Be pro-social
Re: Chuck Asay’s cartoon dated 1 March 2008, in which the final frame accuses Barack Obama of “Class Envy.” I have been regularly reading “Today’s Cartoons” since you launched the feature a few years ago. I do not recall exactly when Chuck Asay was added, but I do remember that I quickly recognized his cartoons. … Read more
When describing the Chinese politico-legal system, Western commentators naturally compare and contrast it with Western legal systems. The Chinese politico-legal system, however, has enough differences that the Western observer is often unable to understand how the Chinese system actually works. Furthermore, many Western observers are left with the impression that because the Chinese system is … Read more
What is Law? A precise definition is free of normative arguments and cultural bias and accurately describes all types of Law.
In 1913, Wesley Newcomb Hohfeld published a seminal article about fundamental legal terminology. He argued that the description of legal relationships was unnecessarily complicated by a lack of precise use of legal terms. The Hohfeldian system is atomistic in that all legal relationships can be described with only eight terms: right, duty, power, liability, immunity, … Read more
Professor Donald C. Clarke hypothesized that there is “a genuine social belief [in China] that deaths don’t just happen; someone needs to be held responsible.” I argue that his hypothesis is consistent with Chinese communitarian values and with Chinese law.
In August 2006, in the small town of Jena, a freshman African-American student asked the principal of the high school if African-American students were allowed to sit under the shade tree that the white students typically sat under. The principal told him students could sit wherever they wanted, and the student sat under the tree. … Read more
The “power theory” of jurisdiction suggests that a state has jurisdiction over persons found within the territorial limits of that state. This idea is intuitive, but like all legal concepts, there are some hard cases that call for a more nuanced definition. If a person merely flies over a state in an airplane (therefore, the … Read more
*16 From very early days down to the present time the essential nature of trusts and other equitable interests has formed a favorite subject for analysis and disputation. The classical discussions of Bacon1 and Coke are familiar to all students of equity, and the famous definition of the great chief justice (however inadequate it may … Read more
President Bush is holding peace talks between Israel and Palestine. He eloquently stated, “I don’t think it’s a risk to try for peace. I think it’s an obligation.” 27 November 2007. This is stark contrast to his statements less than two years ago. “[N]ot until you [Hamas] renounce your desire to destroy Israel will we … Read more
The US Constitution authorizes Congress to create a patent and copyright system to “promote the Progress of Science and useful Arts.” The authors of the Constitution believed that an effective intellectual property system would encourage innovation and advancement. It is only recently that we have started to view the IP system as an entitlement to … Read more