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LAW (700 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Juridica     Full-text available via subscription   (Followers: 9)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 19)
Akron Law Review     Open Access   (Followers: 3)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 14)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 53)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 9)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 16)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 23)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 9)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 138)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 14)
Columbia Law Review (Sidebar)     Open Access   (Followers: 14)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 5)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 20)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 4)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 126)
European Public Law     Full-text available via subscription   (Followers: 33)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 22)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover California Law Review
  [SJR: 1.351]   [H-I: 39]   [19 followers]  Follow
    
  This is an Open Access Journal Open Access journal
   ISSN (Print) 0008-1221
   Published by U of California, Berkeley Homepage  [4 journals]
  • An Excess of Discretion? “Thayer’s Triumph” and the Uncodified
           Exclusion of Speculative Evidence

    • Authors: David S. Schwartz
      PubDate: Thu, 04 May 2017 15:16:29 PDT
       
  • Eleanor Swift as Consummate Colleague

    • Authors: Anne Joseph O’Connel
      PubDate: Thu, 04 May 2017 15:16:25 PDT
       
  • Eleanor Swift’s Indelible Public Interest Legacy at Berkeley Law

    • Authors: Jeffrey Selbin
      PubDate: Thu, 04 May 2017 15:16:22 PDT
       
  • The Best Lesson: A Tribute to Eleanor Swift

    • Authors: Matt Kline
      PubDate: Thu, 04 May 2017 15:16:18 PDT
       
  • Eleanor Swift: A Mentor of Courage and Grace

    • Authors: Julia Fromholz
      PubDate: Thu, 04 May 2017 15:16:14 PDT
       
  • Polluted Politics

    • Authors: Lora Krsulich
      Abstract: When cities approach financial distress, creditors take notice. Looking for someone to right the city’s financial course, creditors largely expect that the state will intervene to bring the city back to good financial standing. Often, the state will appoint an emergency manager––a person designated by the state’s governor to return the city to balance.Emergency managers have a great deal of power. Michigan’s emergency takeover law, for example, allows a state-appointed emergency manager to subject the city’s elected officials to “any condition” the manager wishes. To date, legal scholars have largely failed to realize just how damaging these measures are. Emergency managers are problematic for a number of reasons. As appointed officials charged with the narrow task of balancing the city’s revenues and expenditures, emergency managers take a myopic view of systemic financial problems, prioritizing short-term financial solutions over the long-term interests of local residents. Further, emergency managers may not perform as well as expected, in part because resources are limited and in part because their decisions do not account for the city’s long-term financial interests. In the worst cases, emergency managers and the governors that appoint them are driven by political gamesmanship or impermissible racial bias, further undermining public confidence in government officials.Flint’s poisoned water and Detroit’s abandoned buildings are all-too-visible examples of emergency manager systems gone awry.Given the failures of emergency managers, states should consider alternatives. Though judicial supervision may provide a remedy, other more permanent structures—like notice-and-comment periods, citizen commissions, and legislative reviews—could enable local residents to retain a voice in their community, even through financial crises.
      PubDate: Thu, 04 May 2017 15:16:11 PDT
       
  • Embracing the Machines: Rationalist War and New Weapons Technologies

    • Authors: John Yoo
      Abstract: Dramatic advances in weapons technology over the past two decades have led to a revolution in military affairs. Robotics and cyber weapons have used real-time information and communications to produce precision that has reduced casualties and blurred the line between war and peace. Critics fear that these developments will encourage nations to resort to force more often; they call for international agreements to ban the new technologies. This Essay argues that efforts to limit the use of such weapons are both misguided and counterproductive. New military technologies will advance humanitarian aims by reducing civilian casualties and the overall destructiveness of war. A rationalist approach to war even suggests that these weapons will create more opportunities for the settlement of international disputes with less use of force.
      PubDate: Thu, 04 May 2017 15:16:08 PDT
       
  • Backdating Marriage

    • Authors: Peter Nicolas
      Abstract: Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple’s civil marriage date. This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to the fact of marriage, but also to its length measured either in absolute terms or relative to a legally significant event. These rights include social security benefits, immigration rights, the marital communications privilege, and the rights to division of property and awards of alimony on divorce. Moreover, a same-sex couple whose relationship ended before the legalization of same-sex marriage may not receive any rights associated with marriage. This Article is the first to explore the phenomenon of backdating marriages as a means to ensure that same-sex couples are made whole for the harms caused by their longstanding inability to legally marry. The Article demonstrates that the Obergefell decision applies not merely prospectively but also retroactively, and that same-sex couples have a constitutional right to have their marriages backdated to the date they would have married but for the existence of a legal barrier. Because such backdating can create significant short-term administrative challenges, the Article provides alternatives to actual backdating that are somewhat easier for government agencies to administer but that still provide same-sex couples with constitutionally mandated “make whole” relief. Administrative challenges notwithstanding, the Article concludes that actual backdating—or its functional equivalent—is constitutionally necessary to remedy constitutional harms to same-sex couples imposed by the preexisting discriminatory scheme.
      PubDate: Thu, 04 May 2017 15:16:05 PDT
       
