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The Constitution Of Cádiz In Florida, M C. Mirow 2012 Florida International University College of Law

The Constitution Of Cádiz In Florida, M C. Mirow

Faculty Publications

The article explores the vibrant constitutional community that existed in St. Augustine and the province of East Florida in the final decade of Spanish control of the area. Based on relatively unexplored primary sources, it reveals a great deal of unknown information about the importance of the Constitution in Florida immediately before the territory was transferred to the United States. The article provides full description of the Constitution's promulgation in 1812 and a second promulgation of the Constitution in 1820 (something unknown in the general literature). It also addresses the construction of the St. Augustine monument to the Constitution erected …


Justice John Paul Stevens, Originalist, Diane Marie Amann 2012 University of Georgia School of Law

Justice John Paul Stevens, Originalist, Diane Marie Amann

Scholarly Works

Commentators, including the author of a recent book on the Supreme Court, often attempt to give each Justice a methodological label, such as “practitioner of judicial restraint,” “legal realist,” “pragmatist,” or “originalist.” This Essay first demonstrates that none of the first three labels applies without fail to Justice John Paul Stevens; consequently, it explores the extent to which Justice Stevens’s jurisprudence paid heed to the fourth method, “originalism.” It looks in particular at Justice Stevens’s opinions in recent cases involving firearms, national security, and capital punishment. Somewhat at odds with conventional wisdom, the Essay reveals Justice Stevens as a kind …


The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre 2012 Texas A & M University Law School

The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre

Faculty Scholarship

The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.

We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English …


Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood 2012 Washington University in St. Louis School of Law

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …


Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal 2012 Fordham University School of Law

Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal

Faculty Scholarship

In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …


The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann 2012 University of Michigan Law School

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

Articles

When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …


The Demise Of The Federal Shield Law, William E. Lee 2012 University of Georgia

The Demise Of The Federal Shield Law, William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger 2012 New York Law School

Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger

Articles & Chapters

Yves Dezalay and Bryant Garth's three studies-Dealing in Virtue (1996), The Internationalization of Palace Wars (2002), Asian Legal Revivals (2010)-trace the globalization of law through "palace wars" among elites for positions in the "fields of state power." They conclude that globalization occurs through links among elites engaged in their domestic palace wars, which independently establish the symbolic power of law in each state. The article argues that while Dezalay and Garth provide an invaluable new starting point for further research, they do not adequately consider an emerging field of research documenting alternative pathways of legal development pursued by local activists …


The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores 2012 Georgetown Law Center

The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this paper the author argues, following Frederick Schauer, that attempting to move theoretically from-the-necessary-to-the-important may hinder our understanding of law. He further argues that attempting to move from-the-important-to-the-necessary may well be a more promising route for advancing our understanding of law as an interpretive practice which is not merely important or valuable but morally important or valuable and even necessary, as Ronald Dworkin has advocated. The authors argument also draws on the insights of Oliver Wendell Holmes Jr., who by discussing the important, but apparently neither necessary nor sufficient aspects of legal practice, integrated both logic and experience into …


Experimental Pragmatism In The Third Globalization, Justin Deystone 2012 University of Colorado Law School

Experimental Pragmatism In The Third Globalization, Justin Deystone

Publications

Pragmatism dominates contemporary legal thought, but knowing this isn’t knowing so much. Legal pragmatism means different things to different people, and as this essay argues, minimalist and experimentalist forms of regulation both share a broadly pragmatic sensibility about law and democracy. As a consequence, we need to tease out the various threads of legal pragmatism in the hope of distinguishing the pragmatisms that work from the ones that don’t, or less pragmatically, the ones that are just from the ones that are not. This knowledge will come from an ongoing assessment of the political stakes immanent in the pragmatisms, and …


Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin 2012 University of Colorado Law School

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Publications

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …


Race As A Legal Concept, Justin Deystone 2012 University of Colorado Law School

Race As A Legal Concept, Justin Deystone

Publications

Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure, characterizations of the rule have oftentimes kept pace with developments in race science, and the original invention of race as a rationale for the subordination of certain human populations is now a rationale with little …


Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis 2012 University of Colorado Law School

Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis

Publications

No abstract provided.


Natural Law Theory: Its Past And Its Present, John M. Finnis 2012 Notre Dame Law School

Natural Law Theory: Its Past And Its Present, John M. Finnis

Journal Articles

The past in which theory of this kind had its origins is notably similar to the present. For this is theory-practical theory-which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modem (Enlightenment, Nietzschean or postmodern) forms.


Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie 2012 Villanova University Charles Widger School of Law

Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie

Villanova Law Review (1956 - )

No abstract provided.


Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick McKinley Brennan 2012 Villanova University Charles Widger School of Law

Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.


On Finnis's Way In, Michelle Madden Dempsey 2012 Villanova University School of Law

On Finnis's Way In, Michelle Madden Dempsey

Villanova Law Review (1956 - )

No abstract provided.


The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister 2012 Villanova University Charles Widger School of Law

The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister

Villanova Law Review (1956 - )

No abstract provided.


Finnis On Lonergan: A Reflection, Frederick G. Lawrence 2012 Villanova University Charles Widger School of Law

Finnis On Lonergan: A Reflection, Frederick G. Lawrence

Villanova Law Review (1956 - )

No abstract provided.


Comment, Richard A. Munkelt 2012 Villanova University Charles Widger School of Law

Comment, Richard A. Munkelt

Villanova Law Review (1956 - )

No abstract provided.


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