Law

Choices and rights, children and murder

By Leigh Ann Wheeler
How did we arrive at this stunningly polarized place in our discussion — our national shouting match — over women’s reproductive rights? Certainly it wasn’t always this way. Indeed, consensus and moderation on the issue of abortion has been the rule until recently. Even if we go back to biblical times, the brutal and otherwise misogynist law of the Old Testament made no mention of abortion, despite popular use of herbal abortifacients at the time.

Plagiarized or original: A playlist for the contested music of Ira B. Arnstein

By Gary Rosen

From the 1920s to the 1950s, Ira B. Arnstein was the unrivaled king of music copyright litigants. He spent the better part of those 30 years trying to prove that many of the biggest hits of the Golden Age of American Popular Song were plagiarized from his turn-of-the-century parlor piano pieces and Yiddish songs. “I suppose we have to take the bad with the good in our system which gives everyone their day in court,” Irving Berlin once said, but “Arnstein is stretching his day into a lifetime.”

The music industry, change, and copyright

What happens when the creative world, technology, and the law combine? Look to the introduction of radio in the 1920s and a long-forgotten composer named Ira B. Arnstein. The long and tortured career of Arnstein, “the unrivaled king of copyright infringement plaintiffs,” opens a curious window into the evolution of copyright law in the United States and the balance of power in Tin Pan Alley.

A letter from Learned Hand

Learned Hand (1872-1961) served on the United States District Court and is commonly thought to be the most influential justice never to serve on the Supreme Court. He corresponded with people in different walks of life, some who were among his friends and acquaintances, others who were strangers to him. In the letter below, Hand writes to Mary McKeon, a New Yorker troubled by Hand’s decision to invalidate the warrantless search and consequent arrest of the Soviet spy, Judith Coplon.

Ten revision tips from the OUP student law panel

For many students it’s that time of year again when the festive cheer has ended and they are brought back down to earth with a bump by the prospect of mountains of revision to plough through. To help, we asked some students from the OUP Student Law Panel for their top revision tips that help them survive the exam season, and have a collection of their responses for you below.

Should we be worried about global quasi-constitutionalization?

By Grahame Thompson
Have we seen a potentially new form of global governance quietly emerging over the last decade or so, one that is establishing a surrogate and informal process of the constitutionalization of global economic and political relationships, something that is creeping up on us almost unnoticed? This issue of ‘global constitutionalization’ has become an important topic of analysis over recent years.

On the Second Amendment: should we fear government or ourselves?

By Elvin Lim
The tragic shootings in Newtown, CT, have plunged the nation into the foundational debate of American politics. Over at Fox News, the focus as been on mourning and the tragedy of what happened. As far as the search for solutions go, the focus has been on how to cope, what to say to children, and what to do about better mental health screening.

Limit the estate tax charitable deduction

By Edward Zelinsky
One widely-discussed possibility for reforming the federal income tax is limiting the deduction for charitable contributions. Whether or not Congress amends the Code to restrict the income tax deduction for charitable contributions, Congress should limit the charitable contribution deduction under the federal estate and gift taxes. Such a limit would balance the need for federal revenues with the desirability of encouraging charitable giving.

Semi-legal marijuana in Colorado and Washington: what comes next?

By Jonathan P. Caulkins, Angela Hawken, and Mark A.R. Kleiman
As officials in Washington State and Colorado try to decide how to implement the marijuana-legalization laws passed by their voters last month, officials in Washington, DC, are trying to figure out how to respond. Below, a quick guide to what’s at stake.

Ganja administration

By James H. Mills
It was announced 10 December as an outcome of the recent Commission into cannabis that the UK Government has decided to reorganise its ‘ganja administration’ with the objective of taxing sales of the drug in order to generate revenues and to control the price in order to discourage excessive consumption. The Government will work with partners from the private sector to ensure that products of a consistent quality are available to consumers.

Killing journalists in wartime: a legal analysis

By Sandesh Sivakumaran
The last couple of years have been bad for journalists. I’m not referring to phone-hacking, payments to police, and the like, which have occupied much attention in the United Kingdom these last months. Rather, I’m referring to the number of journalists who have been killed in wartime. These last two years alone have seen eminent journalists such as Marie Colvin and Tim Hetherington killed while reporting on armed conflicts.

Mars, grubby hands, and international law

By Gérardine Goh Escolar

The relentless heat of the sun waned quickly as it slipped below the horizon. All around, ochre, crimson and scarlet rock glowed, the brief burning embers of a dying day. Clouds of red dust rose from the unseen depths of the dry canyon–Mars? I wish! We were hiking in the Grand Canyon, on vacation in that part of our world so like its red sister. It was 5 August 2012. And what was a space lawyer to do while on vacation in the Grand Canyon that day? Why, attend the Grand Canyon NASA Curiosity event, of course!

Tax reform and the fiscal cliff

Taxes have always been an incendiary topic in the United States. A tax revolt launched the nation and the modern day Tea Party invokes the mantle of the early revolutionaries to support their call for low taxes and limited government. And yet, despite the passion and the fury, most Americans are remarkably clueless about how our tax system works. Surveys indicate that they have no idea about how they are taxed, much less about the overall contours of federal and state tax systems.

Does the state still matter?

Mark Bevir
Governance, governance everywhere – why has the word “governance” become so common? One reason is that many people believe that the state no longer matters, or at least the state matters far less than it used to. Even politicians often tell us that the state can’t do much.

Secession: let the battle commence

By James Ker-Lindsay
There has rarely been a more interesting time to study secession. It is not just that the number of separatist movements appears to be growing, particularly in Europe, it is the fact that the international debate on the rights of people to determine their future, and pursue independence, seems to be on the verge of a many change.

In his own voice: H.L.A. Hart in conversation with David Sugarman

By David Sugarman
This recording of my lengthy interview with H.L.A. Hart (1907–1992) has been resurrected from my audio tapes and given new life. Dusted and digitalized, the result is something quite beautiful. Here is Hart in his own words recorded in 1988, reviewing his life, his work, and his significance. The interview presents Hart as three individuals: legal philosopher, interviewee, and critic. The recording adds another dimension to our understanding of Hart that must be incorporated into our collective memory.