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Kirsten K. Davis, A Provisional Definition of Legal Writing Scholarship, in 2University of Oregon Proceedings: Online Journal of Legal Writing Conference Presentations (2021)Clicking on the button will copy the full recommended citation.
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James W. Fox, Fellow Citizens (2021)Clicking on the button will copy the full recommended citation.
This article explores the idea of equal citizenship central to the reconstructed Constitution that originated in the crucible of African American experience and framed by the Black abolitionist movement of the antebellum North. It identifies some of the key concepts of this mid-nineteenth-century African American Constitutionalism embodied in the phrase used at the time of “Emancipate, Enfranchise, Educate.” These became the core principles of Black Reconstruction as Black leaders and their white allies sought to secure civil freedom, free labor, equal suffrage and political power, and access to education and economic and social advancement. The essay addresses primary source materials that exemplify a dynamic and vibrant public discourse by African Americans on the nature and meaning of equal citizenship before ratification of the Reconstruction amendments, and then briefly consider congressional speeches on what would become the Civil Rights Act of 1875. It shows that the rights embodied in the three Reconstruction amendments were seen not as discrete texts for judicial parsing and doctrinal boundary-drawing, but as an interrelated set of core principles essential to the very ideas of freedom and equal citizenship, ideals that were meant to motivate and guide political and economic action
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Marco Jimenez, On Measuring Damages Where a Contract Breach Benefits the Promisee: Response to Mark Giancaspro, Quantifying Damages in Cases of Advantageous Breach: The Curious Case of McDonald’s Milkshakes (2021)Clicking on the button will copy the full recommended citation.
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Anthony Palermo et al., Court Dismisses Putative COBRA Class Action Brought Against Southwest Airlines Board of Trustees (2021)Clicking on the button will copy the full recommended citation.
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Anne E. Mullins, The Power Skill of Working with Others (2020)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros, How Democrats Can Pack the Court and De-Escalate at the Same Time (2020)Clicking on the button will copy the full recommended citation.
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Erin Okuno, Live Critique of Oral Arguments: Response to Amanda L. Sholtis, Say What?: A How-To Guide on Providing Formative Assessment to Law Students Through Live Critique (2020)Clicking on the button will copy the full recommended citation.
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Grant Christensen, Predicting Supreme Court Behavior in Indian Law Cases (2020)Clicking on the button will copy the full recommended citation.
This piece builds upon Matthew Fletcher’s call for additional empirical work in Indian law by creating a new dataset of Indian law opinions. The piece takes every Indian law case decided by the Supreme Court from the beginning of the Warren Court until the end of the 2019-2020 term. The scholarship first produces an Indian law scorecard that measures how often each Justice voted for the “pro-Indian” outcome. It then compares those results to the Justice’s political ideology to suggest that while there is a general trend that a more “liberal” justice is more likely to favor the pro-Indian interest, that trend is generally weak with considerable variance from justice to justice. Finally, the article then creates a logistic regression model in order to try to predict whether a pro-Indian outcome is likely to prevail at the Court. It finds six potential variables to be statistically significant. It uses quantitative analysis to prove that the Indian interest is more likely to prevail when the Tribe is the appellant, when the issue is framed as a jurisdictional contest, and when the case arises from certain regions of the country. It suggests that Indian law advocates may use these insights to help influence litigation strategies in the future.
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Anthony Palermo, Lessons Learned in Providing Disaster Legal Services in Florida (2017)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner et al., Bibliography of 2016 Scientific Publications on the Ramsar Convention or Ramsar Sites (2017)Clicking on the button will copy the full recommended citation.
This paper provides a consolidated and categorized bibliography of scientific articles published in 2016 that discuss the Ramsar Convention on Wetlands or individual Ramsar Sites. The articles are separated into two main categories: (a) articles that discuss the Ramsar Convention or its implementation generally, and (b) articles about wetland sites that are on the Ramsar List of Wetlands of International Importance. Articles in the latter category are further separated into subcategories by region (Africa, Asia, Europe, Latin America and the Caribbean, North America, and Oceania). Each entry summarizes the article’s Ramsar connection. This bibliography is intended to facilitate research and provide timely, relevant article updates to the members of the Ramsar community.