Category: Law Rev Contents

0

UC Davis Law Review, Issue 48:5 (June 2015)

Articles

Rethinking Religious Minorities’ Political Power
Hillel Y. Levin

The Governance Function of Constitutional Property
Lynda L. Butler

The Viability of Enterprise Jurisdiction: A Case Study of the Big Four Accounting Firms
Hannah L. Buxbaum

Dynamic Incorporation of the General Part: Criminal Law’s Missing (Hyper)Link
Eric A. Johnson

The Electric Grid at a Crossroads: A Regional Approach to Siting Transmission Lines
Alexandra B. Klass

Dividing Crime, Multiplying Punishments
John F. Stinneford

Notes

Wine Online: Fermenting the Role of Third Party Providers from California to New York
Alana Lenore Joyce

Adopting Solutions to Orphan Drug Shortages
Helen Liu

0

UC Davis Law Review, Issue 48:4 (April 2015)

Articles

Superstar Judges as Entrepreneurs: The Untold Story of Fraud-on-the-Market
Margaret V. Sachs

Breaking the Fever: A New Construct for Regulating Overtreatment
Isaac D. Buck

Digital Patent Infringement in an Era of 3D Printing
Timothy R. Holbrook & Lucas S. Osborn

Leaking and Legitimacy
Margaret B. Kwoka

Constraining White House Political Control of Agency Rulemaking Through the Duty of Reasoned Explanation
Sidney A. Shapiro & Richard Murphy

Patents, Partnerships, and the Pre-Competitive Collaboration Myth in Pharmaceutical Innovation
Liza S. Vertinsky

Note

FERC and USACE: The Necessity of Coordination in Implementation of the Hydropower Regulatory Efficiency Act
Shannon Morrissey

lawreview.law.ucdavis.edu

0

University of Toronto Law Journal – Volume 65, Number 2, Spring 2015

utlj-logo

University of Toronto Law Journal – Volume 65, Number 2, Spring 2015

The Mystery Of Privity: Grand Trunk Railway Company Of Canada v Robinson (1915)
Catharine MacMillan

The Importance Of Being Earnest: Two Notions Of Internalization
Daphna Lewinsohn-Zamir

Victim Impact Statements At Sentencing: Towards A Clearer Understanding Of Their Aims
Marie Manikis

Book Review
Neil Duxbury, Elements of Legislation, reviewed by Anver M Emon
Richard Ekins, The Nature of Legislative Intent, reviewed by Anver M Emon
Julie Cohen, Configuring the Networked Self: Law, Code and the Play of Everyday Practice, reviewed by David Lyon
Margaret Jane Radin, Boilerplate, the Fine Print, Vanishing Rights, and the Rule of Law, reviewed by Pascale Chapdelaine

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

0

University of Toronto Law Journal – Volume 65, Number 1, Winter 2015

utlj-logo

University of Toronto Law Journal – Volume 65, Number 1, Winter 2015

The Stripping of the Trust: A Study In Legal Evolution
Adam S Hofri-Winogradow

The Fault of Trespass
Avihay Dorfman, Assaf Jacob

How Tort Law Empowers
Ori J Herstein

BOOK REVIEW
Jack Balkin, Living Originalism, reviewed by Paul Daly

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

0

UC Davis Law Review, Issue 48:3 (February 2015)

Articles

Schrödinger’s Cybersecurity
Derek E. Bambauer

Unsexing the Fourth Amendment
I. Bennett Capers

Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?
Sarah Rudolph Cole

Waking the Furman Giant
Sam Kamin & Justin Marceau

Trading Dams
Dave Owen & Colin Apse

Federalism and Local Environmental Regulation
Shannon M. Roesler

Note

SB 568: Does California’s Online Eraser Button Protect the Privacy of Minors?
James Lee

lawreview.law.ucdavis.edu

0

UC Davis Law Review, Issue 48:2 (December 2014)

Symposium — Not Equal Yet: Building upon Foundations of Relationship Equality

Law Review Symposium 2014 — Keynote by Erwin Chemerinsky
Erwin Chemerinsky

Standing Up for Direct Democracy: Who Can Be Empowered Under Article III to Defend Initiatives in Federal Court?
Vikram David Amar

United States v. Windsor, Marriage, and the Dangers of Discernment
David B. Cruz

Constitutional Crossroads and the Canon of Rational Basis Review
Katie R. Eyer

Evaluating the Methodology of Social Science Research on Sexual Orientation and Parenting: A Tale of Three Studies
Gregory M. Herek

