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Empirical Analysis of Existing Human Rights Treaties and Prospects for Vulnerable Groups, 29 Transnat\u27l L. & Contemp. Probs. 63 (2019)
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Judicial Pragmatism: Strengths and Weaknesses in Common Law Adjudication, Legislative Interpretation, and Constitutional Interpretation, 52 UIC J. Marshall L. Rev. 369 (2019)
Get PDFJudicial pragmatism is a judicial methodology known for its future-looking mode of analysis, empirically-based decision making, and openness to judicial activism. In terms of strengths, judicial pragmatism helps to (1) maximize wealth and efficiency, (2) resolve truly novel cases, and (3) account for legislative shortcomings. In terms of weaknesses, judicial pragmatism poses the risks of (1) judicial tyranny, (2) overdependence on the social sciences, and (3) marginalization of important moral values. Although judicial pragmatism has generally been accepted as a helpful analytical approach, questions still remain over the extent to which it is helpful to judges in common law adjudication, legislative interpretation, and constitutional interpretation. The area in common law adjudication where judicial pragmatism offers promise is where the facts in the case are truly novel and the application of traditional common law rules is inefficient. In legislative interpretation, judicial pragmatism offers promise where the statute is vague, provides no instruction on how to interpret the statute, and has indicia of “delegation” of lawmaking authority to the courts. Finally, the area in constitutional interpretation where judicial pragmatism offers promise is where the issues involve truly novel facts and pressing social needs that are indirectly covered by the Constitution
An Inflection Point for Affordable Housing: The Promise of Inclusionary Mixed-Use Redevelopment, 52 UIC J. MARSHALL L. REV. 581 (2019)
Get PDFA Rational Nexus Approach to Workforce Housing Land Development Conditions, 52 UIC J. MARSHALL L. REV. 647 (2019)
Get PDFScandal in the US and Australian Wine Industry! Trademarks and GIs As a Consumer Magnet?, 118 J. Marshall Rev. Intell. Prop. L. 421 (2019)
Get PDFIn a dense global market, wine is heavily reliant on catering to the needs of consumers. Consumers, as part of the decision-making process, rely on information – comprising information type, and the way that it is portrayed. This article identifies branding opportunities for New World wineries – particularly in the United States and Australia – to capitalize on without compromising innovation in branding nor breaching IP law. It highlights that wineries in the New World have a plethora of opportunity to create a spunk and pizazz effect in their branding. At the same time, it cautions what wineries should avoid for the purpose of otherwise being classified as ‘scandalous’
Solidarity Economy Lawyering, 8 Tenn. J. Race Gender & Soc. Just. 23 (2019)
No full textThis essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. The solidarity economy movement is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement has been established for several decades in other parts of the world, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well as the incorporation of solidarity economy strategies in a number of social movements, including the Movement for Black Lives, the Indigenous Rights movement, the modern-day environmental justice movement, and in many workers’ rights campaigns. Despite the growing prominence of solidarity economy initiatives, not much if anything has been written about solidarity economy in the legal body of scholarship. All the while, the law and legal support play an integral role to the success of solidarity economy enterprises and the movement overall. Moreover, many transactional lawyers, law school clinics, and legal service organizations are providing legal and technical assistance to solidarity economy organizations. Solidarity economy is an important framework for progressive transactional lawyers and those interested in supporting transformative community economic development (CED) efforts.
The skills and expertise of transactional lawyers have much to contribute to the solidarity economy movement. I argue that transactional lawyers have a particular role to play in the development of the solidarity economy movement, as creative legal strategies are an important piece to the long and short-term success of the solidarity economy movement. These current and potential contributions go beyond the legal structuring of worker cooperatives or community land trusts but fully extend to other transactional legal services and skillsets. Transactional lawyers can play a critical role in 1) advocating for corporate and regulatory reform and creatively reimagining the law to aid the goals of the solidarity economy movement, what others have referred to as radical transactionalism and 2) “scaling up” the solidarity economy through the linkage of solidarity economy organizations and enterprises. To be an effective lawyer in the solidarity economy movement, however, legal professionals must be able to provide more than the necessary technical expertise. Effective solidarity-economy lawyers must also embrace the imaginations and experimentations of clients and put the law in service to those goals. To do so, solidarity-economy lawyers should develop a deep understanding of their clients’ goals, build authentic and solidaristic relationships with their clients, and also creatively integrate legal strategies to client matters