  • Information Libertarianism

    • Authors: Jane R. Bambauer et al.
      Abstract: Legal scholarship has attacked recent First Amendment jurisprudence as unprincipled: a deregulatory judicial agenda disguised as free speech protection. This scholarly trend is mistaken. Descriptively, free speech protections scrutinize only information regulation, usefully pushing government to employ more direct regulations with fewer collateral consequences. Even an expansive First Amendment is compatible with the regulatory state, rather than being inherently libertarian. Normatively, courts should be skeptical when the state tries to design socially beneficial censorship. This Article advances a structural theory that complements classic First Amendment rationales, arguing that information libertarianism has virtues that transcend political ideology. Regulating information is peculiarly difficult to do well. Cognitive biases cause regulators to systematically overstate risks of speech and to discount its benefits. Speech is strong in its capacity to change behavior, yet politically weak. It is a popular scapegoat for larger societal problems and its regulation is an attractive option for interest groups seeking an advantage. Collective action, public choice, and government entrenchment problems arise frequently. First Amendment safeguards provide a vital counterpressure. Information libertarianism encourages government to regulate conduct directly counterproductive. Thus, a robust First Amendment deserves support regardless of ideology.
      PubDate: Thu, 04 May 2017 15:16:01 PDT
       
  • From Selma to Ferguson: The Voting Rights Act as a Blueprint for Police
           Reform

    • Authors: Jason Mazzone et al.
      Abstract: The Voting Rights Act of 1965 revolutionized access to the voting booth. Rather than responding to claims of voter suppression through litigation against individual states or localities, the Voting Rights Act introduced a coverage formula that preemptively regulated a large number of localities across the country. In doing so, the Voting Rights Act replaced reactive, piecemeal litigation with a proactive structure of continual federal oversight. As the most successful civil rights law in the nation’s history, the Voting Rights Act provides a blueprint for responding to one of the most pressing civil rights problems the country faces today: police misconduct. As with voter suppression in the mid-twentieth century, abusive police conduct against minority citizens is a national problem perpetrated by thousands of localities. Federal efforts to cure the problem through litigation against individual police departments have failed to produce widespread reform. This Article applies the lessons of the Voting Rights Act by proposing the use of a coverage formula to identify and regulate local police departments engaged in a pattern of unconstitutional misconduct. While such a law would significantly enhance federal power over police departments, such a change is both necessary to curb police misconduct and constitutionally permissible.
      PubDate: Thu, 04 May 2017 15:15:58 PDT
       
  • It Wasn’t Me—Unintended Targets of Arrest Warrants

    • Authors: Brandon V. Stracener
      Abstract: Innocent people are being arrested multiple times on arrest warrants intended for others. By virtue of sharing a name with someone who is the legitimate target of law enforcement, these innocent people experience unfair disruptions in their lives almost any time they have contact with law enforcement. As of today, the courts afford them no relief, based in part on a series of unfortunate interpretations of the Fourth Amendment. Nothing stops law enforcement from repeatedly arresting the same person as long as the person arrested has the opportunity to see a judge after spending several days in jail. Courts throughout this country accept that these innocent people can be arrested ad infinitum, as long as they see a judge within a reasonable amount of time.This Note examines the development of jurisprudence on the particularity requirement in the Warrant Clause of the Fourth Amendment. Through a series of logical missteps, courts have whittled away at the otherwise clear Fourth Amendment avenue of relief for the unintended targets of arrest warrants. As long as the name on the warrant is the correct name for the target of the warrant, courts deem the Warrant Clause satisfied. And the officers on the scene cannot be blamed for acting in good faith when they arrest an individual whose name is identical to the name on the warrant. Thus, the only avenue left for these victims is an inadequate Fourteenth Amendment over-detention analysis.This Note asserts that the avenue for relief lies in following a correct interpretation of the Fourth Amendment’s Warrant Clause that courts have thus far ignored. Under this interpretation, victims can obtain injunctive relief through 42 U.S.C. § 1983, a statute permitting suit against persons acting under the color of state law for violations of federal constitutional or statutory rights.1 Through this cause of action, victims can enjoin the organizations that issue these warrants to update them in a manner that satisfies the Fourth Amendment’s particularity requirement. Most importantly, victims can stop worrying that every interaction with law enforcement will result in spending several days in jail for a crime they did not commit.
      PubDate: Tue, 07 Mar 2017 17:39:01 PST
       
