CONTENT WARNING: Please read the Editor’s Note regarding the language used in Volume 94, Issue 2. READ HERE PDF: Suzette M. Malveaux,* Foreword: Looking Back to Move Forward: Exploring the Legacy of …
Read more “Foreword: Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery”
Introduction Within the last century, and even the last fifty years, concepts of parenthood in the United States have increasingly moved beyond the nuclear family[1] model. Take, for example, family …
Introduction On a stroll through downtown, something in your peripheral vision strikes your eye. It is a graffiti wall: a colorful work of uninhibited creativity, simultaneously random and cohesive, deeply …
Read more “Keeping It Real: Property Analogies For Graffiti Infringement”
Only a small fraction of lawsuits ends in trial—a phenomenon termed the “vanishing trial.” Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a …
Read more “The Visible Trial: Judicial Assessment as Adjudication”
American, Islamic, and Jewish law all limit the enforcement of private law agreements in cases of oppression and exploitation. But each system uses a different justification. The common thread among …
Read more “Oppression in American, Islamic, and Jewish Private Law”
Tort doctrine states that breach is all about conduct. Unlike in the criminal law context, where jurors must engage in amateur mindreading to evaluate mens rea, jurors are told that …
Stare decisis is widely regarded as a vital mechanism for promoting the rule of law. Yet high courts can always overrule prior decisions with a special justification, and different justices …