A Defensible Defense?: Reexamining Castle Doctrine Statutes,
2010
University of Colorado Law School
A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin
Publications
Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.
Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …
Worcester V. Georgia: A Breakdown In The Separation Of Powers,
2010
University of Oklahoma College of Law
Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist
American Indian Law Review
No abstract provided.
The Vitality Of The American Sovereign,
2010
University of Iowa College of Law
The Vitality Of The American Sovereign, Todd E. Pettys
Michigan Law Review
The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …
Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter,
2010
Seattle University School of Law
Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter
Seattle University Law Review
Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …
Rethinking The Separation Of Ownership From Management In American History,
2010
Seattle University School of Law
Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii
Seattle University Law Review
In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …
Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability,
2010
Seattle University School of Law
Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter
Seattle University Law Review
This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …
Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context,
2010
Seattle University School of Law
Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot
Seattle University Law Review
This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …
Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism,
2010
Fordham University School of Law
Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins
Faculty Scholarship
In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce. Applying Professor Nussbaum's capabilities …
Administering The Second Amendment: Law, Politics, And Taxonomy ,
2010
Fordham University School of Law
Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson
Faculty Scholarship
This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown,
2010
University of Michigan School of Law
Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson
Reviews
Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …
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.
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.
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, …
Judge Bell And Professional Courage,
2010
University of Georgia School of Law
Judge Bell And Professional Courage, Larry D. Thompson
Scholarly Works
This article eulogizes Judge Griffin B. Bell, with an emphasis on the importance of professional standards in the legal field.
The Interpretation-Construction Distinction,
2010
Georgetown University Law Center
The Interpretation-Construction Distinction, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!
The basic idea can be explained by …
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 Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused,
2010
American University Washington College of Law
The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition”
,
2010
American University Washington College of Law
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement,
2010
American University Washington College of Law
Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement, Elvia R. Arriola
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality,
2010
American University Washington College of Law
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda
American University Journal of Gender, Social Policy & the Law
No abstract provided.
