Thursday, August 28, 2003
leaving town
I'm leaving town for a vacation and for an oral argument. So there may not be many (or, indeed, any) updates till September 4 or5, unless someone else chimes in with a review of some article. Cheers!
Wednesday, August 27, 2003
off schedule
A journal that is running late:
- William and Mary Bill of Rights Journal (December 2002 issue only came out just now).
law review headlines
The latest issue of the Akron Law Review has articles from a symposium on John Bingham and the Meaning of the Fourteenth Amendment.
The Spring 2003 issue of the American Criminal Law Review contains its Eighteenth Survey of White Collar Crime.
The Spring 2003 issue of the Antitrust Bulletin has an article by Phillip C. Zane entitled The Price Fixer's Dilemma: Applying Game Theory to the Decision of Whether to Plead Guilty to Antitrust Crimes.
The September 2003 issue of the Harvard Business Review has an article by Halley Suitt entitled A Blogger in Their Midst.
The December 2002 issue of the William and Mary Bill of Rights Journal has articles from a symposium on Prosecuting White-Collar Crime.
The Spring 2003 issue of the American Criminal Law Review contains its Eighteenth Survey of White Collar Crime.
The Spring 2003 issue of the Antitrust Bulletin has an article by Phillip C. Zane entitled The Price Fixer's Dilemma: Applying Game Theory to the Decision of Whether to Plead Guilty to Antitrust Crimes.
The September 2003 issue of the Harvard Business Review has an article by Halley Suitt entitled A Blogger in Their Midst.
The December 2002 issue of the William and Mary Bill of Rights Journal has articles from a symposium on Prosecuting White-Collar Crime.
Tuesday, August 26, 2003
law review headlines
The most recent issue of the Columbia Journal of Environmental Law contains an article by Michael Burger on Bi-Polar and Polycentric Approaches to Human Rights and the Environment.
Monday, August 25, 2003
law review headlines
The most recent issue of the Columbia Business Law Review contains articles from the Milton Handler Annual Antitrust Review 2002, including Timothy J. Muris, Looking Forward: The Federal Trade Commission and the Future Development of U.S. Competition Policy, and R. Hewitt Pate, Antitrust Enforcement at the United States Department of Justice: Issues in Merger Investigations and Litigation.
The Winter 2003 issue of the Vermont Law Review contains Robert W. Adler, The Supreme Court and Ecosystems: Environmental Science in Environmental Law and Emily Grant, Toward a Deeper Understanding of Legal Research and Writing as a Developing Profession.
The Winter 2003 issue of the Vermont Law Review contains Robert W. Adler, The Supreme Court and Ecosystems: Environmental Science in Environmental Law and Emily Grant, Toward a Deeper Understanding of Legal Research and Writing as a Developing Profession.
Friday, August 22, 2003
off schedule
Journals that are running late:
- The Hastings West-Northwest Journal of Environmental Law and Policy (Fall 2002 issue only came out just now)
- Journal of Legal Pluralism and Unofficial Law (2002 issue came out just now)
- Mississippi College School of Law (Fall 2002 issue came out just now)
caught up
The Georgia State University Law Review, which was running behind, is now almost caught up, given that its Spring 2003 issue came out in August 2003. (To compare, its Fall 2002 issue came out in July 2003 and its Winter 2002 issue also came out in July 2003.) Keep it up! It's really hard, once you get behind.
The most recent issue of the Journal of Legal Pluralism and Unofficial Law has an article by Tom G. Svensson entitled Indigenous Rights and Customary Law Discourse: Comparing the Nisga'a and the Sami and an article by Franz von Benda-Beckmann entitled Who's Afraid of Legal Pluralism?.
The most recent issue of the Journal of Legal Pluralism and Unofficial Law has an article by Tom G. Svensson entitled Indigenous Rights and Customary Law Discourse: Comparing the Nisga'a and the Sami and an article by Franz von Benda-Beckmann entitled Who's Afraid of Legal Pluralism?.
law review headlines
The Spring 2003 issue of the Georgia State University Law Review has an article by Dionne Koller Fine entitled Physician Liability and Managed Care: A Philosophical Perspective.
