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27,032 full-text articles. Page 612 of 632.

Antecedent Law: The Law Of People Making, Carter Dillard 2010 Emory University

Antecedent Law: The Law Of People Making, Carter Dillard

Carter Dillard

In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...


Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison III 2010 Regent University School of Law

Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison Iii

Benjamin V Madison, III

This article explores the role of procedural institutions, both in the Constitution and in other laws related to the judicial system, that promote impartial justice. The article explores the twin principles of human fallibility and the equality of all human beings as the fundamental bases of the judicial system. The role of procedure in enabling federal courts to enforce the Supreme Court's decision in Brown v. Board of Education is a featured part of the article.


Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco 2010 Chicago-Kent College of Law

Valuing Intellectual Property: An Experiment, Christopher Sprigman, Christopher Buccafusco

Christopher Sprigman

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


Examining A First Amendment Court Case To Teach Argument Analysis To Freshman Writers At An Art College, Angelika Festa 2010 Massachusetts College of Art

Examining A First Amendment Court Case To Teach Argument Analysis To Freshman Writers At An Art College, Angelika Festa

Human Architecture: Journal of the Sociology of Self-Knowledge

By examining the arguments put forth by plaintiffs and defendants in art censorship cases, students in a freshman writing course become aware that argumentation and analysis play important roles not only in courts of law but also in the art world and in their own everyday lives as artists. This article discusses effective use of published information about a 1999 First Amendment case (Brooklyn Institute of the Arts and Sciences v. City of New York and Rudolph W. Giuliani). Guided by reading and writing assignments and a series of class discussions, students learn to analyze arguments on rights related to ...


Extreme Vulnerability Of Migrants: The Cases Of The United States And Mexico, Jorge A. Bustamante 2010 Georgetown University Law Center

Extreme Vulnerability Of Migrants: The Cases Of The United States And Mexico, Jorge A. Bustamante

International Migrants Bill of Rights Symposium

This paper deals with the notion of vulnerability of migrants, with respect to the realities of two countries, the United States and Mexico. The vulnerability of migrants is understood as a heterogeneously imposed condition of powerlessness. This is based on the premise that migrants are inherently vulnerable as subjects of human rights from the point of their departure as they leave home to initiate their migration. That is, any human being is less vulnerable at home than after she leaves home to become a migrant. The same applies to a sociological extension of the notion of home--a community of origin ...


Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili 2010 Penn State Law

Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili

Penn State International Law Review

No abstract provided.


Death Ineligibility And Habeas Corpus, Lee B. Kovarsky 2010 University of Maryland Francis King Carey School of Law

Death Ineligibility And Habeas Corpus, Lee B. Kovarsky

Faculty Scholarship

I examine the interaction between what I call 'death ineligibility' challenges and the habeas writ. A death ineligibility claim alleges that a criminally-confined capital prisoner belongs to a category of offenders for which the Eighth Amendment forbids execution. By contrast, a 'crime innocence' claim alleges that, colloquially speaking, a capital prisoner 'wasn’t there, and didn’t do it.' In the last eight years, the Supreme Court has identified several new ineligibility categories, including mentally retarded offenders. Configured primarily to address crime innocence and procedural challenges, however, modern habeas law is poorly equipped to accommodate ineligibility claims. Death Ineligibility traces ...


Modern Application Of The Right Of Publicity To Virtual Avatars, Elina Slavin 2010 Seton Hall Law

Modern Application Of The Right Of Publicity To Virtual Avatars, Elina Slavin

Law School Student Scholarship

No abstract provided.


When U.S. Supreme Court Decisions Are Not Final: An Examination Of The Rehearing Rule And The Court’S Application Of It In Kennedy V. Louisiana, Brian De Vito 2010 Seton Hall Law

When U.S. Supreme Court Decisions Are Not Final: An Examination Of The Rehearing Rule And The Court’S Application Of It In Kennedy V. Louisiana, Brian De Vito

Law School Student Scholarship

No abstract provided.


Katz In The Era Of Mobile Computing: How Society's Changing Expectations Of Privacy Impact The Law, Michael B. Fusco 2010 Seton Hall Law

Katz In The Era Of Mobile Computing: How Society's Changing Expectations Of Privacy Impact The Law, Michael B. Fusco

Law School Student Scholarship

No abstract provided.


