The Legal Workshop: Academic

Home -> Law Blog Directory -> Academic Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Academic

The Legal Workshop

Legal scholarship published in the print editions of the law reviews and law journals of the following law schools: University of Chicago, Stanford, New York University, Cornell, Duke, Georgetown, and Northwestern.
By Law Students

Post Frequency: 4.3/day

Last Entry: May 27, 2013 at 16:15:58

Circumvention Tourism in Brief

Posted on May 27, 2013
I. Introduction The rapidly growing industry of medical tourism?the travel of patients from their ?home country? to a ?destination country? for treatment?raises a number of ethical and legal concerns. ?Circumvention tourism,? a term Cohen has coined for the subset of medical tourism for services that are legal in the destination… Read More »

Judging Sex

Posted on May 27, 2013
Over three decades ago, rape law advanced to reflect the general proposition that a woman’s past sexual conduct is not evidence that she consented to an alleged rape. In the past, behavior deemed unchaste was thought to suggest a greater likelihood that a rape victim willingly engaged in sex with… Read More »

Jasmine Revolutions

Posted on May 13, 2013
Will the Internet help topple tyrants, or will it further cement their control? Prominent skeptics challenge the notion that the Internet will help rid the world of dictators and, worse yet, hold that it may even assist autocrats in manipulating the public...

Interactive Contracting in Social Networks

Posted on May 13, 2013
The last five years witnessed explosive growth in the use of online social-networking services. These services, commonly known as social networks, provide people with a flexible medium through which to communicate and interact with others. People and businesses alike have discovered a plethora of ways in which to capitalize on… Read More »

To access this complete feed in the blog feed reader login or register for free.

Rethinking Legal Globalization: The Case of Transnational Personal Jurisdiction

Posted on April 26, 2013
Transnational law and globalization talk is in vogue. Scholars have created a massive oeuvre of transnational legal scholarship. Judges, including United States Supreme Court Justices, frequently travel abroad to teach transnational law and take part in law reform efforts in foreign countries...

The Consumer Financial Protection Bureau: Financial Regulation for the 21st Century

Posted on April 16, 2013
The recent financial crisis, the worst since the Great Depression, was partly the result of federal regulatory failure. This regulatory apparatus was simply not up to the task of responding to new products offered in the midst of the dramatic growth in lending...

Dodd?Frank?s Say on Pay: Will It Lead To A Greater Role for Shareholders in Corporate Governance?

Posted on April 16, 2013
For the past twenty years, executive pay in U.S. public companies has been controversial. Some say its set by captured boards and is too high. Some say it reflects the marketplace in action, and executives get what they’re worth. Some say its being reformed and increasingly rewards the right things...

Credit Card Pricing: The CARD Act and Beyond

Posted on March 25, 2013
Credit card contracts have come under increased public and political scrutiny. This scrutiny culminated in the passage, by an overwhelming bipartisan majority, of the Credit Card Accountability, Responsibility and Disclosure Act of 2009 (the CARD Act) and in the creation, as part of the Dodd-Frank Wall Street Reform and Consumer Protection… Read More »

The Limits of ?Name and Shame? in International Financial Regulation

Posted on March 25, 2013
The global financial crisis left no doubt that national regulatory systems were flawed across many dimensions. Legislatures in key jurisdictions, in response, authorized sweeping reforms that promise to remake the landscape of financial regulation, once fully implemented...

Revitalizing the Patent System to Incentivize Pharmaceutical Innovation: The Potential of Claims with Means-Plus-Function Clauses

Posted on March 08, 2013
Traditionally, the United States patent system has been considered successful in promoting innovation in the pharmaceutical industry. In the past few years, however, loss of patent protection has caused sales revenue for innovative firms to plummet. Many firms have heavily cut their investments in research and development (R&D) for new… Read More »

Judicial Takings or Due Process?

Posted on November 30, 2012
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a plurality of the U.S. Supreme Court concluded that the Takings Clause of the U.S. Constitution prohibits the judiciary from declaring that ?what was once an established right of private property no longer exists? unless the property owner… Read More »

TOWARD A COMPARATIVE APPROACH TO THE CRIME OF GENOCIDE

Posted on November 09, 2012
The annihilation of more than 1.5 million Cambodians at the hands of the Khmer Rouge is widely considered a quintessential case of genocide. Whether these atrocities meet the definition of genocide as a legal matter, however, remains unsettled. As of October 2012, the question of whether genocide occurred in Cambodia… Read More »

Resolving Election Error: The Dynamic Assessment of Materiality

Posted on October 30, 2012
Error will drive the result of at least one election in 2012. This is not a difficult prediction: though the Bush v. Gore election brought the issue to the national spotlight, photo-finish and error-laden elections recur in each cycle. As a practical matter, the prospect of error is unavoidable...

Contra Nemo Iudex in Sua Causa: The Limits of Impartiality

Posted on October 24, 2012
Invoked by the U.S. Supreme Court in diverse cases, the maxim nemo iudex in sua causa?no man should be judge in his own case?is widely thought to capture a bedrock principle of natural justice and constitutionalism. Despite its undoubted appeal, however, the maxim is a misleading half-truth...

Children?s Rights and a Capabilities Approach: The Question of Special Priority

Posted on October 06, 2012
A defining feature of the last century was the progressive expansion of rights to ?people once ignored or excluded? by the law. A major milestone, in that process, was also the recognition of children?s rights in both international human rights (IHR) law and various national constitutions...

