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Legal Theory Blog

Legal Theory Blog

Covers constitutional theory, feminist legal theory, law and economics, normative legal theory and more. By University of Illinois Professor Lawrence B. Solum.

http://lsolum.typepad.com/legaltheory/
  • Oct 18

    Albert on Single-Subject Requirements for Constitutional Amendment

    Albert on Single-Subject Requirements for Constitutional Amendment
    Richard Albert (Boston College - Law School) has posted Single-Subject Constitutional Amendments on SSRN. Here is the abstract: What makes a constitution difficult to amend? The answer varies across jurisdictions. In the United States, for…
  • Oct 18

    Hershovitz on Expressivism & Tort

    Hershovitz on Expressivism & Tort
    Scott Hershovitz (University of Michigan Law School) has posted Treating Wrongs as Wrongs: An Expressive Argument for Tort Law (10 Journal of Tort Law (Forthcoming)) on SSRN. Here is the abstract: The idea that criminal punishment carries a…
  • Oct 18

    Pojanowski on Justifications for Originalism

    Pojanowski on Justifications for Originalism
    Jeffrey A. Pojanowski (Notre Dame Law School) has posted Why Should Anyone Be an Originalist? (Diritto Pubblico Comparato ed Europeo Online, Vol. 31, p. 583) on SSRN. Here is the abstract: This essay, a contribution to an international…
Rank this Week: 9

Law and Humanities Blog

Law and Humanities Blog

An independent blog supporting law and humanities activities and scholarship, including the work of the Law and Humanities Institute. Posts discuss law and the arts, law and history, and occasionally law and social sciences, and law and science. The blog posts calls for papers, news of conferences, special events, and other items of interest to those in the field.

http://lawlit.blogspot.com/
Rank this Week: 1611

The Right Coast

The Right Coast

Thoughts from San Diego on law, politics, and culture. By Thomas A. Smith.

http://rightcoast.typepad.com/rightcoast/
  • Oct 18

    Trump Is Afraid His Tax Plan Is Doomed. He Should Be.

    Trump Is Afraid His Tax Plan Is Doomed. He Should Be.
    To President Trump and his administration, the quest for tax reform looks like repeal and replace (i.e. flail and disgrace) all over again. via nymag.com I hope this isn't true.
  • Oct 18

    Why Hollywood is the perfect hunting ground for pervs | New York Post

    Why Hollywood is the perfect hunting ground for pervs | New York Post
    Cosby and Weinstein have something else in common, of course. They work in show business. And here, too, the habits and behaviors of powerful men in show business set them apart from other men in almost every other profession (save,...
  • Oct 18

    Wanted dead, not alive: France's approach to French jihadists - The Local

    Wanted dead, not alive: France's approach to French jihadists - The Local
    France's attitude to the killing of its citizens in Syria fighting for the Islamic State group has rarely been as frankly stated as it was in the lead up to the fall of Raqa. "We are committed along with our...
Rank this Week: 82

Dorf on Law

Dorf on Law

By Cornell Law School Professor Michael Dorf and his friends.

http://www.dorfonlaw.org/
  • Oct 18

    The role of “moderate” Republicans in the Trump end-game

    The role of “moderate” Republicans in the Trump end-game
    by William HausdorffI started writing for this blog 15 months ago, in July of 2016, when it became evident that Trump was about to capture the Republican nomination for President.  In the firstcolumn, I conveyed my bewilderment that…
  • Oct 17

    Originalism and Textualism in Action: Not Constraining and Not Neutral

    Originalism and Textualism in Action: Not Constraining and Not Neutral
    by Joseph KimbleIn an August 25, 2017 blog post, Michael Dorf asked, “How Determinate Is Originalism in Practice?” His conclusion from the evidence: not very.There followed a series of exchanges between Prof. Dorf and Prof.…
  • Oct 16

    The Care and Feeding of a Poltiically Useful Non-Scandal

    The Care and Feeding of a Poltiically Useful Non-Scandal
    by Neil H. BuchananHow does a false story become the basis of a political hit job, serving an ideological agenda while refusing to go away, no matter how many times it is debunked?  Why do some tall tales of political perfidy last far…
Rank this Week: 1328

Written Description

Written Description

Reviews recent scholarship in patent law, intellectual property theory, and innovation. By Christopher Suarez, Sarah Tran, and Tan Mau Wu.

http://writtendescription.blogspot.com/
  • Oct 17

    A Deep Dive on NPE Outcome

    A Deep Dive on NPE Outcome
    I glibly commented on a friend's Facebook post last week that "patent troll" academic articles are so passe, despite the growing number of articles that use that term as compared to, say, 2012. Now, I shouldn't complain; given that my most…
  • Oct 10

