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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.
Post Frequency: 6.5/day Last Entry: April 21, 2017 at 06:21:46 Recent Entries: 222
By Law Students
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Global Institutional Choice
Posted on July 02, 2010Many of today?s problems are global in nature and scope. Collective action problems such as global climate change and systemic risk in capital markets threaten to affect every person on the planet. Yet because these problems transcend national boundaries, a single nation cannot solve them alone...
All Hands on Deck: Local Governments and the Potential for Bidirectional Climate Change Regulation
Posted on June 28, 2010Solutions are not coming from Washington. Solutions are coming from our cities. . . . We are the ones that address the issues that matter to people the most. We are the ones that provide the front line, the last hope. . . . When faced with inaction on climate… Read More »
Refining the Democracy Canon
Posted on June 25, 2010Professor Rick Hasen?s important new article, The Democracy Canon, identifies an intriguing and, until now, largely unnoticed practice in many state courts: the construing of election statutes with a strong thumb-on-the-scales in favor of easing voters? access to the polls, candidates? access to the ballot, and ballots? eligibility to be counted...
The Limits of Advocacy
Posted on June 21, 2010Party control over case presentation is regularly cited as a defining characteristic of the American adversarial system. Accordingly, American judges are strongly discouraged from engaging in so-called ?issue creation??that is, raising legal claims and arguments that have been overlooked or ignored by the parties?on the ground that doing so is… Read More »
Judicial Independence, Autonomy, and the Bankruptcy Courts
Posted on June 17, 2010Politicians, policymakers, and academics will occupy the foreseeable future debating the appropriate lessons to draw in the aftermath of the recent economic downturn. But few observers would question one lesson that has already come into sharp focus: bankruptcy courts play a central role in modern American life...
Blameless Ignorance? The Ledbetter Act and Limitations Periods for Title VII Pay Discrimination Claims
Posted on June 16, 2010In Ledbetter v. Goodyear Tire & Rubber Co. a new act of discrimination occurred and a new limitations period arose each time an employer issued a paycheck to an employee that reflected… Read More »
Mending Holes in the Rule of (Administrative) Law
Posted on June 14, 2010The past decade has witnessed a surge of interest in Carl Schmitt?s controversial assertion that the rule of law inevitably bends under the demands of state necessity during national emergencies. According to Schmitt, legal norms cannot constrain sovereign discretion during emergencies because ?the precise details of an emergency cannot be… Read More »
The Fourth Wave of Education Finance Litigation: Pursuing a Federal Right to an Adequate Education
Posted on June 09, 2010Litigation challenging the amount of funding available to low-income school districts is one of several initiatives reformers have pursued to improve the quality of public schools. This particular approach, so-called education finance litigation, is specifically focused on reducing the funding disparity that continues to persist among school districts...
The Origins of the Privileges or Immunities Clause, Part I: ?Privileges and Immunities? as an Antebellum Term of Art
Posted on June 07, 2010Constitutional scholars generally believe that the majority of the Supreme Court in The Slaughterhouse Cases erred in their narrow construction of the Privileges or Immunities Clause. Justice Samuel Miller?s attempt to distinguish the privileges and immunities of Article IV from the privileges or immunities of Section One is particularly vilified… Read More »
Did Liberal Justices Invent the Standing Doctrine? An Empirical Study of the Evolution of Standing, 1921-2006
Posted on June 02, 2010I. The Insulation Thesis The standing doctrine is the Rorschach test of federal courts. In theory, the doctrine serves a distinct function, namely ensuring that a litigant is the proper party to bring a claim in court. Yet standing remains one of the most contested areas of federal law, with… Read More »
From Federal Security to Homeland Security: Law, Politics, and Organization in the American Security Agenda
Posted on May 31, 2010Americans listening to one of President Franklin Roosevelt?s fireside chats on a cabinet-sized radio in the late 1930s could not have imagined the eventual birth of the Internet technology used to disseminate this Article. They would have been hard pressed to imagine the spectacular growth of East Asian economies, or… Read More »
The Anti-Stereotyping Principle in Constitutional Sex Discrimination Law
Posted on May 24, 2010In 1970, Ruth Bader Ginsburg, soon-to-be head of the ACLU?s Women?s Rights Project (WRP), had a novel idea: She decided to challenge the constitutionality of sex-based state action by bringing cases featuring male plaintiffs. Up to that point, only women had brought sex discrimination claims under the Fourteenth Amendment...