Wednesday, August 20, 2003
off schedule
A journal that is running late:
- The ILSA Journal of International and Comparative Law (Fall 2002 issue came out just now)
law review headlines
The most recent issue of the Ecology Law Quarterly has an article by Douglas A. Kysar entitled Some Realism about Environmental Skepticism: The Implications of Bjørn Lomborg's The Skeptical Environmentalist for Environmental Law and Policy, and an article by Holly Doremus & A. Dan Tarlock entitled Fish, Farms, and the Clash of Cultures in the Klamath Basin.
The special 2003 edition of the Emory Law Journal has articles from an ethics symposium entitled What Do Clients Want?
The Fall 2002 issue of the ILSA Journal of International and Comparative Law has an article by Serri Miller entitled Can Congressional Foreign Affairs Power Justify a Juvenile Death Penalty Prohibition in the United States? and an article by Laura M. Pair entitled Cross-Cultural Arbitration: Do the Differences Between Cultures Still Influence International Commercial Arbitration Dispute Harmonization?
The St. John's Law Review has an article by Jack B. Weinstein entitled Why Protect the Environment for Others?
The special 2003 edition of the Emory Law Journal has articles from an ethics symposium entitled What Do Clients Want?
The Fall 2002 issue of the ILSA Journal of International and Comparative Law has an article by Serri Miller entitled Can Congressional Foreign Affairs Power Justify a Juvenile Death Penalty Prohibition in the United States? and an article by Laura M. Pair entitled Cross-Cultural Arbitration: Do the Differences Between Cultures Still Influence International Commercial Arbitration Dispute Harmonization?
The St. John's Law Review has an article by Jack B. Weinstein entitled Why Protect the Environment for Others?
Monday, August 18, 2003
law review headlines
The Summer 2003 issue of the University of Chicago Law Review has David P. Currie, The Constitution in Congress: The Public Lands, 1829-1861; Steven Croley, White House Review of Agency Rulemaking: An Empirical Investigation; and Saikrishna B. Prakash & John C. Yoo, The Origins of Judicial Review.
The Summer 2003 issue of the Yale Journal of International Law has articles from a symposium on Current Pressures on International Humanitarian Law, including a comment by J. Clifford Wallace entitled Globalization of Judicial Education and articles such as Sarah K. Harding, Comparative Reasoning and Judicial Review; James Kraska, Sustainable Development is Security: The Role of Transboundary River Agreements as a Confidence Building Measure (CBM) in South Asia; and Deena R. Hurwitz, Lawyering for Justice and the Inevitability of International Human Rights Clinics.
The Summer 2003 issue of the Yale Journal of International Law has articles from a symposium on Current Pressures on International Humanitarian Law, including a comment by J. Clifford Wallace entitled Globalization of Judicial Education and articles such as Sarah K. Harding, Comparative Reasoning and Judicial Review; James Kraska, Sustainable Development is Security: The Role of Transboundary River Agreements as a Confidence Building Measure (CBM) in South Asia; and Deena R. Hurwitz, Lawyering for Justice and the Inevitability of International Human Rights Clinics.
Friday, August 15, 2003
catching up
A journal that is catching up:
- Denver Journal of International Law and Policy (Fall 2002 issue came out in July 2003 and Winter 2002 issue came out in August 2003).
off schedule
Journals that are running late:
- Loyola Law Review (Winter 2002 issue came out in August 2003)
- Nova Law Review (Winter 2002 issue came out in August 2003)
law review headlines
The Spring 2003 issue of the Emory Law Journal has an article by Aaron J. Rappaport entitled Rationalizing the Commission: The Philosophical Premises of the U.S. Sentencing Guidelines.
The June 2003 issue of the Tulane Law Review holds articles from the Admiralty Law Institute Symposium entitled Confused Seas: Admiralty Law in the Wake of Terrorism.
The June 2003 issue of the Tulane Law Review holds articles from the Admiralty Law Institute Symposium entitled Confused Seas: Admiralty Law in the Wake of Terrorism.
Wednesday, August 13, 2003
articles review--consent defense in rape cases
Illinois has recently passed an amendment to the consent defense [720 ILCS 5/12-17] to a charge of rape, intended to create a right to withdraw consent to sex at any point. I haven't quite figured out how I feel about the statute yet, but here are some things I've run across, reading and thinking about the issue. Most of the articles are a year or two old--I didn't run across any forthcoming articles on the issue.
What If Kobe Bryant Has Been Falsely Accused? Why the Law of Acquaintance and Date Rape Should Seriously Penalize False Reports Jonna M. Spilbor. This is just a quick editorial talking about the he said/she said nature of most rape cases.