    The Case for a Patent Box with Strings Attached

    The Case for a Patent Box with Strings Attached
    [This post is co-authored with Daniel Hemel, an assistant professor of law at the University of Chicago Law School, and cross-posted at Whatever Source Derived.] Trump administration officials are hoping that their plan for steep…
  • Oct 10

    Patents and Vertical Integration: A Revised Theory of the Firm

    Patents and Vertical Integration: A Revised Theory of the Firm
    I'm a big fan of Peter Lee's work, and I'm a big fan of theory of the firm work. Imagine my joy upon seeing Prof. Lee's new article, forthcoming in Stanford Law Review, called: Innovation and the Firm: A New Synthesis. This article is a…
Rank this Week: 2737

Religious Left Law

Religious Left Law

Politically progressive law professors from various religious traditions discuss law and cognate subjects from their unique perspectives: Legal theory, politics, and comparative theology.

http://www.religiousleftlaw.com/
  • Oct 16

    Anarchism: Philosophy & Praxis — a bibliography

    Anarchism: Philosophy & Praxis — a bibliography
    The first draft of my latest—82nd—bibliography, “Anarchism: Philosophy & Praxis,” is now available.
  • Oct 13

    The generalized or universal aesthetic appreciation of religious art

    The generalized or universal aesthetic appreciation of religious art
    As I‘ve likely mentioned in this space before (when you reach my age, confidence in one’s memory is evanescent), in our class at city college on “comparative world religions” I suggested at the beginning of the term…
  • Oct 10

    Transformational Marriage: How to End the Culture Wars Over Same-Sex Marriage

    Transformational Marriage: How to End the Culture Wars Over Same-Sex Marriage
    That's the title of a new paper by Rob Kar, Professor of Law and Philosophy at the University of Illinois. The paper is Rob's contribution to a volume edited by Robin Fretwell Wilson: The Contested Place of Religion in Family Life (Cambridge…
Rank this Week: 1002

Juris Diversitas

Juris Diversitas

An international, interdisciplinary community for the study of legal and normative mixtures and movements.

http://jurisdiversitas.blogspot.com/
  • Oct 11

    Call for Papers - Flags, Identity, Memory: Critiquing the Public Narrative through Color

    Call for Papers - Flags, Identity, Memory: Critiquing the Public Narrative through Color
    Flags, Identity, Memory: Critiquing the Public Narrative through ColorAnne Wagner and Sarah Marusek (eds)In our project, the identification of “identity” employs culturally specific color codes and images that conceal assumptions…
  • Oct 9

    New Publications from Klaus Schwarz Verlag, Berlin

    New Publications from Klaus Schwarz Verlag, Berlin
    New Publications / NeuerscheinungenKlaus Schwarz Verlag New releases / Neuerscheinungen 2017/2018Gábor HamzaStudies on Legal Relations between the Ottoman Empire/the Republic of Turkey and Hungary, Cyprus, and MacedoniaSelected Essays…
  • Oct 3

    Juris Diversitas 6th Annual Conference, Call for Paper

    Juris Diversitas 6th Annual Conference, Call for Paper
    CALL FOR PAPERSJURIS DIVERSITAS6th ANNUAL CONFERENCEJune 25-27, 2018Potchefstroom, South AfricaIn partnership withFaculty of Law, North-West University, Potchefstroom & the Centre for Comparative Law in Africa Law, Roots &…
Rank this Week: 193

Federalist Society Multimedia…

Federalist Society Multimedia Archive

Audio of recent events, speeches and conferences of the Federalist Society for Law and Public Policy Studies.

http://www.fed-soc.org/publications/page/multimedia-from-past-federalist-society-events-2014
  • Aug 14

    Occupational Licensing, Antitrust, and Innovation 8-9-2017

    Occupational Licensing, Antitrust, and Innovation 8-9-2017
    Regulatory Transparency ProjectEvery state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen…
  • Jul 28

    2017 Annual Supreme Court Round Up 7-13-2017

    2017 Annual Supreme Court Round Up 7-13-2017
    Washington, DC Lawyers ChapterOn July 13, 2017, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at the National Press Club in Washington, DC.Featuring:Mr. Miguel Estrada, Gibson Dunn…
  • Jul 13

    The Constitutional War Powers of the Executive and Legislative Branches 7-7-2017

    The Constitutional War Powers of the Executive and Legislative Branches 7-7-2017
    Article I InitiativeWhat kind of war power does the Constitution grant the President and Congress? What limitations apply to each branch concerning the power to declare war and the use of military force? Over time, how has the Framers’…
Rank this Week: 398

Psychology of Law and Criminal…

Psychology of Law and Criminal Behavior

By Kenneth Padowitz.

http://www.psychology-criminalbehavior-law.com/
  • Aug 2

    How “Expert” is Expert Testimony?

