Pace law review最新文献

{"title":"Puerto Rico’s Separate and Unequal Status Under U.S. Law","authors":"B. Williams","doi":"10.58948/2331-3528.2029","DOIUrl":"https://doi.org/10.58948/2331-3528.2029","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":"19 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41286220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Compatibility of Confucianism and Law","authors":"Sophia Gao, Aaron J. Walayat","doi":"10.58948/2331-3528.2028","DOIUrl":"https://doi.org/10.58948/2331-3528.2028","url":null,"abstract":"It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems are compatible, as well as co-existing and integrating compatibilism. Co-existing compatibilism sees Confucianism and the law occupying different spheres within the same legal system while integrating compatibilism sees Confucianism and the law coming together into a new system. In this way, Confucianism offers China an alternative to liberal democratic and Marxist theories of law. 1. Sophia Gao is a Ph.D. Student at the University of New South Wales, Sydney, Australia. Sophia Gao’s email is the following: gao_feiyan@foxmail.com. 2. Aaron J. Walayat, Judicial Law Clerk, Hon. William S. Stickman IV, United States District Court for the Western District of Pennsylvania, Pittsburgh, Pennsylvania, United States. Aaron J. Walayat’s email is the following: aaronjwalayat@gmail.com.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48937946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE TWOMBLY/IQBAL PLAUSIBILITY PLEADING STANDARD AND AFFIRMATIVE DEFENSES: GOOSES AND GANDERS TEN YEARS LATER","authors":"Anthony Gambol","doi":"10.58948/2331-3528.2027","DOIUrl":"https://doi.org/10.58948/2331-3528.2027","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42376780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Holding Out for a Better Deal: How Big Four Professional Sports Franchises Should Handle Hold Outs","authors":"Steven R Vignola","doi":"10.58948/2331-3528.2023","DOIUrl":"https://doi.org/10.58948/2331-3528.2023","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41489667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Primary Jurisdiction and the Limits of Measurement in Mass Litigation","authors":"Jeff Lingwall","doi":"10.58948/2331-3528.2018","DOIUrl":"https://doi.org/10.58948/2331-3528.2018","url":null,"abstract":"This Article examines the use of primary jurisdiction through the lens of institutional economics and the ongoing revolution in pre-suit, plaintiff-side testing in mass litigation. In this setting, primary jurisdiction serves a necessary pro-agency institutional role. The ability of plaintiffs’ attorneys to easily 1 Jeff Lingwall is an Assistant Professor of Legal Studies at Boise State University; J.D., Yale Law School; Ph.D., Carnegie Mellon University; Nathan Leiter is a student at Truman State University. We thank participants at the Boise State University COBE faculty research group for helpful comments. Catherine Pence, Greg Joachems, Becky Roberson, and Joseph Hubble provided able assistance. Any errors are our own.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44413939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Not Necessarily Unlawful: Asylum Seekers’ Ability to Raise the Necessity Defense to Charges of Unlawful Entry","authors":"Daniel Hatoum","doi":"10.58948/2331-3528.2017","DOIUrl":"https://doi.org/10.58948/2331-3528.2017","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44464019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NYCLA JUSTICE CENTER TASK FORCE: SOLVING THE PROBLEM OF INNOCENT PEOPLE PLEADING GUILTY","authors":"","doi":"10.58948/2331-3528.2016","DOIUrl":"https://doi.org/10.58948/2331-3528.2016","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46674672","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Why the Birth of Autonomous Driving Is the Death of our “Right” to Drive","authors":"C. Emch","doi":"10.58948/2331-3528.2022","DOIUrl":"https://doi.org/10.58948/2331-3528.2022","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47449374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reflections on Feminism, Law & Culture: Law Students’ Perspectives","authors":"Bridget J. Crawford, Jessica Adlam, Cecilia Bonetti, Velislava Bozhinova, Olivia Brenner, Megan Carbia, Leandra Cilindrello, Rachel D'Ambrosio, Erin Davies, A. DeCola, Giovanna DiFilippo, A. Epstein, Jennifer Fineman, Vilma Gamarra, K. Henderson, Jacqueline Jonczyk, Jon Khan, Kerri Krippel, Bernadette Maligranda, Vanessa Neal, Mackenzie O'Brien, Erika Panzarino, Bhumi Patel, Victoria Piekarz, Elisabeth Podlubny, Xavier