Kit Kinports' article, Rape and Force: The Forgotten Mens Rea, Buffalo Criminal Law Review, is an interesting piece. First she discusses the difference between "forcible rape" and what is usually a lesser offence "nonconsensual, nonforcible intercourse" and then talks about the evolution of the defense of consent. She is concerned with how the concept of force becomes necessary to reconcile how a person who believes he is engaged in mutually desired sexual activity can be convicted of engaging in sex against another's will. I have only taken a quick glance through this article, but it seems to lay the groundwork for the problem which Spilbor editorializes about: how to separate the miscommunication from the crime in the set of "close rape cases".
In Jury Decisions in Rape Trials, Douglas Koski discusses how consent-defense rape cases are the ideal environment for determining how juries reach verdicts in difficult cases. It's over 100 pages long, very dense, but fascinating. Koski talks about how juries construct stories which must reconcile both the "victim status" of the complainant with reasonable doubt, and that all jury deliberation is underscored by the imperative to agree. While I personally have doubts that juries can be coaxed into a presumption of innocence, I do agree with him that the purpose of the jury is to bring in the prevailing norms of the surrounding community to counterbalance the current vogue of legal theory within the courthouse. He makes the sticky problem of placing an act on the sliding scale of forcible/nonforcible that much more complex.
Steven Lubet "attacks" Atticus Finch by laying out Tom Robinson's version of events in the trial in To Kill a Mockingbird as less a consent defense and a "she wanted it" defense. (It's not quite how I read the book at all, but that's another story--one Lubet acknowledges when he talks about the point Harper Lee was making in her novel). However, if we going to talk about how juries construct stories to reach agreement, it's interesting to look at stories constructed for and about juries.
And, for the ironists out there, A Matter of Force: The Redefinition of Rape by Major Timothy W. Murphy, USAF, formerly at the Air Force Academy, Department of Law. Kidding aside, it's a coherent examination of the differences between the evolution (and failure of) of consent defenses in civilian criminal law and courts martial.
What If Kobe Bryant Has Been Falsely Accused? Why the Law of Acquaintance and Date Rape Should Seriously Penalize False Reports Jonna M. Spilbor. This is just a quick editorial talking about the he said/she said nature of most rape cases.
Kit Kinports' article, Rape and Force: The Forgotten Mens Rea, Buffalo Criminal Law Review, is an interesting piece. First she discusses the difference between "forcible rape" and what is usually a lesser offence "nonconsensual, nonforcible intercourse" and then talks about the evolution of the defense of consent. She is concerned with how the concept of force becomes necessary to reconcile how a person who believes he is engaged in mutually desired sexual activity can be convicted of engaging in sex against another's will. I have only taken a quick glance through this article, but it seems to lay the groundwork for the problem which Spilbor editorializes about: how to separate the miscommunication from the crime in the set of "close rape cases".
In Jury Decisions in Rape Trials, Douglas Koski discusses how consent-defense rape cases are the ideal environment for determining how juries reach verdicts in difficult cases. It's over 100 pages long, very dense, but fascinating. Koski talks about how juries construct stories which must reconcile both the "victim status" of the complainant with reasonable doubt, and that all jury deliberation is underscored by the imperative to agree. While I personally have doubts that juries can be coaxed into a presumption of innocence, I do agree with him that the purpose of the jury is to bring in the prevailing norms of the surrounding community to counterbalance the current vogue of legal theory within the courthouse. He makes the sticky problem of placing an act on the sliding scale of forcible/nonforcible that much more complex.
Steven Lubet "attacks" Atticus Finch by laying out Tom Robinson's version of events in the trial in To Kill a Mockingbird as less a consent defense and a "she wanted it" defense. (It's not quite how I read the book at all, but that's another story--one Lubet acknowledges when he talks about the point Harper Lee was making in her novel). However, if we going to talk about how juries construct stories to reach agreement, it's interesting to look at stories constructed for and about juries.
And, for the ironists out there, A Matter of Force: The Redefinition of Rape by Major Timothy W. Murphy, USAF, formerly at the Air Force Academy, Department of Law. Kidding aside, it's a coherent examination of the differences between the evolution (and failure of) of consent defenses in civilian criminal law and courts martial.
catching up
A journal that is catching up:
- University of Dayton Law Review (Symposium 2002 and Spring 2003 issues just came out now)
off schedule
Journals that seem to be running behind:
- Journal of Southern Legal History (2002 issue came out just now)
- Transportation Law Journal (Fall 2001 issue came out just now)
law review headlines
The April 2003 issue of the American University Law Review presents A Review of Recent Decisions of the United States Court of Appeals for the Federal Circuit.