A Duty To Serve?: Assessing The Application Of Religious Exemptions For Marriage Officiants In Same-Sex Marriage Laws With Lessons Learned From The Reproductive Rights World, Christina Coiro 2010 Seton Hall Law

A Duty To Serve?: Assessing The Application Of Religious Exemptions For Marriage Officiants In Same-Sex Marriage Laws With Lessons Learned From The Reproductive Rights World, Christina Coiro

Law School Student Scholarship

No abstract provided.


Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca 2010 Penn State Law

Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca

Penn State International Law Review

No abstract provided.


William Lawrence: Perspectives Of A Reconstruction Republican On The 14th Amendment, Jeremy D. Burkhart 2010 University of Akron Main Campus

William Lawrence: Perspectives Of A Reconstruction Republican On The 14th Amendment, Jeremy D. Burkhart

The 39th Congress Project

No abstract provided.


Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin 2010 University of Akron School of Law

Summary Judgment And The Influence Of Federal Rulemaking, Bernadette Bollas Genetin

Con Law Center Articles and Publications

No abstract provided.


Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes 2010 University of Akron School of Law

Enforcing The Bill Of Rights Against The States: The History And The Future, Richard Aynes

Akron Law Publications

This article traces, in broad strokes, the history of the disputes about whether or not the Bill of Rights can be enforced against the states.

It begins with pre-Fourteenth Amendment claims and recounts the actions of the 39th Congress: The Freedman’s Bureau, the Civil Rights Act of 1866, and the Fourteenth Amendment. Several speeches on the Amendment from the Congressional elections of 1866 are utilized, including those of Section 1 author John Bingham, Congressmen Columbus Delano, Rutherford B. Hayes, James Wilson, James Garfield, and Senator John Sherman, as well as Democrats who participated in what has been termed the ...


Mcdonald V. Chicago, The Fourteenth Amendment, The Right To Bear Arms And The Right Of Self-Defense, Richard L. Aynes 2010 University of Akron School of Law

Mcdonald V. Chicago, The Fourteenth Amendment, The Right To Bear Arms And The Right Of Self-Defense, Richard L. Aynes

Akron Law Publications

The Supreme Court of the United States has granted certiorari in the case of McDonald v. City of Chicago to consider this question:

"Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses."

This case follows and seeks to build upon District of Columbia v. Heller which held that the Second Amendment protects both the right to self-defense and what has been termed an individual right to bear arms. Of course, Heller’s application is limited to the federal government and has ...


Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks 2010 University of Maryland School of Law

Thurgood Marshall, The Race Man, And Gender Equality In The Courts, Taunya Lovell Banks

Faculty Scholarship

Renowned civil rights advocate and race man Thurgood Marshall came of age as a lawyer during the black protest movement in the 1930s. He represented civil rights protesters, albeit reluctantly, but was ambivalent about post-Brown mass protests. Although Marshall recognized law's limitations, he felt more comfortable using litigation as a tool for social change. His experiences as a legal advocate for racial equality influenced his thinking as a judge.

Marshall joined the United States Supreme Court in 1967, as dramatic advancement of black civil rights through litigation waned. Other social movements, notably the women's rights movement, took its ...


Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne 2010 William & Mary Law School

Clashing Visions Of A "Living" Constitution: Of Opportunists And Obligationists, William W. Van Alstyne

Faculty Publications

No abstract provided.


Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan 2010 College of William & Mary Law School

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Faculty Publications

This Article explores the consequences for good governance of poorly constructed legal infrastructure in the Tenth Amendment context, and recommends a simple jurisprudential fix: exchanging a property rule for the inalienability remedy rule that the Supreme Court used to protect the anticommandeering entitlement in New York v. United States. Grounded in a values-based theory of American federalism, it shows how the New York inalienability rule unnecessarily removes tools for resolving interjurisdictional quagmires - exemplified by the radioactive waste capacity problem at the heart of the New York litigation - by prohibiting novel forms of state-federal bargaining. In New York, the Court held ...


Church V. State: Resolving One Problem But Raising Another - Addressing The Use Of The Surveillance Location Privilege And The Limited Remand, David J. Martin 2010 University of Maryland Francis King Carey School of Law

Church V. State: Resolving One Problem But Raising Another - Addressing The Use Of The Surveillance Location Privilege And The Limited Remand, David J. Martin

Maryland Law Review Online

No abstract provided.


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