Disability Rights and Constitutional Law
JOTWELL is featuring Professor Michael Waterstone's article, Disability Constitutional Law, 63 Emory L.J. 527 (2014), in which he "seeks to lay a foundation for Disability Constitutional Law." Unlike the LGBT movement, disability rights advocates have not traditionally relied on constitutional arguments for their claims. "Through a careful analysis, Prof. Waterstone concludes that the Disability Rights movement has suffered setbacks through constitutional law, but the time is ripe to recoup the use of constitutional law to advance the umbrella of disability rights."
Constitutional Law for Corporations
Professor Elizabeth Pollman's new article, Constitutionalizing Corporate Law, is forthcoming in the Vanderbilt Law Review. She argues that the Supreme Court's newest rulings represent a dramatic "doctrinal shift," and "put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity of business corporations." This gives "a quasi-constitutional dimension to governance rules that were developed in a different era and with a different focus."
What's in a record?
Professor Kevin Lapp's well-received book review, American Criminal Record Exceptionalism, Ohio St. J. Crim. L (2015), is a top criminal law download on SSRN. Professor Lapp reviews James Jacobs new book, The Eternal Criminal Record (2015), and argues that our record-keeping practices amount to "an inexpensive means of sorting and inflicting punishment by devolving a great portion of the work to private actors and the general public."
Oxford University Press celebrates Peter Tiersma's legacy
The late Peter Tiersma, who taught at Loyola for 25 years, was a prominent scholar of language and law. Oxford University Press has just released a collection of 12 of his most influential publications, Speaking of Law: Conversations on the Work of Peter Tiersma, with commentary from the nation's leading law and language scholars.
A Theory of Performance-Based Consumer Law
JOTWELL is praising Professor Lauren Willis's forthcoming article, Performance-Based Consumer Law, University of Chicago Law Review. The review calls her approach "thrilling" and "elegant," "the conclusion toward which everything has been building, the piece that locks everything into place." Willis would align the interests of firms and regulators by switching to "consumer performance" standards rather than current disclosure or design requirements. In effect, firms would be rewarded for actual consumer comprehension and/or when consumers actually use products in suitable ways.
Loyola Law School
919 Albany St.
Los Angeles, CA 90015