Recently added articles from Stanford Law Review:
Investigating the 'CSI effect' effect: media and litigation crisis in criminal law. ('CSI: Crime Scene Investigation' television program) (Symposium: Media, Justice, and the Law)
Apr 01, 2009; ... <Pre> INTRODUCTION I. TYPOLOGY OF CSI EFFECTS II. EVIDENCE OF THE CSI EFFECT A. Anecdotes B. Surveys of Legal Actors C. Juror Surveys D. Psychological Experiments E. Acquittal Rate Data III. MEDIA COVERAGE OF THE CSI EFFECT IV. A ...
Criminal madness: cultural iconography and insanity. (Symposium: Media, Justice, and the Law)
Apr 01, 2009; ... <Pre> INTRODUCTION I. CRIMINAL MADNESS AND CULTURAL ICONOGRAPHY II. THE AGE OF EUGENICS: CRIMINAL DEGENERATES, SEX FIENDS, AND IRRESISTIBLE IMPULSES III. THE AGE OF HITCHCOCK: THE RISE AND DEMISE OF THE FREUDIAN PSYCHOPATH IV. THE NEW MONSTERS: THE RISE (AND RISE ...
Virtue and vice: who will report on the failings of the American criminal justice system?(Symposium: Media, Justice, and the Law)
Apr 01, 2009; ... <Pre> INTRODUCTION I. THE VIRTUES OF CRIMINAL JUSTICE REPORTING II. THE VICES OF CRIME REPORTING III. THE LIMITATIONS OF NEW MEDIA CONCLUSION </Pre> INTRODUCTION <Pre>Above the fold: HUNTSVILLE, Texas--Texas executed [name of inmate or description ...
Racing the closet. (Symposium: Media, Justice, and the Law)
Apr 01, 2009; ... <Pre> INTRODUCTIONI. "DOWN LOW" DISCOURSE: THE DOMINANT STORY II. BLURRING THE PERPETRATOR/VICTIM DIVIDE A. Not All Black Women Are Victims 1. Some women know; some don't care; some prefer bisexual men 2. Women can live "down low" B. Black Men Can ...
Ex parte blogging: the legal ethics of Supreme Court advocacy in the Internet era.
Apr 01, 2009; ... <Pre> INTRODUCTIONI. THE PHENOMENON OF EX PARTE BLOGGING II. EX PARTE BLOGGING UNDER THE CURRENT ETHICAL FRAMEWORK A. Publicity B. Ex Parte Communications by Attorneys to Judges C. Receipt of Ex Parte Communications by Judges III. OPTIONS FOR REFORM ...
Jurisdiction's noble lie.
Mar 01, 2009; ... <Pre> INTRODUCTIONI. LEGAL JURISDICTION: A STANDARD VIEW A. Personal Jurisdiction and Forum Non Conveniens B. Subject-Matter Jurisdiction and Abstention C. A Short Summary II. LEGAL JURISDICTION: AN UNCONVENTIONAL VIEW A. A Broader Brush B. A ...
The injustice of appearance.
Mar 01, 2009; ... <Pre> INTRODUCTION I. THE IMPORTANCE OF APPEARANCE AND THE COSTS OF CONFORMITY A. Definitions of Attractiveness and Forms of Discrimination B. Interpersonal Relationships and Economic Opportunities C. Self-Esteem and Quality of Life D. Time and Money E ....
Private immigration screening in the workplace.
Mar 01, 2009; ... <Pre> INTRODUCTION I. EMPLOYERS AS IMMIGRATION SCREENERS A. IRCA: Screening Out "Unauthorized" Workers B. The Challenges of Immigration Screening C. The Harms of Self-Serving Screening Decisions 1. Legal harms 2. Democratic harms II ....
The law, culture, and economics of fashion.
Mar 01, 2009; ... <Pre> INTRODUCTION I. WHAT IS FASHION? A. Status B. Zeitgeist C. Copies Versus Trends D. Why Promote Innovation in Fashion? II. A MODEL OF TREND ADOPTION AND PRODUCTION A. Differentiation and Flocking B. Trend Adoption C. Trend ...
