Law

Charles J. Reid Jr. (University of St. Thomas School of Law (Minnesota)) has posted A Louisiana Civilian in the Supreme Court: The Selective Service Cases Revisited (Paola Maffei and Gian Maria Varanini, eds., Honos alit artes: Etudes po...
Charles J. Reid Jr. (University of St. Thomas School of Law (Minnesota)) has posted A Louisiana Civilian in the Supreme Court: The Selective Service Cases Revisited (Paola Maffei and Gian Maria Varanini, eds., Honos alit artes: Etudes pour le soixante-dixieme anniversaire de Mario Ascheri. University of Florence Press, February, 2014 (Forthcoming)) on SSRN. Here is the abstract: Edward Douglass White, who served both as an Associate Justice and as Chief Justice of the United States during his long tenure on the Supreme Court (1894-1921) is notable for being the only civilly-trained Louisianan to serve on the Court. In the course of his judicial career, he relied on civilian sources in a number of his opinions. This Article explores one such example. The Selective Draft Law Cases of 1918 represents a consolidation of several lower-court challenges to the constitutionality of the conscription regime adopted by Congress at the time of America's entry into World War I. White's opinion is notable, among other reasons, for his use of Emmerich Vattel's (1714-1767) treatise Le droit des gens as a major source for his constitutional theorizing on the inherent powers of the state. After evaluating White's use of Vattel as a legal source, the final section of the Article situates White's use of Continental materials in the historical jurisprudence of that time. Law, in that school of thought, represented an admixture of human reason and historical experience. White, by looking to Continental sources, sought to expand the usual range of materials employed by historical jurisprudes and found a fit vehicle for this purpose in Vattel's theory of the state in a time of war.
about 1 hour ago
Benjamin Monnery (University of Lyon 2 - Groupe d'Analyse et de Théorie Economique (GATE)) has posted The Determinants of Recidivism among Ex-Prisoners: A Survival Analysis on French Data on SSRN. Here is the abstract: This article explo...
Benjamin Monnery (University of Lyon 2 - Groupe d'Analyse et de Théorie Economique (GATE)) has posted The Determinants of Recidivism among Ex-Prisoners: A Survival Analysis on French Data on SSRN. Here is the abstract: This article explores the main determinants...
about 5 hours ago
Michele Goodwin (University of Minnesota Law School) has posted Law's Limits: Regulating Statutory Rape Law (Wisconsin Law Review, 2013) on SSRN. Here is the abstract: This Article examines statutory rape cases of the last decade and sub...
Michele Goodwin (University of Minnesota Law School) has posted Law's Limits: Regulating Statutory Rape Law (Wisconsin Law Review, 2013) on SSRN. Here is the abstract: This Article examines statutory rape cases of the last decade and submits that both the...
about 5 hours ago
Simon Stern (University of Toronto - Faculty of Law) has posted The Third-Party Doctrine and the Third Person (New Criminal Law Review, Vol. 16, 2013) on SSRN. Here is the abstract: According to the Third-Party Doctrine, a person has...
Simon Stern (University of Toronto - Faculty of Law) has posted The Third-Party Doctrine and the Third Person (New Criminal Law Review, Vol. 16, 2013) on SSRN. Here is the abstract: According to the Third-Party Doctrine, a person has no reasonable expectation of privacy in information that has been shared with others – including a bank, a phone company, or a credit card company. The doctrine got its start through an appeal to a locatable observer who corresponds, in literary terms, to a narrator with a limited perspective. This is the kind of perspective that courts have traditionally emphasized when explaining how to assess probable cause. The Third-Party Doctrine turns the limited perspective into an omniscient one. The doctrine takes apparently private conduct and classifies it as public, effectively treating the perspective of the “arresting officer” as if it could encompass large quantities of information, widely distributed in space and time. The discussion here examines a recent defense of the Third-Party Doctrine that similarly collapses the limited and omniscient viewpoints. Then, after exploring the narrative analogy by reference to literary analyses of the omniscient narrator in Victorian fiction, the discussion ends by considering the analogy in relation to contemporary modes of omniscient narration.
about 6 hours ago
Posted by D. Daniel Sokol Iwan Bos, Wilko Letterie, and Dries Vermeulen (all Maastricht University) analyze Antitrust as facilitating factor for collusion. ABSTRACT: We study collusion in an infinitely repeated prisoners' dilemma whe...
Posted by D. Daniel Sokol Iwan Bos, Wilko Letterie, and Dries Vermeulen (all Maastricht University) analyze Antitrust as facilitating factor for collusion. ABSTRACT: We study collusion in an infinitely repeated prisoners' dilemma when firms' discount factor is private information. If...
about 8 hours ago
Posted by D. Daniel Sokol Robert Corp & Chul Pak (Wilson Sonsini Goodrich & Rosati) explore Sensible Discovery: Effective Strategies to Streamline the Discovery Process and Save Clients’ Money. ABSTRACT: Defending private antitrust litig...
