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On the Abuse and Limits of Lawyer Discipline

Despite being routinely underfunded, lawyer disciplinary processes must operate in ways that merit the confidence of both society at large and the American legal profession.  This means that those who participate in lawyer grievance adjudication must be vigilant against systemic abuse (whether deliberate or unintentional) and mindful of factors that limit institutional competence.  This Essay [...]

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Debating Over Backyard Chickens

This paper supplements our Article, Excessive Speech, Civility Norms, and the Clucking Theorem.  The paper documents the debates and controversies over backyard chicken laws in forty localities between 2007 and 2010.  The paper also examines relevant legal transitions in three states—Alabama, California, and Georgia.  The Clucking Theorem is available at 44 Conn. L. Rev. 1 [...]

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Eyes Wide Shut: The Perils of Failing to Take Action to Undo Fraudulent Transfers Before Entry of a Restitution Order

The Mandatory Victims Restitution Act enables the Federal Government to recover statutorily mandated restitution from criminal offenders to compensate the victims of fraud and other corporate crimes.  According to a report issued by the Government Accountability Office, the Department of Justice lacks the statutory authority to obtain pre-conviction restraints on funds in order to satisfy [...]

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Remembering Privacy and Regulation

In a brief response to Eric Miller’s Forget Privacy, Alfred Brophy reminds us that the Warren Court was concerned with a number of allied issues, including privacy (and what Miller refers to as “personal security”) and regulation of government action.  Remembering Privacy and Regulation suggests that the Warren Court drew upon a deep well of [...]

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Hitting the Sweet Spot by Accident: How Recent Lower Court Cases Help Realign Incentives in the Credit Rating Industry

Broad reliance on excessively optimistic credit ratings of structured financial products helped ignite and spread the recent financial crisis. A misalignment of incentives at rating agencies such as Fitch Inc., Moody’s Corporation, and Standard & Poor’s (“S&P”) contributed significantly to this excessive optimism. One proposal for better aligning incentives is to facilitate more lawsuits against [...]

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Apology Lite: Truths, Doubts, and Reconciliations in the Senate’s Guarded Apology for Slavery

The United States Senate recently offered an apology for slavery, which contained an unusual disclaimer prohibiting its use in any claim for monetary reparations.  This Essay examines the legal and moral effects of that apology.  It analyzes the role of apology within the slavery reparations debate generally as well as the question of whether a [...]

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The Word and the Problem of Human Unconsciousness: An Analysis of Charles R. Lawrence’s Meditation on Racism, Oppression, and Empowerment

Charles R. Lawrence’s Word, a form of liberation theology, gives its practitioners an intrinsic tool for empowering and liberating those who have been silenced and marginalized by the dominant legal narrative and by racism and sexism. As victims, oppression is external to, independent of, and happening to minorities and women. Yet, relying on Abraham’s teachings [...]

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Thoughts on the New Era of Law Review Companion Sites

Some revolutions begin with great fanfare; others start unnoticed. The rise of the blogger is perhaps the most heralded development in the world of legal education since the first rankings of U.S. News & World Report. The number of legal bloggers, as determined in the latest online census, stands at over 300. Symposia on the [...]

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The Business of Law Reviews

Even articles that have criticized the institution of the law review tend to note some of the benefits of law reviews such as signaling quality students to employers, imparting rigor to the thought and writing of students via the editing process, and enhancing a law school’s competitiveness. Such functions are the inefficient by-products of law [...]

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Mrs. Lincoln’s Lawyer’s Cat: The Future of Legal Scholarship

When Judge John Noonan wrote about law reviews in the Stanford Law Review back in 1995, he likened them to cathedrals. Just as every self-respecting medieval town had one, every self-respecting law school must have one. Schools that aspire to high rankings need more than one, actually. I might use a different analogy, more closely [...]

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