The piracy paradox revisited.(response to article by C. Scott Hemphill and Jeannie Suk in this issue, p. 1147)
Mar 01, 2009; ... <Pre> INTRODUCTION I. THE COPYING CONUNDRUM IN FASHIONA. Differentiation, Flocking, and the "D/F Ratio"B. Some Difficulties with Differentiation 1. Why is the desire for differentiation better served in an environment in which there are lots of derivatives but ...
Remix and cultural production.(response to article by Kal Raustiala and Christopher Sprigman in this issue, p. 1201)
Mar 01, 2009; ... We are pleased that our Article, The Law, Culture, and Economics of Fashion, (1) attracted a long and thoughtful response from two distinguished participants who have been so influential in this debate. The simultaneous desire for differentiation and flocking is alive and well. In their ...
Pleading sovereign immunity: the doctrinal underpinnings of Hans v. Louisiana and Ex Parte Young.
Mar 01, 2009; ... <Pre> INTRODUCTION I. SOVEREIGN IMMUNITY: THE POLITICAL NARRATIVES OF HANS V. LOUISIANA A. Sovereign Immunity: A Crash Course B. Torts Versus Contracts: A Misstep II. THE COMMON LAW PLEADING SYSTEM A. Common Law Framework." A Case Study B. Madrazo ...
Who may be tried under the Military Commissions Act of 2006?
Mar 01, 2009; ... "I want us to see the process of legislation ... as ... the representatives of the community com[ing] together to settle solemnly and explicitly on common schemes and measures that can stand in the name of them all ...."--Jeremy Waldron, The Dignity of Legislation (1) "Sit down, ...
Viewpoint diversity and media consolidation: an empirical study.
Feb 01, 2009; ... <Pre> INTRODUCTION: THE DIVERSITY INDEX THAT DIDN'T INDEX DIVERSITY I. THE CONVERGENCE HYPOTHESIS A. Viewpoint Diversity and the Empirical Turn in the Law of Media B. Scholarly Dissensus II. LIMITATIONS OF EXISTING MEASUREMENTS OF VIEWPOINT DIVERSITY A. The FCC's ...
Institutional design and the policing of prosecutors: lessons from administrative law.
Feb 01, 2009; ... <Pre> INTRODUCTIONI. THE PROSECUTOR AS LEVIATHAN A. The Danger B. The Path to Unchecked Power II. THE ADMINISTRATIVE LAW MODEL A. Internal Separation B. Other Checks on Agency Power III. REDESIGNING THE PROSECUTOR'S OFFICE IV. THE POLITICS OF ...
The reasonable child declarant after Davis v. Washington.
Feb 01, 2009; ... <Pre> INTRODUCTION I. THE U.S. SUPREME COURT SHIFTED FROM FOCUSING ON RELIABILITY TO FOCUSING ON TESTIMONIAL HEARSAY A. In Ohio v. Roberts, the Court Created Its Two Prongs of Unavailability and Reliability B. In Bourjaily v. United States and White v ....
The functions of standing.
Dec 01, 2008; ... <Pre> INTRODUCTION I. THE FUNCTIONS OF STANDING A. The Concrete-Adversity Function 1. The doctrine of standing is said to restrict the courts to cases in which they act qua courts 2. It is plausible, but not particularly useful, to use standing to ensure ...
The myth of the generalist judge.
Dec 01, 2008; ... <Pre> INTRODUCTION I. EMPIRICAL STUDY OF OPINION ASSIGNMENT A. Previous Work B. Data and Methods 1. Data sources 2. Data reliability 3. Methods C. Results D. Discussion 1. Confidence in results 2. Explanations ...
Soft law: lessons from congressional practice.
Dec 01, 2008; ... <Pre> INTRODUCTION I. SOFT LEGISLATIVE LAW A. Hard Statutes B. Soft Statutes C. Ambiguous or Excluded Categories 1. Procedural rules 2. Resolutions given legal effect by prior statutes 3. Bill introduction and other internal ...
Legislative threats.
Dec 01, 2008; ... <Pre> INDEX OF FIGURES AND TABLES INTRODUCTION I. THE CONVENTIONAL WISDOM ON SOCIAL CONTROL II. LEGISLATIVE THREATS AS REGULATORS OF CONDUCT A. Legislators and the Reality of Legislative Business. 1. Cybersecurity 2. E-piracy 3. Digital obscenity...