  • A “Source” of Error: Computer Code, Criminal Defendants, and
           the Constitution

    • Authors: Christian Chessman
      Abstract: Evidence created by computer programs dominates modern criminal trials. From DNA to fingerprints to facial recognition evidence, criminal courts are confronting a deluge of evidence that is generated by computer programs. In a worrying trend, a growing number of courts have insulated this evidence from adversarial testing by preventing defendants from accessing the source code that governs the computer programs. This Note argues that defendants are entitled to view, test, and critique the source code of computer programs that produce evidence offered at trial by the prosecution. To do so, this Note draws on three areas of law: the Confrontation Clause, the Due Process Clause, and Daubert and its progeny. While courts and commentators have grappled with specific computer programs in specific criminal contexts, this Note represents the first attempt to justify the systematic disclosure of source code by reference to the structural features of computer programs.
      PubDate: Tue, 07 Mar 2017 17:38:58 PST
       
  • Learned Hand’s Paradox: An Essay on Custom in Negligence Law

    • Authors: James A. Henderson; Jr.
      Abstract: In a well-known tort decision, Judge Learned Hand observes that while legal standards almost always coincide with customary industry standards, strictly speaking custom never controls. This Essay examines the implications of this apparent paradox, concluding that courts must have final say in order to prevent doctrinal feedback loops—situations in which legal doctrine influences customary behavior which, in turn, influences doctrine, which in turn influences custom, and so on. Were feedback loops allowed to develop unchecked by judicial review and intervention, they would lead to unfair and inefficient overinvestments or underinvestments in care. The Essay describes the approach courts should adopt in determining whether, in given instances, these feedback loops present a problem.
      PubDate: Tue, 07 Mar 2017 17:38:54 PST
       
  • From Stopping Black People to Killing Black People: The Fourth Amendment
           Pathways to Police Violence

    • Authors: Devon W. Carbado
      Abstract: The years 2014 to 2016 likely will go down as a significant if not watershed period in the history of U.S. race relations. Police killing of African Americans has engendered further conversations about race and policing. Yet, in most of the discussions about these tragic deaths, little attention has been paid to a significant dimension of the police violence problem: the legalization of racial profiling in Fourth Amendment law. This legalization of racial profiling is not a sideline or peripheral feature of Fourth Amendment law. It is embedded in the analytical structure of the doctrine in ways that enable police officers to force engagements with African Americans with little or no basis. The frequency of these engagements exposes African Americans not only to the violence of ongoing police surveillance, contact, and social control but also to the violence of serious bodily injury and death. Which is to say, Fourth Amendment law facilitates the space between stopping black people and killing black people. This Article demonstrates precisely how by employing a series of hypotheticals to reveal the ways in which the extraordinary violence police officers often use against African Americans can grow out of the ordinary police interactions Fourth Amendment law empowers police officers to stage.
      PubDate: Tue, 07 Mar 2017 17:38:51 PST
       
  • Wage Slave or Entrepreneur?: Contesting the Dualism of Legal Worker
           Identities

    • Authors: V. B. Dubal
      Abstract: Today, whether a worker is legally classified as an “employee” or an “independent contractor” determines whether he or she is entitled to employment and labor law protections. With the proliferation of the on-demand economy, the doctrinal definitions and legal analyses of these categories are fiercely contested. While businesses have attempted to confine the definition of employee to limit their financial and legal liabilities and risks, public interest lawyers have worked to broaden the definition, ensuring that more workers are covered and protected by the law. How did U.S. law come to divide workers into these two categories, how have the definitions evolved historically, and how do workers today make sense of them? This Article challenges the duality of worker classification in employment regulation by positioning the employee and the independent contractor in U.S. legal history and in the lives of contemporary workers. Part I situates the debate in work law scholarship. Part II uses historical and legal archives to challenge the prevailing assumptions about the employee and independent contractor classifications in employment and labor law. I argue that the existence of the dualism of worker categories is more recent than previously understood and that contemporary doctrinal tests reflect not bright line legal rules, but evolving political and cultural philosophies about work. Part III investigates the impact of these legal classifications on the ground. Through ethnographic research and analysis, I find that these categories of work have taken on social meaning for workers, often disrupting worker collectivities. The Article concludes that both the doctrinal analyses of the employee category and the lawyering methodologies used to advance the interests of workers must be more attendant to workers’ realities.
      PubDate: Tue, 07 Mar 2017 17:38:48 PST
       
