Gender Inequality In Contracts Casebooks: Representations Of Women In The Contracts Curriculum,
2023
CUNY School of Law
Gender Inequality In Contracts Casebooks: Representations Of Women In The Contracts Curriculum, Deborah Zalesne
FIU Law Review
Gender has always explicitly or implicitly played a critical role in contracting and in contracts opinions—from the early nineteenth century, when married women lacked the legal capacity altogether to contract, through the next century, when women gained the right to contract but continued to lack bargaining power and to be disadvantaged in the bargaining process in many cases, to today, when women are present in greater numbers in business and commerce, but face continued, yet less overt, obstacles. Typical casebooks provide ample offerings for discussions of the ways in which parties can be and have been disadvantaged because of their …
The Application Of Law As A Key To Understanding Judicial Independence,
2023
Florida State University College of Law
The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee
FIU Law Review
Judges across China recently declined to apply a law that the National People’s Congress had newly brought into effect. In this article, I describe this startling finding and explore the significance of it. I conclude that it represents an exercise of judicial independence. Using a thickly descriptive approach that focuses on textual analysis and institutional context, I demonstrate that judges in China have no legal duty to apply law and that it is professionally risky for them to apply law; that judges there operate within a professional culture that encourages restraint; and that the court system has developed a strong …
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic,
2023
FIU College of Law
"Covid-19 Was The Publicist For Homeschooling" And States Need To Finally Take Homeschooling Regulations Seriously Post-Pandemic, Kristia Hoffman
FIU Law Review
Homeschooling was rapidly growing in the U.S. even before COVID-19. The pandemic accelerated this growth by quickly exposing nearly every American family to homeschooling in some form. The pandemic has ushered in a new age of homeschooling characterized by flexibility, technology, collaboration, and alternative forms of schooling beyond the traditional parent-teaching-child framework. Although the Supreme Court has never recognized a fundamental right of parents to homeschool their children, it has repeatedly recognized that parents have the right to direct their children’s education and to choose to educate them in the way they deem fit. There is debate as to what …
Remembering The Origins Of Modern Legal Education,
2023
University of Maryland Francis King Carey School of Law
Remembering The Origins Of Modern Legal Education, Paula A. Monopoli
Faculty Scholarship
American legal education came under tremendous pressure in the wake of the 2008 financial crisis. That crisis precipitated a decline in law school applications and a concomitant decrease in the size of American law school enrollments during the 2011–2012 academic year. Commentators offered a myriad of proposals for reforming legal education during that period. Yet many of those proposals failed to gain traction, and a decade later legal education looks much the same, albeit with smaller enrollments. One of those proposals was to shorten the three-year course of study. In this Article, I revisit the origins of that long-standing feature …
Situating Dobbs,
2023
University of Maryland Carey School of Law
Situating Dobbs, Paula A. Monopoli
Faculty Scholarship
The recent decision in Dobbs v. Jackson Women’s Health has been characterized as an outlier because its effect is to erase a previously recognized constitutional right. This paper situates Dobbs in a broader feminist constitutional history. It asks if this retrenchment is really such a unique turn in American jurisprudence when it comes to protections or “rights” that matter most to women’s lived experience. The paper argues that if one opens the aperture of constitutional history to embrace a more capacious view of rights, those afforded to women have often been eroded or erased by state legislatures, Congress, and courts. …
America’S Fraught Relationship With Privacy,
2023
University of Louisville, Louis D. Brandeis School of Law.
America’S Fraught Relationship With Privacy, Russell L. Weaver
FIU Law Review
No abstract provided.
Contemporary Crises In Cuba: Economic, Political, And Social,
2023
University of Michigan, Sociology
Contemporary Crises In Cuba: Economic, Political, And Social, Silvia Pedraza, Carlos Romero
FIU Law Review
In this paper my co-author and I will present the various crises that are taking place in Cuba at present: economic, political, and cultural. We rely on published data, such as the GDP, as well as materials from in-depth interviews and participant observation.
Book Review L Boats In A Storm: Law, Migration, And Decolonization In South And Southeast Asia, 1942–1962 By Kalyani Ramnath (Stanford University Press 2023),
2023
National Law School of India University
Book Review L Boats In A Storm: Law, Migration, And Decolonization In South And Southeast Asia, 1942–1962 By Kalyani Ramnath (Stanford University Press 2023), Anwesha Ghosh
Articles
Kalyani Ramnath’s Boats in a Storm undertakes the formidable task of retelling the histories of decolonisation in India, Burma, Malaya, and Ceylon using characters who would rarely fit the description of conventional historical actors. Ramnath departs from the rich political and diplomatic histories that celebrate the independence of nation states from the yoke of imperial rule. Instead, she focuses on the ways in which these states, with their newly re-instituted legislative, juridical, and bureaucratic regimes, wreaked havoc on the lives of itinerant migrants who straddled between ‘homes’ and places of work across the Bay of Bengal and eastern Indian Ocean …
On Beauty, Scholarship, And Function: The Lessons From, And Importance Of, Legal History In The Development Of The Law Of Marine Insurance: [Review Of] Marine Insurance: A Legal History By Rob Merkin,
2023
Singapore Management University
On Beauty, Scholarship, And Function: The Lessons From, And Importance Of, Legal History In The Development Of The Law Of Marine Insurance: [Review Of] Marine Insurance: A Legal History By Rob Merkin, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
A few words of explanation at the outset are perhaps necessary – if nothing else than to explain the apparently cryptic title of this review essay. What in fact began as a somewhat straightforward review of a book on the history of marine insurance took a wholly unexpected turn and morphed into a general essay on the beauty, scholarship and function of legal history as viewed through the lenses of marine insurance. Indeed, in addition to being a magisterial two-volume history of the law of marine insurance, the present work demonstrates – in the most vividly possible way – at …
The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience,
2023
Boston University School of Law