Posted by D. Daniel Sokol Robert Corp & Chul Pak (Wilson Sonsini Goodrich & Rosati) explore Sensible Discovery: Effective Strategies to Streamline the Discovery Process and Save Clients’ Money. ABSTRACT: Defending private antitrust litigation can be a pricey undertaking, the...
about 8 hours ago
On May 22. 2013, the Senate Health, Education, Labor and Pensions unanimously approved S.959, “The Pharmaceutical Compounding Quality and Accountability Act,” and S.957, “The Drug Supply and Security Act,” ( now incorporated into S. 959 ...
On May 22. 2013, the Senate Health, Education, Labor and Pensions unanimously approved S.959, “The Pharmaceutical Compounding Quality and Accountability Act,” and S.957, “The Drug Supply and Security Act,” ( now incorporated into S. 959 as an amendment). Congressional efforts...
about 9 hours ago
Given all the excitement over boilerplate on this blog, I thought it would be a good time to remind readers of problems that might arise that don't exactly involve (just) boilerplate, It's not just the words in the contract --...
Given all the excitement over boilerplate on this blog, I thought it would be a good time to remind readers of problems that might arise that don't exactly involve (just) boilerplate, It's not just the words in the contract --...
about 9 hours ago
A (presumably U.S.) buyer (identified on the web only as "b-thumper") ordered a BMW M3 in "Atlantis Blue with Blue deviated stitching and the Individual Piano trim" and paid for European delivery. "European delivery" allows the buyer to ...
A (presumably U.S.) buyer (identified on the web only as "b-thumper") ordered a BMW M3 in "Atlantis Blue with Blue deviated stitching and the Individual Piano trim" and paid for European delivery. "European delivery" allows the buyer to pick up...
about 9 hours ago
A student I know writes, My grandmother and I have a unique relationship. We talk about the usual family gossip, but we really get into it when we talk about politics. Why is this unique? Because my grandmother is in her eighties and she...
A student I know writes, My grandmother and I have a unique relationship. We talk about the usual family gossip, but we really get into it when we talk about politics. Why is this unique? Because my grandmother is in her eighties and she lives in Tbilisi, Georgia. Having spent my formative years in the U.S., I make sure to tell her of the liberties that I take for granted that she did not have for the majority of her life in Communist Russia. I tell her that I could support any candidate running for office without fear of retribution from the sitting party (or can I?). Unlike her, I don’t have to fear being audited by the KGB if I support the opposing party (or do I?) (OK maybe I am safe from the KGB). Unlike her, I could become a journalist and try to uncover the truth without fear of being investigated for criminal conspiracy (or can I?). Unlike her, I could rely on my government to tell me the truth about what is going on in the world (or can I?). Unlike her, I am protected by the Constitution to say what I want without being punished (or am I?). My grandmother does not like being told that she is missing out on these basic liberties by not being in the U.S. (or is she?). Recently, my grandmother visited us in the U.S., and then she visited some family in Israel. She told me about her experience at JFK International Airport. She told me how she was patted down. She told me how she had to stand for what felt like hours (Georgians tend to exaggerate) waiting for the honor to be patted down. She told me how strangers rummaged through her bags. She told me how the TSA threw out her water bottle and how she had to buy another one inside the airport for $3 so she can take her medicine. She told me how rude the TSA agents were to her. She told me how hard it was for her to remove her shoes and then she told me how frustrated she was when she found out she did not have to. I tried to tell her that this is the price we all pay to make sure we have a safe society. She knew I was going to say that. That’s when she told me about her experience flying to the U.S. and flying from Israel back home. She told me that she was treated with respect and sensitivity. She told me that there were no pat downs, no waiting, no shoe drama, no bag drama, and no “administrative” searches and seizures. I told her it sounds like the security at those airports is lacking. She was not having it. She said there have been no terrorist attacks from those airports and she did research (research-really?) and in fact those airports are safer than their U.S. counterparts. I was stumbling. She was just getting warmed up. Then she went for the jugular. She asked me, oh by the way, whose society is really free? I realized that in Russia the government knows what you have before you get to the airport so there is no reason for the authorities to scrutinize low-risk passengers. In Israel, law enforcement could track people suspected of terrorism and some form of profiling is prevalent at Ben-Gurion Airport so again there is no need to burden the elderly. However, the U.S. does not use as much profiling nor can the authorities track people’s movements without some kind of judicial oversight. This is the upshot of the discrepancy between how my grandmother was treated at the three airports. My grandmother said she agreed with me and she added that she does not mind being tracked or profiled as long as she can have her dignity and her water while she is traveling. I asked her if I could write about our exchange. She said sure, but she warned me against using my name. (She said I could use hers, but it’s probably not a good idea because that’s too easy to track. I better listen to her — she has more experience with this stuff.) Myself, I’d rather undergo some difficulties at the airport rather than live in a surveillance state, but this either goes to show that tastes vary, or that tastes in what counts as freedom are to some extent defined by culture and e
about 9 hours ago