Prescod, Daniel Presser, Karli Regalbuto, Roberta Rosenberg, R. Rosenblum, Julianna Sedlacko, Sam Simpson, A. Spinner, Ophilia Tommy, Sylvia Vcherashansky, Drew Wares, A. Weissman, Sagar B. Yadav, Komali Yaskhi","doi":"10.58948/2331-3528.2026","DOIUrl":"https://doi.org/10.58948/2331-3528.2026","url":null,"abstract":"This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed group of men and women, second-year, third-year and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued throughout the week in a student-led asynchronous written on-line discussion forum, with a different group of student facilitators choosing the topic and guiding the conversation each week. This essay is an edited collection of student posts to the course’s online forum. It is intended to memorialize the interests, concerns, and contributions of this particular group of law students to feminist discourse during the Spring 2020 semester — a time when legal education and most aspects of American life were disrupted in an unprecedented way by the novel corona virus. \u0000 \u0000The essay organizes around ten discrete topics that reflect, but are not identical to, course material. Participants use TED talks and other videos, podcasts and news stories as entry points for engaging with topics of mutual interest. These include the nature of gender differences, the impact of gender differences on the workplace and family life, menstruation, motherhood, and feminist coalition-building. The essay both reflects students’ understanding of feminist legal theory as a distinct mode of academic inquiry and challenges feminist scholars to consider what “counts” as feminist topics from the perspective of current law students. It is a contemporaneous record of the substantive issues that these law students found important in the present moment.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48291389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What You Don’t Know (Can Hurt You): Using Exam Wrappers to Foster Self-Assessment Skills in Law Students","authors":"Sarah Schendel","doi":"10.58948/2331-3528.2010","DOIUrl":"https://doi.org/10.58948/2331-3528.2010","url":null,"abstract":"“Where did I go wrong?” \u0000 \u0000When we fail it’s tempting to forget it and move on. However, reflecting on poor performance and figuring out how to proceed is critical to being a successful student and lawyer. Unfortunately, when students receive a disappointing grade they often lack the ability to understand what went wrong and how to change. \u0000 \u0000Creating self-regulated learners who can identify what they don't know and make a plan to improve is key to helping students succeed. In order to do so – and in order to produce ethical, productive lawyers – law schools should place a greater emphasis on fostering the skill of self-assessment among students. \u0000 \u0000I propose exam wrappers as an effective and adaptable tool to strengthen law students’ self-assessment skills. The exam wrapper is a one page post-exam exercise currently utilized in a wide variety of disciplines including physics, chemistry, and second language acquisition; it has not yet been studied in law schools. Wrappers improve students’ study and exam taking techniques, while ingraining life-long self-assessment practices. In addition, when used properly, they constitute a formative assessment as required by American Bar Association (ABA) guidelines and best practices in legal education, without demanding an excessive amount of work on the part of professors. \u0000 \u0000In this Article I (1) briefly review metacognition and self-regulated learning; (2) argue for the importance of self-assessment as crucial a skill for law students and lawyers alike; (3) review recent scholarship on exam wrappers across higher education; and (4) offer a proposal for the development and implementation of exam wrappers in legal education. “What You Don’t Know” provides readers with foundational knowledge around the importance of self-assessment in legal education, as well as concrete templates and guidance for using exam wrappers in the law school classroom. \u0000 \u0000Given a widespread weakness in accurate self-assessment, the desire to produce self-regulated learners, and a consensus about the need for more formative assessment of law students, there is a persuasive argument for combining these needs through student-involved assessment activities. Exam wrappers are a valuable tool in the effort to standardize and strengthen law school post-exam reflection.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43627949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}