Significance Of The Fujimori Trial,
2010
American University Washington College of Law
Significance Of The Fujimori Trial, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System,
2010
American University Washington College of Law
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Provoking Change: Comparative Insights On Feminist Homicide Law Reform,
2010
University of Colorado Law School
Provoking Change: Comparative Insights On Feminist Homicide Law Reform, Carolyn B. Ramsey
Publications
The provocation defense, which mitigates murder to manslaughter for killings perpetrated in the heat of passion, is one of the most controversial doctrines in the criminal law because of its perceived gender bias; yet most American scholars and lawmakers have not recommended that it be abolished. This Article analyzes trendsetting feminist homicide law reforms, including the abolition of the provocation defense in three Australian jurisdictions, places these reforms in historical context, and assesses their applicability to the United States. It ultimately advocates reintroducing the concept of justified emotion, grounded in modern equality principles and social values, as a requirement for …
The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience,
2010
American University Washington College of Law
The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Perelman's Theory Of Argumentation And Natural Law,
2010
Pacific McGeorge School of Law
Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Forgotten Freedom Of Assembly,
2010
Duke Law School
The Forgotten Freedom Of Assembly, John D. Inazu
Faculty Scholarship
The freedom of assembly has been at the heart of some of the most important social movements in American history: antebellum abolitionism, women's suffrage in the nineteenth and twentieth centuries, the labor movement in the Progressive Era and after the New Deal, and the civil rights movement. Claims of assembly stood against the ideological tyranny that exploded during the first Red Scare in the years surrounding the First World War and the second Red Scare of 1950s McCarthyism. Abraham Lincoln once called 'the right of the people peaceably to assemble' part of 'the Constitutional substitute for revolution'. In 1939, the …
The Strange Origins Of The Constitutional Right Of Association,
2010
Duke Law School
The Strange Origins Of The Constitutional Right Of Association, John D. Inazu
Faculty Scholarship
Although much has been written about the freedom of association and its ongoing importance to American constitutionalism, much recent scholarship mistakenly relies on a truncated history that begins with Roberts v. United States Jaycees, 468 U.S. 609 (1984), the case that divided constitutional association into intimate and expressive components. Roberts’s doctrinal framework has been rightly criticized. However, neither the right of association nor all of its doctrinal problems start there. The Supreme Court’s foray into the constitutional right of association began a generation earlier with NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958). This article offers a new …
Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life,
2010
New York Law School
Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Ugly American Hermeneutics,
2010
Pacific McGeorge School of Law
Ugly American Hermeneutics, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
Did Secession Really Die At Appomattox?: The Strange Case Of U.S. V. Jefferson Davis,
2010
Duke Law School
Did Secession Really Die At Appomattox?: The Strange Case Of U.S. V. Jefferson Davis, Cynthia Nicoletti
Faculty Scholarship
No abstract provided.
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?,
2010
University of Michigan Law School
Did We Avoid Historical Failures Of Antitrust Enforcement During The 2008-2009 Financial Crisis?, Daniel A. Crane
Articles
During both economic crises and wars, times of severe national anxiety, antitrust has taken a back seat to other political and regulatory objectives. Antitrust enforcement has often been a political luxury good, consumed only during periods of relative peace and prosperity. In 1890, the Sherman Act's adoption kicked off the era of national antitrust enforcement. Barely three years later, the panic of 1893 provided the first major test to the national appetite for antitrust enforcement. Perhaps 1893 should not be included in the story: antitrust was still young, and it was not even clear that the Sherman Act applied to …
The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases,
2010
Stanford Law School
The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When The Supreme Court Came To Michigan,
2010
University of Michigan Law School
When The Supreme Court Came To Michigan, Leonard M. Niehoff
Articles
It is an arcane and curious chapter in the history of the federal courts. Under the terms of the Judiciary Act of 1789, the members of the Supreme Court of the United States were obligated to travel around the country and hear cases that were brought before the lower courts in their assigned circuits. This resulted in what the justices condemned as a "painful and improper situation. "
"The Sole Right ... Shall Return To The Authors": Anglo-American Authors' Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright,
2010
University of Cambridge
"The Sole Right ... Shall Return To The Authors": Anglo-American Authors' Reversion Rights From The Statute Of Anne To Contemporary U.S. Copyright, Lionel Bently, Jane C. Ginsburg
Faculty Scholarship
The rise in the seventeenth and eighteenth centuries of a professional class of writers stimulated authors' demands for better remuneration from their writings. The increase in authors who sought to live from their work, rather than from patronage or personal fortune, likely provided at least one impulse for the author-protective provisions of the 1710 Statute of Anne. Under the regime of printing privileges that preceded the Statute of Anne, authors generally received from publisher-booksellers a one-time payment, made when the authors surrendered their manuscripts for publication. Authors whose works enjoyed particularly high demand might negotiate additional payments for new editions …
Who Judges? Who Cares? History Now And Then,
2010
Columbia University Law School
Who Judges? Who Cares? History Now And Then, Barbara Aronstein Black
Faculty Scholarship
There are two strands of history: Call them strand A and strand B. A: "How independent are those who judge?" B: "Where is the judicial power located?" At a high enough level of abstraction the strands merge (as, at a high enough level of abstraction, what does not?). The issue then becomes whether in a given society all judging is in the hands of independent judges. And the point is that there are two ways of avoiding the decision of cases by independent judges, corresponding, naturally, to the two strands of history:
[A] Through the judges: Punish them, reward them, …
Substantive Canons And Faithful Agency,
2010
Notre Dame Law School
Substantive Canons And Faithful Agency, Amy Coney Barrett
Journal Articles
Federal courts have long employed substantive canons of construction in the interpretation of statutes. For example, they apply the rule of lenity, which directs that ambiguous criminal statutes be interpreted in favor of the defendant, and the avoidance canon, which directs that statutes be interpreted in a manner that prevents the court from having to address serious constitutional questions. They also apply so-called “clear statement” rules — for example, absent a clear statement from Congress, a federal court will not interpret a statute to abrogate state sovereign immunity. While some commentators have attempted to rationalize these and other substantive canons …
Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc.,
2010
Benjamin N. Cardozo School of Law
Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway,
2010
Benjamin N. Cardozo School of Law
Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Puzzle Of Brandeis, Privacy, And Speech,
2010
Washington University in St. Louis School of Law
The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards
Scholarship@WashULaw
Most courts and scholarship assume that privacy and free speech are always in conflict, even though each of these traditions can be traced back to writings by Louis D. Brandeis – his 1890 Harvard Law Review article “The Right to Privacy” and his 1927 concurrence in Whitney v. California. How can modern notions of privacy and speech be so fundamentally opposed if Brandeis played a major role in crafting both? And how, if at all, did Brandeis recognize or address these tensions? These questions have been neglected by scholars of First Amendment law, privacy, and Brandeis. In this paper, I …
The Strange Origins Of The Constitutional Right Of Association,
2010
Washington University in St. Louis School of Law
The Strange Origins Of The Constitutional Right Of Association, John D. Inazu
Scholarship@WashULaw
Although much has been written about the freedom of association and its ongoing importance to American constitutionalism, much recent scholarship mistakenly relies on a truncated history that begins with Roberts v. United States Jaycees, 468 U.S. 609 (1984), the case that divided constitutional association into intimate and expressive components. Roberts’s doctrinal framework has been rightly criticized. However, neither the right of association nor all of its doctrinal problems start there. The Supreme Court’s foray into the constitutional right of association began a generation earlier with NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958).
This article offers a new …