The Summer 2003 issue of the Indiana Law Journal has three interesting-sounding articles:
The May 2003 issue of the Iowa Law Review has an article by Frank B. Arenas entitled Cyberspace Jurisdiction and the Implications of Sealand. (I only note this because Sealand is a frequent topic of amusement with my coworkers and me.)
The Symposium 2002 issue of the University of Dayton Law Review has articles from a symposium on The Constitutionality of Protecting Factual Compilations.
The May 2003 issue of the University of Kansas Law Review is a special issue on the History of the Trial.
The Winter 2003 issue of the University of Memphis Law Review has articles from a symposium on Reparations.
The Summer 2003 issue of the Indiana Law Journal has three interesting-sounding articles:
- John Charles Kunich, World Heritage in Danger in the Hotspots
- Sharona Hoffman, Unmanaged Care: Towards Moral Fairness in Health Care Coverage, and
- Martha T. McCluskey, Efficiency and Social Citizenship: Challenging the Neoliberal Attack on the Welfare State
The May 2003 issue of the Iowa Law Review has an article by Frank B. Arenas entitled Cyberspace Jurisdiction and the Implications of Sealand. (I only note this because Sealand is a frequent topic of amusement with my coworkers and me.)
The Symposium 2002 issue of the University of Dayton Law Review has articles from a symposium on The Constitutionality of Protecting Factual Compilations.
The May 2003 issue of the University of Kansas Law Review is a special issue on the History of the Trial.
The Winter 2003 issue of the University of Memphis Law Review has articles from a symposium on Reparations.
Tuesday, August 12, 2003
article summary: judicial behavior
Albert Yoon, Love's Labor's Lost? Judicial Tenure Among Federal Court Judges: 1945-2000, California Law Review
In a recent California Law Review article, Northwestern School of Law Professor Yoon provides an empirical examination of how long judges serve on the federal bench. He determines that, contrary to the concerns expressed by Chief Justice Rehnquist and Justice Breyer, there are statistically significant trends towards longer tenure, with the average age for judges at retirement outpacing the increase in U.S. life expentancy over the past twenty years. Thus he argues that "[e]ven if federal judges were dissatisfied with the declines in their real salaries, their dissatisfaction does not appear to manifest in earlier retirement or shorter terms on the bench."
Moreover, Yoon finds that a judge's occupation prior to joining the court had little effect on the length of his service, and so if prior job were used as a proxy for wealth, then his results would suggest a low elasticity between a judge's wealth and the judge's length of service on the bench. Perhaps, judges' overall compensation outside of salary---including prestige, power, responsibility, adminstrative support, and generous retirement benefits---are enough to render the effect of judicial salaries minimal.
Finally, Yoon recognizes that the net assets of judges have also increased, and cautions that this may indicate a "possible selection effect amongst candidates for the federal judiciary." But he also notes that "[t]he observed increase in net assets may wash away once compared with salaries of attorneys over this period." Moreover, he states that "the absence of a causal relationship between declining judicial salaries and judicial tenure does not negate the Chief Justice's call for increasing the salaries of federal judges." Rather, such decisions can be made as a matter of substantive fairness and policy.
Other interesting aspects of the article include the brief overview of Williams v. United States, 240 F.3d 1019 (Fed. Cir. 2001) and of other studies of judicial tenure. Also of note are the trends observed regarding gender and ethnicity; Yoon's data shows that "[w]omen served, on average, 8.5 fewer years on the bench than their male counterparts, and Black judges served 3.9 years less than their non-Black counterparts." He cautions, however, that these results could be an artifact of the fact that these judges comprised only 7.1% of all judges who left the bench during his period of study.
In a recent California Law Review article, Northwestern School of Law Professor Yoon provides an empirical examination of how long judges serve on the federal bench. He determines that, contrary to the concerns expressed by Chief Justice Rehnquist and Justice Breyer, there are statistically significant trends towards longer tenure, with the average age for judges at retirement outpacing the increase in U.S. life expentancy over the past twenty years. Thus he argues that "[e]ven if federal judges were dissatisfied with the declines in their real salaries, their dissatisfaction does not appear to manifest in earlier retirement or shorter terms on the bench."
