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Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载Table of Contents


The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski 2020 Brooklyn Law School 81818app手机版下载

The Heavy Hand Of Amazon: A Seller Not A Neutral Platform, Edward J. Janger, Aaron D. Twerski

Brooklyn Journal of Corporate, Financial & Commercial Law

Since the adoption of Section 402A of the Second Restatement of Torts, every party in a product’s distribution chain has been potentially liable for injuries caused by product defects. Consumers who buy from reputable sellers are almost always guaranteed to have a solvent defendant if injured by a product defect. Amazon, though responsible for a vast number of retail sales, has sought to avoid liability by claiming that it is not a seller but a neutral platform that merely facilitates third-party sales to consumers. With two significant exceptions, most courts have sided with Amazon and concluded that Amazon is ...


The Common Law As A Force For Women, Bridget J. Crawford 2020 Pace University Elisabeth Haub School of Law

The Common Law As A Force For Women, Bridget J. Crawford

Boston College Law Review

This essay introduces a collection of Symposium Essays examining Anita Bernstein’s book, The Common Law Inside the Female Body81818app手机版下载 (Cambridge University Press, 2019). Professor Bernstein explores the common law’s recognition of both rights and liberties, highlighting in particular negative liberties such as the right to be left undisturbed. The Symposium Essays test and explore Professor Bernstein’s thesis as applied to the right to be free from rape and unwanted pregnancies. Grounded in perspectives informed by the study of tort law, legal history, intellectual property, constitutional law, and critical race theory, these Essays—together with Professor Bernstein’s ...


(Un)Common Law And The Female Body, Lolita Buckner Inniss 2020 Southern Methodist University Dedman School of Law

(Un)Common Law And The Female Body, Lolita Buckner Inniss

Boston College Law Review

A dissonance frequently exists between explicit feminist approaches to law and the realities of a common law system that has often ignored and even at times exacerbated women’s legal disabilities. In The Common Law Inside the Female Body, Anita Bernstein mounts a challenge to this story of division. There is, and has long been, she asserts, a substantial interrelation between the common law and feminist jurisprudential approaches to law. But Bernstein’s central argument, far from disrupting broad understandings of the common law, is in keeping with a claim that other legal scholars have long asserted: decisions according to ...


The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh 2020 Boston University

The Common Law Inside A Social Hierarchy: Power Or Reason?, Katharine Silbaugh

Boston College Law Review

Anita Bernstein argues that the common law gives women, too, the right to say no to what they do not want. She demonstrates that the common law is a far-reaching defense of condoned self-regard, a system that allows individuals to place their own interests above the interests of others, particularly when seeking to exclude others. She, therefore, places in the common law a right to protection from rape and a near-absolute right to expel a pregnancy. Bernstein reasons that women’s exclusion from the common law right to say no was a mistake produced by their absence from the judiciary ...


There's Feminism In Those Judgments, Anita Bernstein 2020 Brooklyn Law School

There's Feminism In Those Judgments, Anita Bernstein

Boston College Law Review

This Essay enlists the other contributions to this Symposium to honor the extraordinary transnational phenomenon of Feminist Judgments, a growing set of multi-authored volumes that find progressive potential in decisional law. Although The Common Law Inside the Female Body is a very different work, this Essay identifies common ground between this book and Feminist Judgments. The modus operandi of Feminist Judgments is to rewrite published judicial decisions to steer their results or their rationales in a feminist direction; The Common Law Inside the Female Body celebrates judge-made law as it is, in an unaltered state. That difference noted, the Feminist ...


Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad 2020 Barry University of Law

Re-Reading Anita Bernstein's The Common Law Inside The Female Body From The Bottom Of The Well: Analysis Of The Central Park Five, Border Drownings, The Kavanaugh Confirmation, And The Coronavirus, Nadia B. Ahmad

Boston College Law Review

81818app手机版下载This Article provides a critique of the common law based on its impact on “the legal other” or what the late Professor Derrick Bell viewed as the faces from the bottom of the well. Professor Anita Bernstein notes common law’s liberatory capacity. While this interpretation of the common law is true to a certain extent, this reading can lead to an underestimation of the common law’s limitations. In looking at the case involving the Central Park Five, I argue that feminist jurisprudence can have an unintended disparate impact on vulnerable populations. Examples of migrant detention facilities and precarious ...


The Female Legal Realist Inside The Common Law, Ann Bartow 2020 University of New Hampshire Franklin Pierce School of Law 81818app手机版下载

The Female Legal Realist Inside The Common Law, Ann Bartow

Boston College Law Review

This essay, a response piece to Anita Bernstein’s thought-provoking book The Common Law Inside the Female Body, examines the powerful tool of the common law and the role that judges play in wielding it. I begin by drawing on my twenty-four years of teaching and looking at the questions that I, and my students, grapple with every year while studying the common law: Do the uncoordinated actions of individual judges, juries, and lawyers and parties generate an efficient legal system? And does that system result in some version of justice for most of the parties, most of the time ...


Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner 2020 Emory University School of Law 81818app手机版下载

Seeking Liberty, Finding Patriarchy: The Common Law's Historical Legacy, Deborah Dinner

Boston College Law Review

Anita Bernstein’s important new book argues that the common law might be used to advance women’s liberation. In this short essay, I analyze Bernstein’s three modes of historical analysis: redeeming the common law where it enforced oppression, recovering it when it promoted women’s rights, and facilitating its evolution toward a feminist future. I argue that Bernstein’s account, though learned and compelling, sidelines the centrality of patriarchy to the common law. Adopting the liberty of the patriarch cannot realize true freedom for women. By appropriating common law doctrines, feminists risk forging a conceptual alliance with the ...


The Common Law As A Force For Women, Bridget J. Crawford 2020 Elisabeth Haub School of Law at Pace University 81818app手机版下载

The Common Law As A Force For Women, Bridget J. Crawford

Pace Law Faculty Publications

This essay introduces a collection of Symposium Essays examining Anita Bernstein's book, The Common Law Inside the Female Body (Cambridge University Press, 2019). Professor Bernstein explores the common law's recognition of both rights and liberties, highlighting in particular negative liberties such as the right to be left undisturbed. The Symposium Essays test and explore Professor Bernstein's thesis as applied to the right to be free from rape and unwanted pregnancies. Grounded in perspectives informed by the study of tort law, legal history, intellectual property, constitutional law, and critical race theory, these Essays--together with Professor Bernstein's book--suggest ...


Rules, Standards, And Such, Kevin M. Clermont 2020 Cornell Law School

Rules, Standards, And Such, Kevin M. Clermont

Cornell Law Faculty Publications

This Article aims to create a complete typology of the forms of decisional law. Distinguishing "rules" from "standards" is the most commonly attempted jurisprudential line, roughly drawn between nonvague and vague. But no agreement exists on the dimension along which the rule/standard terminology lies, or on where the dividing line on the continuum lies. Thus, classifying in terms of vagueness is itself vague. Ultimately it does not aid legal actors in formulating or applying the law. The classification works best as an evocative image.

A clearer distinction would be useful in formulating and applying the law. For the law-applier ...


The Common Law Of Cyber Trespass, Michael J. O'Connor 2020 Brooklyn Law School

The Common Law Of Cyber Trespass, Michael J. O'Connor

Brooklyn Law Review

81818app手机版下载Right now, if executives in California and Virginia each bribe a competitor’s disloyal employee to steal a trade secret from the competitor’s servers, under the federal Computer Fraud and Abuse Act (CFAA), the Government can charge one executive but not the other. Courts decide these cases differently due to the widening circuit split over the CFAA term “without authorization.” Neither the Supreme Court nor Congress has shown interest in resolving the split over authorization. Even more concerning is the suggestion that they can’t resolve it; the statute addresses too many potential scenarios for a single definition to ...


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana 81818app手机版下载

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan 2020 Indiana University Maurer School of Law 81818app手机版下载

Classifying Systems Of Constitutional Review: A Context-Specific Analysis, Samantha Lalisan

Indiana Journal of Constitutional Design

Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the ...


The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey 2020 NYU School of Law

The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey

Dickinson Law Review

It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have ...


Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence 2020 Penn State Dickinson Law

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review

No abstract provided.


Abc To Ab 5: The Supreme Court Of California Modernizes Common Law Doctrine In Dynamex Operations West, Inc. V. Superior Court, Abigail S. Rosenfeld 2020 Boston College Law School

Abc To Ab 5: The Supreme Court Of California Modernizes Common Law Doctrine In Dynamex Operations West, Inc. V. Superior Court, Abigail S. Rosenfeld

Boston College Law Review

In 2018, the Supreme Court of California held in Dynamex Operations West, Inc. v. Superior Court 81818app手机版下载that the ABC test for distinguishing between employees and independent contractors under state wage and hour laws should supplant its common law approach. As a result, California codified the decision as Assembly Bill 5 (AB 5). The adoption of the ABC test stands to benefit workers and have considerable effects on California’s economy. This Comment argues that courts should follow the Supreme Court of California’s example by shifting away from outdated common law doctrine to tackle emerging societal problems and propel legislative ...


The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia 2020 American University Washington College of Law

The Need For Federal Disclosure And Fraud Protection In The Workplace, Carlos Garcia

Legislation and Policy Brief

81818app手机版下载No abstract provided.


Three Questions About "Stand Your Ground" Laws, Cynthia V. Ward 2020 William and Mary Law School 81818app手机版下载

Three Questions About "Stand Your Ground" Laws, Cynthia V. Ward

Notre Dame Law Review Reflection

Stand Your Ground laws, and the issues they generate, do raise serious questions about what constitutes justice in cases that give rise to claims of self-defense. In order to resolve those questions, we first need to understand what the self-defense doctrine actually says and how it was designed to work. It is necessary to specify the ways in which Stand Your Ground provisions do, and do not, affect that doctrine.

In this Essay I will raise three issues about Stand Your Ground and self-defense. In addressing these issues I will use Florida law as a template because the Stand Your ...


Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan 2020 Elisabeth Haub School of Law at Pace University

Extraterritoriality In Common Law Climate Actions: Judicial Restraint Or Judicial Error?, Aaron B. Rudyan

Pace Environmental Law Review

81818app手机版下载No abstract provided.