Continuing Influence On Reproductive Rights Jurisprudence,
2013
Michigan State University College of Law
An Unlikely Feminist Icon?: Justice Harry A. Blackmun's Continuing Influence On Reproductive Rights Jurisprudence, Sarah Primrose
Cardozo Journal of Equal Rights & Social Justice
The article examines Justice Harry Blackmun's pivotal role in the landmark *Roe v. Wade* decision, which legalized abortion in the United States and significantly advanced women's reproductive rights. Despite his initial reluctance to take on the case, Blackmun's opinion established a woman's right to privacy under the Fourteenth Amendment, balancing this right against state interests. The decision has had profound and enduring implications for women's autonomy and equality, though it has also faced persistent challenges and critiques, including concerns about its constitutional basis and the arbitrariness of the trimester framework. The article highlights Blackmun's personal background and jurisprudential approach, emphasizing …
The History Of International Adjudication,
2013
Notre Dame Law School
The History Of International Adjudication, Mary Ellen O'Connell, Lenore Vanderzee
Book Chapters
This chapter on the history of international adjudication will show that courts and tribunals have been part of international law since the emergence of modern international law with the rise of the state system in the mid-seventeenth century. Courts and their role within international law have also been a persistent part of the theoretical debates about the nature of international law. From an early emphasis on arbitration, support grew for the creation of courts with general compulsory jurisdiction. By the late twentieth century, the theoretical trend shifted toward interest in courts with special subject matter jurisdiction, including human rights, trade, …
Order In The Desert: Law Abiding Behavior At Burning Man,
2013
Florida International University College of Law
Order In The Desert: Law Abiding Behavior At Burning Man, Manuel A. Gómez
Faculty Publications
No abstract provided.
Reply - Commercialization Without Exchange,
2013
Benjamin N. Cardozo School of Law
Reply - Commercialization Without Exchange, Michael J. Burstein
Articles
In this brief reply to Prof. Ted Sichelman’s comments on my article Exchanging Information Without Intellectual Property, I argue that justifications for intellectual property that rely on the incentives exclusive rights offer for commercialization are not economically distinguishable from traditional theories based on incentives to invent or create in the first instance. Because innovation is not an event but a process, innovative activities may be subject to misappropriation – and therefore under-production – at multiple points along the supply chain that runs from conception to commercialization. The grant of exclusive rights is an intervention that can be made at any …
The Critique Of Judgment: Introduction,
2013
Benjamin N. Cardozo School of Law
The Critique Of Judgment: Introduction, Angelica Nuzzo, David G. Carlson
Articles
No abstract provided.
Where Corporations Are: Why Casual Visits To New York Are Bad For Business,
2013
Benjamin N. Cardozo School of Law
Where Corporations Are: Why Casual Visits To New York Are Bad For Business, Jeanne L. Schroeder, David G. Carlson
Articles
In this article, we examine the recent case of Hotel 71 Mezz Lender LLC v. Falor (2010), from the New York Court of Appeals. In this case, New York’s highest court held that LLCs are “present” in New York for jurisdictional purposes when the president of the LLC has submitted to New York jurisdiction in an unrelated law suit against him personally, and where the president came to New York for a deposition in that action. This, we claim, was unconstitutional. In addition, the New York Court of Appeals pronounced itself obliged by the United States Constitution to change the …
Concepts Of Law,
2013
Duke Law School
Concepts Of Law, Mathew D. Mccubbins, Mark Turner
Faculty Scholarship
No abstract provided.
Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts’ Opinion Upholding The Individual Mandate,
2013
University of Akron School of Law
Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts’ Opinion Upholding The Individual Mandate, Wilson Huhn
Akron Law Faculty Publications
Chief Justice John Roberts upheld the individual mandate of the Affordable Care Act because he rejected formalism and embraced realism in constitutional analysis, and because he deferred to Congress, acknowledging its right to make policy choices.
Precedent And Jurisprudential Disagreement,
2013
Notre Dame Law School
Precedent And Jurisprudential Disagreement, Amy Coney Barrett
Journal Articles
This Article, a contribution to a symposium on constitutional foundations, maintains that an unappreciated function of stare decisis is that of referee between competing visions of the Constitution. Stare decisis is styled as a doctrine of error-correction, but in controversial cases, "error" is often a stand-in for disagreement about first principles. In these cases, stare decisis functions less to guide the business of correcting mistakes — a conception that oversimplifies the reality of pluralism on the Court — than to mediate intense disputes about the Court’s role in interpreting the Constitution. Identifying this function of stare decisis offers a different …
