Carl Schmitt And The Critique Of Lawfare,
2011
Georgetown University Law Center
Carl Schmitt And The Critique Of Lawfare, David Luban
Georgetown Law Faculty Publications and Other Works
“Lawfare” is the use of law as a weapon of war against a military adversary. Lawfare critics complain that self-proclaimed “humanitarians” are really engaged in the partisan and political abuse of law—lawfare. This paper turns the mirror on lawfare critics themselves, and argues that the critique of lawfare is no less abusive and political than the alleged lawfare it attacks. Radical lawfare critics view humanitarian law with suspicion, as nothing more than an instrument used by weak adversaries against strong military powers. Casting suspicion on humanitarian law by attacking the motives of humanitarian lawyers, they undermine disinterested argument, and ultimately …
Lyondell: A Note Of Approbation,
2011
University of Pennsylvania Law School
Lyondell: A Note Of Approbation, William W. Bratton
NYLS Law Review
No abstract provided.
Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective,
2011
University of Colorado Law School
Wilkes V. Springside Nursing Home, Inc.: A Historical Perspective, Mark J. Loewenstein
Publications
No abstract provided.
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts,
2011
Boston College Law School
Law, Politics, And The Erosion Of Legitimacy In The Delaware Courts, Kent Greenfield
NYLS Law Review
No abstract provided.
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule,
2011
Georgetown University Law Center
The Short, But Interesting Life Of Good Faith As An Independent Liability Rule, Robert B. Thompson
NYLS Law Review
No abstract provided.
Good Faith In Revlon-Land,
2011
Washington and Lee University School of Law
Good Faith In Revlon-Land, Christopher M. Bruner
NYLS Law Review
No abstract provided.
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms,
2011
Michigan State University College of Law
Producing Corporate Text: Courtrooms, Conference Rooms, And Classrooms, Mae Kuykendall
NYLS Law Review
No abstract provided.
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy,
2011
New York Law School
The Constitution As An Exploding Cigar And Other “Historian’S Heresies” About A Constitutional Orthodoxy, R.B. Bernstein
NYLS Law Review
No abstract provided.
Tort Reform And American Political Economy,
2011
Montclair State University
Tort Reform And American Political Economy, Ian J. Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …
Law's Visual Afterlife: Violence, Popular Culture, And Translation Theory,
2011
Georgetown University Law Center
Law's Visual Afterlife: Violence, Popular Culture, And Translation Theory, Naomi Mezey
Georgetown Law Faculty Publications and Other Works
In Walter Benjamin’s essay, “The Task of the Translator,” Benjamin argues that translations enable a work’s afterlife. Afterlife is not what happens after death but what allows a work (or event or idea) to go on living and to evolve over time and place and iteration. In its afterlife, the original is transformed and renewed. In this piece I explore film’s visual translation of law and the role film plays in law’s afterlife. Film translates law not by translating from one language to another, but by translating between media and discourses. The cultural-critical lens of translation highlights the discursive similarities …
New Mexico’S Major Reservoirs: An Overview,
2011
University of New Mexico
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
Water Matters!
This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900,
2011
University of Miami School of Law
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Articles
No abstract provided.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution,
2011
University of Miami School of Law
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Ferdinand Pecora: The Hellhound Of Wall Street,
2011
St. John's University School of Law
Ferdinand Pecora: The Hellhound Of Wall Street, Michael A. Perino
Faculty Publications
Few Americans today know who Ferdinand Pecora was, although he was once a media superstar, a nearly daily fixture in newspapers and radio broadcasts across the country. With the onset of our current economic woes his name has slowly begun to crop up again. In April 2009, House Speaker Nancy Pelosi called for a new "Pecora Commission" to investigate "what happened on Wall Street." The next week, the Senate invoked Pecora's name in voting to create an independent committee to investigate the financial crisis, and in January 2010 the Financial Crisis Inquiry Commission held its first hearings.
Pecora, a diminutive …
The Price Of The Ottoman Failure,
2011
St. John's University School of Law
The Price Of The Ottoman Failure, Mark L. Movsesian
Faculty Publications
(Excerpt)
The question of the implications of secularization for Christian communities in today’s Middle East is a difficult one, both because the extent of contemporary secularization in the region is contested, and because the term itself has so many different meanings. Nonetheless, a preliminary consideration imposes itself. Whatever else it means, secularization means legal equality for religious minorities, including Christians. Formal equality often exists in the Middle East today. Yet legal restrictions – apostasy prosecutions, limitations on clergy and churches, and so on – continue to pose real threats to Christians. Moreover, as Abdullahi An-Na‘im notes, ‘tension with the traditional …
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra,
2011
Villanova University School of Law
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
On Equality: The Anti-Interference Principle,
2011
Chapman University School of Law
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment,
2011
Washburn University School of Law
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984,
2011
University of Auckland Department of Sociology
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
University of Richmond Law Review
No abstract provided.
International Advocate For Peace Award Acceptance Speech,
2011
Yeshiva University, Cardozo School of Law
International Advocate For Peace Award Acceptance Speech, Abigail E. Disney
Cardozo Journal of Conflict Resolution
In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?