Moreover, Yoon finds that a judge's occupation prior to joining the court had little effect on the length of his service, and so if prior job were used as a proxy for wealth, then his results would suggest a low elasticity between a judge's wealth and the judge's length of service on the bench. Perhaps, judges' overall compensation outside of salary---including prestige, power, responsibility, adminstrative support, and generous retirement benefits---are enough to render the effect of judicial salaries minimal.
Finally, Yoon recognizes that the net assets of judges have also increased, and cautions that this may indicate a "possible selection effect amongst candidates for the federal judiciary." But he also notes that "[t]he observed increase in net assets may wash away once compared with salaries of attorneys over this period." Moreover, he states that "the absence of a causal relationship between declining judicial salaries and judicial tenure does not negate the Chief Justice's call for increasing the salaries of federal judges." Rather, such decisions can be made as a matter of substantive fairness and policy.
Other interesting aspects of the article include the brief overview of Williams v. United States, 240 F.3d 1019 (Fed. Cir. 2001) and of other studies of judicial tenure. Also of note are the trends observed regarding gender and ethnicity; Yoon's data shows that "[w]omen served, on average, 8.5 fewer years on the bench than their male counterparts, and Black judges served 3.9 years less than their non-Black counterparts." He cautions, however, that these results could be an artifact of the fact that these judges comprised only 7.1% of all judges who left the bench during his period of study.
article summary: constitutional law and intellectual property
Samuelson in The Journal of the Copyright Society of the U.S.A
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft by Pamela Samuelson, Chancellor's Professor of Law and Information Management, UC Berkeley, is in the forthcoming issue of the Journal of the Copyright Society of the U.S.A.. (The website is current to volume 48 of the Journal, Professor Samuelson's site says that her article appears in volume 50). She is also the author of The Copyright Grab for Wired which was endorsed by Negativland.
The article is typically coherent and provides an excellent overvview both of Eldred but also of Feist,which is critical to understanding how we got where we've gotten in the last thirty years with regard to IP.
Samuelson's article maps out an interesting and hopeful view for scholarship to come, weaving through six current and/or likely IP issues with Constitutional overtones. Samuelson is excellent reading for the nonlawyer and nonlaw-fetishist. Nonetheless her thinking is meaty enough for die-hard legal scholars.
The Constitutional Law of Intellectual Property After Eldred v. Ashcroft by Pamela Samuelson, Chancellor's Professor of Law and Information Management, UC Berkeley, is in the forthcoming issue of the Journal of the Copyright Society of the U.S.A.. (The website is current to volume 48 of the Journal, Professor Samuelson's site says that her article appears in volume 50). She is also the author of The Copyright Grab for Wired which was endorsed by Negativland.
The article is typically coherent and provides an excellent overvview both of Eldred but also of Feist,which is critical to understanding how we got where we've gotten in the last thirty years with regard to IP.
Samuelson's article maps out an interesting and hopeful view for scholarship to come, weaving through six current and/or likely IP issues with Constitutional overtones. Samuelson is excellent reading for the nonlawyer and nonlaw-fetishist. Nonetheless her thinking is meaty enough for die-hard legal scholars.
off schedule
A journal that seems to be running behind:
- University of Cincinnati Law Review (Winter 2002 issue came out in August 2003)
law review headlines
The most recent issue of the Brigham Young University Law Review has articles focusing on comparative law and religion.
The Summer 2003 issue of the Southern Methodist University Law Review includes its Annual Survey of Texas Law.
The Spring 2003 issue of The Scholar: St. Mary's Law Review on Minority Issues has articles from a panel on Property and the Role of Land-Based Cultural Heritage---Global and National.
The Winter 2002 issue of the University of Cincinnati Law Review has an article by Joseph Biancalana entitled Originalism and the Commerce Clause and an article by Michael E. Solimine entitled Nepotism in the Federal Judiciary.
The most recent issue of the Villanova Law Review has articles from a symposium entitled Lessons from Enron, How Did Corporate and Securities Law Fail?
The Spring 2003 issue of the Wisconsin Women's Law Journal has articles focusing on Girls in the Juvenile Justice System: The Intersection of Gender, Age and Crime.
The Summer 2003 issue of the Southern Methodist University Law Review includes its Annual Survey of Texas Law.
The Spring 2003 issue of The Scholar: St. Mary's Law Review on Minority Issues has articles from a panel on Property and the Role of Land-Based Cultural Heritage---Global and National.
