Tag Archives: Issue 1

Contract Formalism, Scientism, and the M-word: A Comment on Movsesian’s Under-theorization Thesis

Professor Mark Movsesian has proposed an interesting thesis on the similarities and differences between classical and contemporary contract formalism. 1 He compares the work of Samuel Williston, exemplifying the classical formalism of the early twentieth century, with contemporary contract formalism, … Continue reading

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Reading Back, Reading Black

Allow me a critical gesture. More specifically, taking to heart the offer to put forth an Idea, allow me to suggest a way of reading the law. I am not suggesting a reading that is exclusivist. However, I am suggesting … Continue reading

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Timing Controversial Decisions

Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not continue affirmative action programs, or that … Continue reading

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The Impact of a Knee-Jerk Reaction: The Patriot Act Amendments to the Foreign Intelligence Surveillance Act and the Ability of One Word to Erase Established Constitutional Requirements

The attacks of September 11th sparked a new era in American political and legal history, altering the disposition of the nation’s citizens and the legal community from a feeling of comfort and tranquility to vulnerability and paranoia. A result of … Continue reading

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Economics of Electronic Waste Disposal Regulations

The components of municipal solid waste are rapidly changing. Obsolete computers, cellular phones, televisions, and many other outdated electronics, all known as electronic waste, are becoming a greater proportion of the global municipal waste stream. Technological innovation continues to improve, … Continue reading

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Judges as Humans: Interdisciplinary Research and the Problems of Institutional Design

We demand a lot from judges. The job description calls for traits such as impartiality, fairness, independence, integrity, civility, and professionalism. What is more, the judge should exemplify these traits not merely on good days, but every day in every … Continue reading

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Holding the Due Process Line For Asylum

In the summer of 2007, as scandals surround the Department of Justice (“DOJ”), Monica Goodling’s testimony before Congress drew national attention to the systemic failings of the U.S. immigration courts. The improper hiring practices described by the former Justice Department … Continue reading

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Client Choice, Contractual Restraints, and the Market for Legal Services

The freedom of clients to discharge their lawyers at any time, with or without cause, greatly facilitates competition among lawyers. An era of lawyer mobility that has destabilized law firms and rewarded lawyers able to command the loyalty of their … Continue reading

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Federal Student Loan Repayment Assistance for Public Interest Lawyers and Other Employees of Governments and Nonprofit Organizations

In two provisions of the CCRAA, Congress has significantly improved access to higher education, particularly graduate and professional education, for persons who would like to have lower-paying public service careers, but who will be saddled by high educational debts incurred … Continue reading

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Are We Still Americans?

We are living in a time of crisis. Terrorists have struck our shores and promise to again. We are at war in Afghanistan and Iraq and some believe we should add Iran to our battlefields. To protect us, the President … Continue reading

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