Measuring the Success of Bivens Litigation and Its Consequences for the Individual Liability Model
Posted on May 20, 2010Legal fictions are pervasive. Some are hopeful?when Chief Justice Roberts, for the plurality in Parents Involved in Community Schools, writes that ?[t]he way to stop discrimination on the basis of race is to stop discriminating on the basis of race,? he is alluding to the aspirational fiction that racial categorizations are… Read More »
Constructing Commons in the Cultural Environment
Posted on May 17, 2010The Maine lobster fishery is a successful example of a managed natural resource commons. To ensure an ongoing supply of lobsters in the face of threats to the fishery from unregulated over-fishing, over a period of years Maine lobster fishermen crafted a set of formal and informal rules to determine… Read More »
Blameless Ignorance? The Ledbetter Act and Limitations Periods for Title VII Pay Discrimination Claims
Posted on May 14, 2010In Ledbetter v. Goodyear Tire & Rubber Co., a new act of discrimination occurred and a new limitations period arose each time an employer issued a paycheck to an employee that reflected some… Read More »
An Empirical Analysis of § 1983 Qualified Immunity Actions and Implications of Pearson v. Callahan
Posted on May 10, 2010The Supreme Court?s recent decision in Pearson v. Callahan marked a turning point in a judicial experiment concerning § 1983 constitutional litigation, which began in 2001 with Saucier v. Katz. The experiment involved the doctrine of qualified immunity, an immunity from suit extended to state and local government officials (and… Read More »
Fraud on the Global Market: U.S. Courts Don?t Buy It; Subject-Matter Jurisdiction In F-Cubed Securities Class Actions
Posted on May 07, 2010The ability of publicly available information to affect stock prices and the globalization of the world?s economies has ushered in an era of transnational securities fraud. The United States, with its unique class-action mechanism, has become an increasingly attractive forum not only for U...
Cybersieves
Posted on May 03, 2010Derek E. Bambauer Your Internet is missing something. In India, it?s pornography. In China, it?s political dissent; in France, white supremacist sites; in America, copyrighted material. Countries worldwide are using a combination of legal rules and technological tools to make targeted information disappear from their citizens? view of cyberspace...
Fourth Amendment Remedial Equilibration: A Look at Herring v. United States and Pearson v. Callahan
Posted on April 30, 2010The Fourth Amendment protects the ?right of the people to be secure . . . against unreasonable searches and seizures . . . .? But, this amendment has long been steeped in controversy, especially when it comes to determining how to enforce it?by exclusionary rule requiring suppression of unlawfully-obtained evidence, civil… Read More »
Pleasant Grove City v. Summum: Monuments, Messages, and the Next Establishment Clause
Posted on April 26, 2010The facts of Pleasant Grove City v. Summum are well known by now: Summum, a small religious group, argued that Pleasant Grove City violated the Free Speech Clause of the First Amendment when it refused to display Summum?s monument in the city?s Pioneer Park, which already contained fifteen other monuments,… Read More »
Are All Legal Probabilities Created Equal?
Posted on April 25, 2010Legal payments are in many cases probabilistic. For example, in the criminal context, a fine is levied against a criminal only after a series of sequential probabilistic events occur: He must be caught by the police, charged by the prosecution, and convicted by a court in accordance with the procedural… Read More »
Invisible and Involuntary: Female Genital Mutilation As A Basis For Asylum
Posted on April 21, 2010Female genital mutilation (FGM), the practice of cutting or otherwise damaging the genitalia of women and girls, is a cultural tradition in some third-world countries. Although the practice is widespread in parts of the world, many women and girls participate unwillingly...
Disparate Impact
Posted on April 19, 2010Girardeau A. Spann Introduction There has been a lot of talk about post-racialism since the 2008 election of Barack Obama as the first black President of the United States. Some have argued that the Obama election illustrates the evolution of the nation from its unfortunate racist past to a… Read More »
Irrelevant Confusion
Posted on April 14, 2010In 2006, thousands of soccer fans showed up to the World Cup game between the Netherlands and the Ivory Coast wearing pants in the colors of the Dutch national team. The pants had been given out as promotional gifts by a beer company. FIFA, the governing body of international soccer,… Read More »
Notice-and-Comment Judicial Decisionmaking
Posted on April 12, 2010In this Article, we propose that courts should make draft opinions available to the public for comment (typically by posting them on the Internet) before issuing them in final form. This proposal is not as wacky as it might first sound. A variant, in which draft opinions are distributed to… Read More »
The Disintegration of Intellectual Property?: A Classical Liberal Defense
Posted on April 09, 2010I. The Conceptual Counteroffensive Against Private Property This basic theory of property rights identifies three central components of private ownership: the rights to possess, use, and dispose of property. Taken together, these elements facilitate the creation of complex voluntary arrangements to coordinate the activities of multiple actors...
Recognizing Equity Problems in the Taxation of Cross-Border Workers
Posted on April 05, 2010Suppose a Belgian resident earns all of his income in Germany. Under the Belgian-German tax treaty and Belgian law, only Germany would tax his income. But which country should grant him personal tax benefits?things like mortgage interest deductions and charitable deductions? Where a worker lives in one country but works… Read More »
The Choice-of-Law Problem(s) in the Class Action Context
Posted on April 02, 2010Over the past forty years, damage class actions have come to play an increasingly significant regulatory role in the consumer context. Recent legal developments, however, have greatly diminished the damage class?s practical utility: While damage class actions remain viable on the books, in practice unfavorable federal precedent and nearly exclusive… Read More »
The Disintegration of Intellectual Property?: A Classical Liberal Defense
Posted on April 01, 2010I. The Conceptual Counteroffensive Against Private Property This basic theory of property rights identifies three central components of private ownership: the rights to possess, use, and dispose of property. Taken together, these elements facilitate the creation of complex voluntary arrangements to coordinate the activities of multiple actors...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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On 08-25 at 15:46PM
Acute perpendicular parking #NYPD #NYFD
On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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