The Winter 2002 issue of the University of Cincinnati Law Review has an article by Joseph Biancalana entitled Originalism and the Commerce Clause and an article by Michael E. Solimine entitled Nepotism in the Federal Judiciary.
The most recent issue of the Villanova Law Review has articles from a symposium entitled Lessons from Enron, How Did Corporate and Securities Law Fail?
The Spring 2003 issue of the Wisconsin Women's Law Journal has articles focusing on Girls in the Juvenile Justice System: The Intersection of Gender, Age and Crime.
Monday, August 11, 2003
off schedule
law review headlines
The June 2003 issue of the Stanford Law Review has an article by Guido Calabresi entitled An Introduction to Legal Thought: Four Approaches to Law and the Allocation of Body Parts. The article is available here.
new journal announcement
From an email:
There is a new peer-evaluated journal: Ohio State Journal of Criminal Law. Joshua Dressler and Douglas Berman are Managing Editors.
Each (semi-annual) issue will include: (a) a symposium of scholarly articles with a guest editor; (b) Commentary Section, consisting of essays approximately 5000 words in length, written in a more informal and, we hope, provocative style; and (c) a Review Section, in which books, criminal justice reports, criminal justice issues in literature, movies, etc. are reviewed.
Thursday, August 07, 2003
catching up
Journal that are catching up:
- Journal of Law and Economics (October 2002 issue came out in July 2003, but April 2003 issue came out in August 2003)
- Buffalo Environmental Law Journal (Spring 2002 issue just came out in July 2003, but Fall 2002-Spring 2003 issue(s) came out in August 2003).
off schedule
A journal that seems to be running behind:
- Wayne Law Review (Summer 2002 issue came out just now)
law review headlines
The Spring 2003 issue of the Catholic University Law Review has an article by Royal C. Gardner entitled Rehabilitating Nature: A Comparative Review of Legal Mechanisms That Encourage Wetland Restoration Efforts.
The most recent issue of the Kentucky Law Journal has articles from a symposium on The Law and Social Reform.
The Summer 2003 issue of the University of Toledo Law Review has transcripts from the AALS Contracts Section as well as articles focusing on The Public Prosecutor as Representational Image.
The most recent issue of the Western New England Law Review has articles from an Environmental Law Symposium on the First Year of the Bush Administration.
The most recent issue of the Albany Law Review has articles focusing on State Constitutional Commentary.
The April 2003 issue of the Journal of Law and Economics has an article by Dean Lueck and Jeffrey A. Michael entitled Preemptive Habitat Destruction under the Endangered Species Act.
The Fall 2002-Spring 2003 issue(s) of the Buffalo Environmental Law Journal has articles from a symposium on Learning Sustainability.
The Winter 2003 issue of the New York University Journal of International Law and Politics has articles from a conferance on International Law and Justice in the Twenty-First Century: The Enduring Contributions of Thomas M. Franck.
The most recent issue of the Kentucky Law Journal has articles from a symposium on The Law and Social Reform.
The Summer 2003 issue of the University of Toledo Law Review has transcripts from the AALS Contracts Section as well as articles focusing on The Public Prosecutor as Representational Image.
The most recent issue of the Western New England Law Review has articles from an Environmental Law Symposium on the First Year of the Bush Administration.
The most recent issue of the Albany Law Review has articles focusing on State Constitutional Commentary.
The April 2003 issue of the Journal of Law and Economics has an article by Dean Lueck and Jeffrey A. Michael entitled Preemptive Habitat Destruction under the Endangered Species Act.
The Fall 2002-Spring 2003 issue(s) of the Buffalo Environmental Law Journal has articles from a symposium on Learning Sustainability.
The Winter 2003 issue of the New York University Journal of International Law and Politics has articles from a conferance on International Law and Justice in the Twenty-First Century: The Enduring Contributions of Thomas M. Franck.
Monday, August 04, 2003
catching up
A journal that is catching up:
- Cornell Journal of Law and Public Policy (Fall 2002 issue came out in July 2003, but Spring 2003 issue came out in August 2003).
off schedule
A journal that seems to be running behind:
- Buffalo Intellectual Property Law Journal (August 2002 issue just came out now)
- Fordham Environmental Law Journal (Symposium 2002 issue came out just now)
law review headlines
The Symposium 2002 issue of the Fordham Environmental Law Journal has articles from a symposium on Clean Air in New York.