    How “Expert” is Expert Testimony?
    The Eye-Opener The legal system as we know it, places considerable emphasis on expert testimony. On a reasonable scale, there is no expectation that such testimony would be accurate at all times and in all instances. However, digging deep…
  • Feb 4

    Cultural Influence On Crime

    Cultural Influence On Crime
    One can take many different stances when asked to determine the causes of criminal activity. One area of research that has been gaining popularity views crime as a product of the culture or subculture to which one belongs, rather than…
  • Jan 28

    Rational Choice as a Theory of Crime

    Rational Choice as a Theory of Crime
    Rational choice is a prominent theoretical model in many fields of research, though many criminologists continue to doubt its applicability as a general theory of crime. Much of this skepticism can be attributed to the over-simplification of…
Rank this Week: 2487

Journal of Law, Economics & Policy

Journal of Law, Economics & Policy

From George Mason University School of Law.

http://jlep.net/home/
  • May 25

    JLEP Congratulates Its 2017-2018 Incoming Masthead

    JLEP Congratulates Its 2017-2018 Incoming Masthead
    2017-2018 Editorial Board Editor-in-Chief Bonnie Kelly Executive Editor Steven Horn Managing & Publications Editor Erich Grome Articles Editor Samantha Trussel Notes Editor Brian Silver Research & Articles Selection Editor…
  • Sep 4

    JLEP Welcomes its New Candidate Member

    JLEP Welcomes its New Candidate Member
    The Journal of Law, Economics & Policy would like to announce and welcome its 2015-2016 Candidate Members.  Congratulations! Abby Chestnut Allison Curry Anshika Mehrotra Blake Browning Christian Nee David Showalter…
  • Jun 18

    JLEP Congratulates Its 2015-2016 Incoming Masthead

    JLEP Congratulates Its 2015-2016 Incoming Masthead
    Editor-in-Chief Manmeet Dhindsa Executive Editor Jesse Hong Managing Editor Gwen Ball Senior Articles Editor Samantha Grunberg Senior Notes Editor Geoff Moody Senior Research Editor Liz Dalton Research Editor Matt Devendorf Articles Selection…
Rank this Week: 995

Nexus

Nexus

Chapman's Journal of Law and Public Policy

http://www.lawschoolblog.org/
  • Jan 10

    How to Choose a Law School

    How to Choose a Law School
    How to Choose a Law School So by now you’ve wrapped up your undergrad and passed your LSAT. Now it’s time to find a law school, which in and of itself is a daunting task. Everyone and their mother is still clawing their way to an…
  • Jan 10

    The Supreme Court

    The Supreme Court
    The Supreme Court…
  • Jan 10

    All about Law School

    All about Law School
    Here is where I will be writing all about law school.
Rank this Week: 775

Law & Economics Prof Blog

Law & Economics Prof Blog

Edited by Murat C. Mungan, David Gamage, Eric Rasmusen, Ben Depoorter, Gerrit de Geest, Shi-Ling Hsu, Manuel A. Utset, Jr., Brian Galle and Yuval Feldman.

http://lawprofessors.typepad.com/law_econ/
  • May 17

    Law & Economics Prof Blog Seeks New Editor

    Law & Economics Prof Blog Seeks New Editor
    The Law & Economics Prof Blog is on hiatus while we try to put together a new team of editors. The Law Professor Blogs Network offers law professors the premier blogging platform and the opportunity to share in growing sponsorship...
  • Feb 18

    Comma Heterodoxy

    Comma Heterodoxy
    In my last post I wrote: A. “This is an ingenious, and, after a bit of thought, plausible, justification.” An alternative is: B. “This is an ingenious, and after a bit of thought plausible, justification.” The conventional punctuation…
  • Feb 18

    "To Each According to His Need," Including Opera

    "To Each According to His Need," Including Opera
    Taxprof reports on Miranda Fleischer's latest: Miranda Perry Fleischer (San Diego), How is the Opera Like a Soup Kitchen?, in The Philosophical Foundations of Tax Law (Oxford University Press, 2016): The charitable tax subsidies are, at…
Rank this Week: 3704

Colorado Common Law

Colorado Common Law

Covers state public record law, civil rights, and obscenity. By Joe Thomas.