The Continued Relevance of the Declaration of Independence

Posted on October 05, 2012
INTRODUCTION In several recent decisions, the Supreme Court reasserted its exclusive power to review the constitutionality of federal statutes while diminishing Congress?s authority to pass civil rights legislation. Beginning with City of Boerne v. Flores (1997), the Court issued a series of opinions placing significant limitations on Congress?s power under… Read More »

The Artist as Brand: Toward a Trademark Conception of Moral Rights

Posted on September 19, 2012
?Moral rights? is an eyebrow-raising phrase in American legal discourse. Tinged with strong personhood rhetoric?and frighteningly despotic in their very name?moral rights seem directly opposed to the economic justifications underlying U.S. intellectual property law...

Curtailing Copycat Couture: The Merits of the Innovative Design Protection and Piracy Prevention Act and a Licensing Scheme for the Fashion Industry

Posted on September 12, 2012
U.S. intellectual property (?IP?) law, while protecting the logos and brand names of fashion houses as well as the fabric prints used on garments, currently does not provide protection for the actual fashion design itself. It is usually permissible to copy the precise construction and design of a garment, even… Read More »

Could Specialized Criminal Courts Help Contain the Crises of Overcriminalization and Overincarceration?

Posted on September 05, 2012
The Explosion of Specialized Criminal Courts: An Introduction With aspirations of reducing reliance on incarceration, specialized criminal courts proliferated widely over the past two decades. There are approximately 3,000 specialized criminal courts in the United States, including drug courts, mental health courts, veterans courts, and reentry courts...

Why Do Patent Holders Cooperate?

Posted on July 13, 2012
This essay discusses the bold and intriguing theory that our patent system?s problems can be corrected through private cooperation. According to some commentators, cooperative efforts such as patent pools, research consortia, and similar licensing collectives are proof that market participants have the wisdom and the will to collectively disarm their… Read More »

Probabilistic Standing

Posted on July 13, 2012
Under the case or controversy clause, the federal judiciary cannot address legal questions in the abstract; it may do so only in the course of resolving a case ? that is, a dispute capable of resolution by a judicial order imposing a specific form of relief through an ?an immediate… Read More »

Choice of Law in Federal Courts: From Erie and Klaxon to CAFA and Shady Grove

Posted on July 13, 2012
Erie Railroad v. Tompkins is one of our great cases?a landmark in the law. But it remains in many ways surprisingly mysterious. Scholars disagree sharply over what it stands for, what its constitutional basis is, and even whether such a basis exists. Nor has the body of doctrine we call… Read More »

Recognizing Character: A New Perspective on Character Evidence

Posted on June 18, 2012
The Federal Rules of Evidence regulate proof of character because courts have historically viewed character evidence as unfairly prejudicial. But in order to know whether or not to apply these rules, courts must know what is, and what is not, character proof...

Hierarchy and Heterogeneity: How to Read a Statute in a Lower Court

Posted on June 15, 2012
Is statutory interpretation an activity that all courts should, in principle, perform the same way? Or should methods of statutory interpretation systematically vary depending on which court is doing the interpreting? Courts and commentators overwhelmingly assume that interpretive methods should be essentially homogeneous across courts...

Without a Leg to Stand On?: Class Representatives, Federal Courts, and Standing Desiderata

Posted on June 15, 2012
I. INTRODUCTION Whether it?s over the siren song of McDonald?s Happy Meals or historic employment discrimination, class actions presently appear to be the desired route for bands of plaintiffs to ?stick it to ?the Man??; that is, to seek redress from big business for mass harms...

Langdell and the Leviathan: Improving the First Year Law School Curriculum by Incorporating MOBY DICK

Posted on June 15, 2012
?And thus there seems a reason in all things, even in law.? Herman Melville, Moby Dick, Chapter 90 ?For small erections may be finished by their first architects; grand ones, true ones, ever leave the copestone to posterity . . . . [t]his whole book is but a draught?nay, but… Read More »

Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders

Posted on May 30, 2012
I. Marching Toward the New Multiculturalism Multiculturalism has long served as a principle unifying various philosophical, political, and sociological programs that place a high value on culture and cultural groups. Yet within this tradition lies a recent trend toward a ?new multiculturalism,? which focuses not simply on principles of recognition… Read More »

?Done in Convention?: The Attestation Clause and the Declaration of Independence

Posted on May 21, 2012
At the close of the Constitution approved by the Constitutional Convention in 1787, there is a short clause indicating the date on which?as well as the location where?the Constitution was concluded and signed. Known as the Attestation Clause, it recorded the date of the Constitution?s completion?and it did so in… Read More »

Business Courts and Interstate Competition

Posted on May 07, 2012
Introduction Over the past twenty years, specialized trial courts with dockets comprised primarily or exclusively of business cases?commonly known as business courts?have been established in nineteen states across the United States. In these courts, cases are not subject to the master calendar system...

Tort, Not Contract: An Argument for Reevaluating the Economic Loss Rule and Classifying Building Damage as ?Other Property? When It Is Caused by Defective Construction Materials

Posted on May 07, 2012
Introduction The economic loss rule (ELR) precludes bringing a tort action for economic loss, such as lost profits, when the parties? expectations are governed by a contract. The thesis of this Note is that building damage caused by defective construction materials should not be considered economic loss under the ELR… Read More »

Related Law Bulletins

Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...

The Immigrant Legal Resource Center Legislative Forecast
The ILRC Forecast on Immigration ReformJudith Golub, Executive Dir...

The Christian Legal Society and "discrimation": Response to Susan
In response to Susan's post, I'm inclined to think that, yes, the ...

Stacy Scnheider Legal Commentator Apprentice

Catholic Legal Theory and life and death
Tom Bergâ€™s question regarding the propriety or not of capital pu...