Sunday, August 03, 2003
law review headlines
The Summer 2003 issue of the Harvard International Law Journal has an article by Molly Beutz entitled Functional Democracy: Responding to Failures of Accountability.
Friday, August 01, 2003
article summary: public interest lawyering
David Luban, Taking Out The Adversary: The Assault on Progressive Public-Interest Lawyers
The January, 2003 issue of the California Law Review contains a very useful piece by David Luban titled Taking Out The Adversary: The Assault on Progressive Public-Interest Lawyers. Before reading this piece, I knew that civil legal services lawyers receiving federal funds faced certain limitations on the types of cases that they could bring, but I didn't know many of the details. I was shocked when I read more about the limits placed on the Legal Services Corporation (LSC) by Congress in 1996.
Under those restrictions, LSC lawyers are prohibited from representing entire classes of people, including whole classes of aliens as well as "all incarcerated people, including those not convicted of a crime, and those whose cases have nothing to do with why they are in jail, as, for example, in parental-rights lawsuits. The restrictions also prevent LSC attorneys from using specific procedural devices or arguments. They cannot attempt to influence rulemaking or lawmaking, participate in class actions, request attorney's fees under applicable statutes, challenge any welfare reform, or defend anyone charged with a drug offense in a public-housing eviction proveeding."
Frightening stuff! What's more, Congress also prohibited lawyers receiving LSC funds from using nonfederal funds for prohibited activities -- causing many legal services providers to split into separate organizations. Anyway, after reading through the restrictions and their ramifications, I certainly felt sheepish about not knowing the details before this point.
The author also describes some of the problems facing law school clinics -- particularly clinics handling environmental issues. After Tulane's environmental clinic succeeded in preventing a polyvinylchloride factory from being built in a poor Black neighborhood, business organizations lobbied the Louisiana Supreme Court, which then changed its student practice rule in a way that made it more difficult for students to represent environmental groups. [Aside: The Louisiana Supreme Court seems to change its rules in this manner relatively frequently; it also changed its rules regarding the ability of non-citizens to practice law in Louisiana to prevent foreign lawyers from taking death penalty cases].
The piece also contains discussions of IOLTA and philosophers' thoughts on adversary systems, conflict, and the like. I didn't find the philosophy that interesting, but then, my first concert was by the band that crooned "philosophy is a walk on slippery rocks" so what do I know . . .
The January, 2003 issue of the California Law Review contains a very useful piece by David Luban titled Taking Out The Adversary: The Assault on Progressive Public-Interest Lawyers. Before reading this piece, I knew that civil legal services lawyers receiving federal funds faced certain limitations on the types of cases that they could bring, but I didn't know many of the details. I was shocked when I read more about the limits placed on the Legal Services Corporation (LSC) by Congress in 1996.
Under those restrictions, LSC lawyers are prohibited from representing entire classes of people, including whole classes of aliens as well as "all incarcerated people, including those not convicted of a crime, and those whose cases have nothing to do with why they are in jail, as, for example, in parental-rights lawsuits. The restrictions also prevent LSC attorneys from using specific procedural devices or arguments. They cannot attempt to influence rulemaking or lawmaking, participate in class actions, request attorney's fees under applicable statutes, challenge any welfare reform, or defend anyone charged with a drug offense in a public-housing eviction proveeding."
Frightening stuff! What's more, Congress also prohibited lawyers receiving LSC funds from using nonfederal funds for prohibited activities -- causing many legal services providers to split into separate organizations. Anyway, after reading through the restrictions and their ramifications, I certainly felt sheepish about not knowing the details before this point.
The author also describes some of the problems facing law school clinics -- particularly clinics handling environmental issues. After Tulane's environmental clinic succeeded in preventing a polyvinylchloride factory from being built in a poor Black neighborhood, business organizations lobbied the Louisiana Supreme Court, which then changed its student practice rule in a way that made it more difficult for students to represent environmental groups. [Aside: The Louisiana Supreme Court seems to change its rules in this manner relatively frequently; it also changed its rules regarding the ability of non-citizens to practice law in Louisiana to prevent foreign lawyers from taking death penalty cases].
The piece also contains discussions of IOLTA and philosophers' thoughts on adversary systems, conflict, and the like. I didn't find the philosophy that interesting, but then, my first concert was by the band that crooned "philosophy is a walk on slippery rocks" so what do I know . . .