The Public Defender Movement In The Age Of Mass Incarceration: Georgia's Experience, Robert L. Tsai
Faculty Scholarship
Focusing on the efforts of the Southern Center for Human Rights, this article offers a grassroots history of the creation of the first statewide public defender in the State of Georgia in 2003. Whereas federal court litigation to improve indigent defense failed to achieve lasting reform, a shift in tactics toward “rebellious localism,” characterized by state court lawsuits against county and city officials, succeeded in prodding lawmakers to create a new framework for delivering legal services to indigent defendants. This model of legal change was effective in documenting structural flaws and creating momentum for reform. Yet other conditions—such as front-end …
Abandoning Animus,
2023
Boston University School of Law
Abandoning Animus, Robert L. Tsai
Faculty Scholarship
This Essay presents a preliminary set of arguments against the legal concept of animus grounded in actual practice. After considering the major reasons advanced in support of the animus approach as well as the main objections, I argue that the end of animus may come once we confront the limits of judicial capacity. First, judges have not been willing or able to resort to the animus rationale to call out bigotry where the evidence of hostility is robust. These failures suggest that projects founded upon judicial review to reduce hateful motivations may be overly optimistic. Second, on the occasions the …
The Need For Restatement Of The Common Law: A Long Look Back,
2023
Boston University School of Law
The Need For Restatement Of The Common Law: A Long Look Back, David J. Seipp
Faculty Scholarship
Restatements of the common law, the chief achievements of the American Law Institute (ALI), fulfilled a need that had long been expressed by lawyers and judges in England and America. Supreme Court Justice Joseph Story, responding in 1837 to the Massachusetts state legislature’s inquiry whether common law should and could be codified, reported that there could be tremendous saving of effort and time by lawyers and judges if a group of experts set out in written form the agreed principles and doctrines of common law. Story did not advise that the legislature should enact this written text of common law, …
The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River,
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Color Of Equity: Observations Of A Brown Buffalo On Indigenous Water Rights, Japanese Internment, And The Socio-Legal History Of The Colorado River, Tom I. Romero Ii
Scholarly Works
No abstract provided.
The Failed Idea Of Judicial Restraint: A Brief Intellectual History,
2023
American University Washington College of Law
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Scholarly Articles in Law Reviews & Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills,
2023
American University Washington College of Law
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills, Lewis Grossman
Scholarly Articles in Law Reviews & Journals
American courts and lawmakers are engaged in an epic struggle over the fate of abortion pills. While some anti-abortion activists are attempting to drive the pills off the market entirely, supporters of reproductive rights are striving to make them more easily accessible. This Article advances the latter mission with a bold proposal: FDA should consider allowing abortion pills to be sold over the counter (OTC). Abortion rights supporters argue that FDA should repeal the special distribution and use restrictions it unnecessarily imposes on mifepristone, one of two drugs in the medication abortion regimen. Even if FDA removed these restrictions, however, …
Gouverneur Morris And The Drafting Of The Federalist Constitution,
2023
Georgetown University Law Center
Gouverneur Morris And The Drafting Of The Federalist Constitution, William M. Treanor
Georgetown Law Faculty Publications and Other Works
The Salmon P. Chase Colloquium series has had two themes: One is great moments in constitutional law, and the other is people who have been forgotten but should not have been. This colloquium is primarily in the latter category—it is about a forgotten founder of the Constitution. But the Constitution has more than one forgotten founder. I did a Google search this afternoon for “Forgotten Founder” and there are a whole series of books on various people who are the Constitution’s Forgotten Founder. So the Chase Colloquium series has another decade of subjects: Luther Martin, George Mason, Charles Pinckney, Roger …
The International Law Profile Of The Ali,
2023
Columbia Law School
The International Law Profile Of The Ali, George A. Bermann
Faculty Scholarship
Though its focus, most notably in its Restatements, has traditionally been on domestic U.S. law, the American Law Institute (ALI) has conspicuously turned “international” in recognition of the fact that U.S. law does not, in the present world, operate in isolation from the law of foreign jurisdictions and international institutions. To be sure, the two most prominent Restatements in the field continue to bear the term “U.S.” in their title: “Restatement of the Foreign Relations Law of the United States” and “The U.S. Law of International Commercial and Investor-State Arbitration.” But both present bodies of law profoundly influenced by, and …
The Restatement Of Property: The Curse Of Incompleteness,
2023
Columbia Law School
The Restatement Of Property: The Curse Of Incompleteness, Thomas W. Merrill
Faculty Scholarship
The central feature of the American Law Institute’s Restatement of Property is that it remains incomplete after nearly seventeen volumes produced over nearly ninety years. The principal explanation for this is the proclivities of the Reporters who have been responsible for the first three iterations of this effort. Some of these proclivities, such as a commitment to meticulous research, have been commendable. But the incompleteness of the effort has reduced the influence of the property Restatement, relative to other Restatements like contracts and torts. The chapter concludes with a description of the Fourth Restatement of Property, now underway, and the …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community,
2022
Brooklyn Law School
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Lost Paradise: Colombia’S Failed Promise To Protect Human
Rights Defenders,
2022
Brooklyn Law School
Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez
Brooklyn Journal of International Law
On November 24, 2016, Colombia ended a half-century civil war with the Revolutionary Armed Forces of Colombia (FARC) with the signing of the Peace Accord. While there was hope that there would be a new era of peace and reconciliation, Colombia is consistently ranked as the most dangerous country in the world for human rights defenders. As a party to core international human rights treaties that protect the rights to life, physical integrity, and the right to defend human rights, Colombia is obligated to protect these rights and take the necessary preventative measures to protect human rights defenders. Accordingly, Colombia …