  • Tailoring a Public Policy Exception to Trade Secret Protection

    • Authors: Peter S. Menell
      Abstract: The growing importance of information resources as well as mounting threats to proprietary information in the digital age propelled federalization of trade secret protection onto the national legislative agenda during the past year. This salience provided a propitious opportunity to address a critical, overlooked failing of trade secret protection: the lack of a clear public policy exception to foster reporting of illegal activity. The same routine nondisclosure agreements that are essential to safeguarding trade secrets can be and are used to chill those in the best position to reveal illegal activity. Drawing on classic law enforcement scholarship as well as established institutions for protecting proprietary information, this Article proposes a sealed disclosure/trusted intermediary exception to trade secret protection. This approach safeguards trade secrets while promoting effective law enforcement. The Article also recommends that nondisclosure agreements prominently include notice of the law reporting safe harbor to ensure that those with knowledge of illegal conduct are aware of this important public policy limitation on nondisclosure agreements and exercise due care with trade secrets in reporting illegal activity. Based on an earlier draft of this Article, Congress adopted a whistleblower immunity provision as part of the Defend Trade Secrets Act of 2016.
      PubDate: Tue, 07 Mar 2017 17:38:45 PST
       
  • Who’s Afraid of International and Foreign Law?

    • Authors: Jenny S. Martinez
      Abstract: In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016).Justice Stephen Breyer’s new book, The Court and the World: American Law and the New Global Realities,1 is a timely contribution to the literature on the effects of globalization on the U.S. judicial system.2 In his book, Justice Breyer goes beyond the now-familiar debate about the use of comparative and international law in interpreting the U.S. Constitution3 and examines some less glamorous but actually more important ways that the world outside our borders inevitably affects the resolution of many types of legal disputes.4 The impact of foreign and international legal systems on American judicial proceedings is not brand new, of course. Indeed, foreign and international law were fixtures of the Supreme Court’s early docket.5 But it is also true that Justice Breyer’s tenure on the Supreme Court has coincided with an era of renewed globalization. The book is very much a product of our times.
      PubDate: Tue, 21 Feb 2017 17:30:56 PST
       
  • The Supreme Court as a Filter Between International Law and American
           Constitutionalism

    • Authors: Curtis A. Bradley
      Abstract: In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016).This Essay describes and defends the Supreme Court’s role as a filter between international law and the American constitutional system. In this role, the Court ensures that when international law passes into the U.S. legal system, it does so in a manner consistent with domestic constitutional values. This filtering role is appropriate, the Essay explains, in light of the different processes used to generate international law and domestic law and the different functions served by these bodies of law. The Essay provides examples of this filtering role in four scenarios: the intersection of treaties and individual rights; the relationship between the treaty power and American federalism; delegations of authority to international institutions; and the domestic application of customary international law.
      PubDate: Tue, 21 Feb 2017 17:30:53 PST
       
  • 2015 Jorde Symposium Capsule Summary

    • Authors: Editors of California Law Review
      Abstract: In response to Justice Stephen Breyer’s 2015 Brennan Center Jorde Symposium Lecture, 104 Calif. L. Rev. 1553 (2016).On September 24, 2015, Justice Stephen Breyer delivered the annual Jorde Symposium lecture at the First Congregational Church in Berkeley, California. In his lecture, “The Court and the World: The Supreme Court’s New Transnational Role,” Justice Breyer spoke about the many reasons why American judges must take ever-greater account of foreign events, law, and practices. An edited transcript of his Jorde Symposium remarks immediately precedes this summary. His remarks served to introduce and explain his recent book, The Court and the World: American Law and the New Global Realities. Here, we provide a summary of the contents of Justice Breyer’s book followed by two thoughtful pieces written in response to Justice Breyer’s lecture, by Professors Curtis Bradley and Jenny Martinez.
      PubDate: Tue, 21 Feb 2017 17:30:49 PST
       
  • Justice Breyer’s Remarks at the 2015 Jorde Symposium September 24,
           2015

    • Authors: Justice Stephen Breyer
      Abstract: Presented at the Brennan Center Jorde Symposium on September 24, 2015 (University of California, Berkeley).This book—what’s it about? Why did I write it? When I hear the words “interdependent,” “globalization,” “a shrinking world,” I think they range between clichés on the one hand and buzzwords on the other—but they aren’t quite concrete. I thought it might be helpful to write very concretely about what these words mean in terms of the life of a Supreme Court justice. What have they meant at the Court? When I look back and compare twenty years ago to today, I think we have many more cases where those words concretely make a big difference.I’ve listed four or five categories of cases and discussed them in an effort to try to focus on what problems they raise now. I can give you a few examples. One of them that is of interest to people is a traditional problem that goes back thousands of years: we have security needs. In our context, the Constitution delegates the security authority almost entirely to the President and to the Congress, not to the judges. Well, what happens when security conflicts with civil liberties, because the Constitution delegates significant power in that area to judges? What are judges supposed to do when they conflict?
      PubDate: Tue, 21 Feb 2017 17:30:46 PST
       
 
 
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