For Peter, With Love

Tuesday, April 7, 2009 | Comments Off on For Peter, With Love

Before I start, a bit of context may be helpful. Peter Gabel and I go back a long way and our agreements and disagreements, just as long. As best as I can figure out, we were the only two...

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Critical Legal Studies as a Spiritual Practice

Monday, April 6, 2009 | Comments Off on Critical Legal Studies as a Spiritual Practice

I assume that I was asked to speak on a panel entitled “The Higher Law and Its Critics” because the organizers of this conference believed that as a Critical Legal Studies (CLS) founder and writer, I’d debunk the idea...

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Law and Economics: Is there a Higher Law?

Sunday, April 5, 2009 | Comments Off on Law and Economics: Is there a Higher Law?

In his book, Law’s Quandary, Steven D. Smith describes how difficult it would be to explain to a visitor from another planet what “the law” is like. There is no simple person or document to point to and say,...

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The Class Action (Un)Fairness Act of 2005: Could it Spell the End of the Multi-State Consumer Class Action?

Sunday, April 5, 2009 | Comments Off on The Class Action (Un)Fairness Act of 2005: Could it Spell the End of the Multi-State Consumer Class Action?

Any act of Congress with the potential to eradicate the multi-state consumer class action essentially renders much, if not all, of the consuming public impotent in the battle against unfair and deceptive trade practices. This unfortunate state of affairs...

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From Blackstone to Holmes: The Revolt Against Natural Law

Saturday, April 4, 2009 | Comments Off on From Blackstone to Holmes: The Revolt Against Natural Law

A number of fortuitous circumstances made William Blackstone the principal teacher of law to American lawyers of the revolutionary generation and the early republic.’ Daniel Boorstin said of Blackstone’s Commentaries, “In the history of American institutions, no other bookexcept...

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Confronting the Shadow: Is Forcing a Muslim Witness to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?

Saturday, April 4, 2009 | Comments Off on Confronting the Shadow: Is Forcing a Muslim Witness to Unveil in a Criminal Trial a Constitutional Right, or an Unreasonable Intrusion?

This Comment will analyze the veiled witness’s effect on the criminal defendant’s right to confrontation and will ultimately argue that such veiled testimony violates the Confrontation Clause. Part II will give the reader a general overview of Islam and...

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