The Perils of Family Law Localism
Courtney G. Joslin

Children as Proto-Citizens: Equal Protection, Citizenship, and Lessons from the Child-Centered Cases
Catherine E. Smith and Susannah W. Pollvogt

The Jurisprudence of Denigration
Steven D. Smith

When Governments Insulate Dissenters from Social Change: What Hobby Lobby and Abortion Conscience Clauses Teach About Specific Exemptions
Robin Fretwell Wilson

0

University of Toronto Law Journal – Volume 64, Number 5, Fall 2014

utlj-logo

University of Toronto Law JournalVolume 64, Number 5, Fall 2014

Strange bedfellows
Robert Leckey

Two logics of authority in modern law
Arie Rosen

Authority, justice, and public law: A unified theory
Jacob Weinrib

REVIEW ARTICLES
The work of Lon Fuller: A promising direction for jurisprudence in the twenty-first century
Wibren van der Burg

List and Pettit on group agency and group responsibility
Vincent Chiao

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

0

University of Toronto Law Journal – The Residential School Litigation and Settlement

utlj-logo

University of Toronto Law Journal – Volume 64, Number 4, May 2014

The Residential School Litigation and Settlement
Guest Editors: Mayo Moran and Kent Roach

This is the first symposium issue to take an in-depth look at Canada’s Aboriginal Residential School litigation which was the largest class action in Canadian history and the innovative agreement that settled it. The volume provides insider and comparative perspectives on the settlement agreement as well as outlining the historical and contemporary context of the residential schools that many Aboriginal people in Canada were required to attend. The issue also includes critical examinations of the litigation and of various features of the settlement itself. It also looks at the larger context including the conduct of lawyers in the litigation.

Mayo Moran is Dean and James Marshall Tory Professor of Law at the Faculty of Law University of Toronto.
Kent Roach is Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law

This issue contains:

Introduction: The Residential School Litigation and Settlement
Mayo Moran, Kent Roach

Residential schools, respect, and responsibilities for past harms
John Borrows

The settlement process: A personal reflection
Kathleen Mahoney

The role of reparative justice in responding to the legacy of Indian Residential Schools
Mayo Moran

Blaming the victim: Canadian law, causation, and residential schools
Kent Roach

Unsettling the lawyers: Other forms of justice in Indigenous claims of expropriation, abuse, and injustice
Carrie Menkel-Meadow

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.

0

Three Ideas to Improve Law Reviews (as Institutions)

Above all else, el al. must be destroyed.

Above all else, el al. must be destroyed.

This year, I’ve been tapped to be one of Temple Law Review’s faculty advisors.  I’m excited – the position will give me a platform to blather on to an even-more-captive audience on paramount importance  of avoiding use of et al.

Quite apart from that Cato-ian quest, the advising position has caused me to think a bit harder about some advice I’ve written on this blog to law review editors. While I once believed that law review editors could successfully strategize to maximize their W&L impact factors, I no longer think this is possible. I never was convinced it was a good idea on its merits.  Most law reviews–i.e., those outside of the top 20, variously defined–lack market power to reliably choose articles very likely to be cited. Therefore, strategies directed at W&L Impact, or citations otherwise measured, are unlikely to bear fruit. Neither the article-selection nor the article-citation markets are efficient: no one board can move the needle sufficiently to make it worthwhile. Worse, article selection strategies are going to make the people on boards feel terrible, because they are generally only tactical–reading only expedited submissions, looking at letterhead as a proxy for quality, applying short fuses on offers, focusing on random areas of law in an attempt to be counter-trend. But everyone is doing that now.  It’s like law review glossy publications seeking to bump USNWR reputation scores. The game is rigged. The only alternative is not to play.

So what should you do? I’ve already suggested how boards can escape the citation rat race by opening up the fire hose and closing their eyes.  Now I’ll go further – what can the board to do improve the law review as an institution, not merely as an article selection and publication machine.  Here are three concrete ideas:

Read More

0

University of Toronto Law Journal – Volume 64, Number 3, Summer 2014

utlj-logo

University of Toronto Law Journal – Volume 64, Number 3 Summer 2014

How to redistribute? A critical examination of mechanisms to promote global wealth redistribution
Ilan Benshalom

Republicanism and the division of powers in Canada
Hoi L. Kong

Private ownership and the standing to say so
Avihay Dorfman

REVIEW ARTICLES
Normative jurisprudence and legal realism
Hanoch Dagan

Proportionality and justification
Moshe Cohen-Eliya, Iddo Porat

Full text of the University of Toronto Law Journal is available online at UTLJ Online, Project Muse, JSTOR, HeinOnline, Westlaw, Westlaw-CARSWELL, LexisNexis and Quicklaw.