http://cocommonlaw.com
  • Jan 23

    Moving to a New Website

    Moving to a New Website
    Dear Readers, I am moving to a new website: Intermediate Scrutiny.  The change is necessary because I am longer located in Arizona.  Because of life circumstances, I recently moved to Washington State and became a licensed attorney…
  • Apr 11

    Vaughn Index in Colorado Public Record

    Vaughn Index in Colorado Public Record
    A Vaughn index is a tool used in public records disputes where the person requesting documents, will ask the court to compel the records custodian to list all responsive documents and explain why or why not the documents should be released.…
  • Apr 8

    Banning Homelessness in Colorado

    Banning Homelessness in Colorado
    It appears a sad new trend in Colorado is to create policies or laws, treating homelessness as a criminal condition. A new report, “No Right to Rest: Criminalizing Homelessness in Colorado” which details the efforts cities and…
Rank this Week: 2491

Jurisdynamics

Jurisdynamics

Describes the interplay between legal responses to exogenous change and the law's own endogenous capacity for adaptation. By Louis D. Brandeis Dean Jim Chen.

http://jurisdynamics.blogspot.com/
  • Dec 17

    Fables of the Reconstruction: Human Emotion and Behavioral Heuristics in Environmental Economic

    Fables of the Reconstruction: Human Emotion and Behavioral Heuristics in Environmental Economic
    James Ming Chen, Fables of the Reconstruction: Human Emotion and Behavioral Heuristics in Environmental Economics, available at http://ssrn.com/abstract=2705196 or http://bit.ly/FablesReconstruction: Environmental economics provides an…
  • Nov 3

    Momentary Lapses of Reason: The Psychophysics of Law and Behavior

    Momentary Lapses of Reason: The Psychophysics of Law and Behavior
    James Ming Chen, Momentary Lapses of Reason: The Psychophysics of Law and Behavior, available at http://ssrn.com/abstract=2683557 or http://bit.ly/MomentaryLapses: The conventional capital asset pricing model (CAPM) remains the preferred…
  • Aug 29

    Law on the market

    Law on the market
    Daniel Martin Katz, Michael James Bommarito, Tyler Soellinger & James Ming Chen, Law on the Market? Evaluating the Securities Market Impact of Supreme Court Decisions, available at http://ssrn.com/abstract=2649726 or…
Rank this Week: 1211

Tillers on Evidence and Inference

Tillers on Evidence and Inference

The evidence blog of Professor Peter Tillers of the Benjamin N. Cardozo School of Law at Yeshiva University.

http://tillerstillers.blogspot.com/
  • Aug 28

    Reproducibility of Social Science Experiment

    Reproducibility of Social Science Experiment
    Ian Sample, Study delivers bleak verdict on validity of psychology experiment results The Guardian (August 27, 2015) &&& The dynamic evidence page Evidence marshaling software MarshalPlan
  • Aug 26

    Racial Profiiling & Gangsta Rap as Evidence in Criminal Investigations & Trial

    Racial Profiiling & Gangsta Rap as Evidence in Criminal Investigations & Trial
    Wishful thinking pervades discussions of the evidentiary use of both racial profiling and "gangsta rap" in criminal investigations and trials. Compare, e.g., Holmes v. State,  306 P.3d 415  (2013) (gangsta rap lyrics held…
  • Aug 13

    "As [Peter Tillers] explains, among the…

    "As [Peter Tillers] explains, among the reasons character evidence is excluded is that such evidence 'violates a social commitment to the thesis that each person remains mentally free and autonomous at every point in [his] life.'" Andrew…
Rank this Week: 3015

Lawyers are boring.

Lawyers are boring.

Covers Taxonomy, Open Access, Free Legal Sources, Plain Language, BigData, IT to create new law and new lawyers.

http://lawyersareboring.tumblr.com
Rank this Week: 2324

The Albany Government Law Review…

The Albany Government Law Review Fireplace

The Albany Government Law Review runs this student written and edited law blog engaged in substantive law review-like legal analysis and academic speculation.

http://aglr.wordpress.com/
Rank this Week: 3019

The Becker-Posner Blog

The Becker-Posner Blog

A law and economics blog by University of Chicago Law School Professors Gary Becker and Senior Lecturer Judge Richard Posner

http://uchicagolaw.typepad.com/beckerposner/
  • May 10

    Farewell

    Farewell
    In memoriam: Gary S. Becker, 1930-2014. The Becker-Posner blog is terminated. Richard A. Posner
  • Mar 14

    Sabbatical Notice

    Sabbatical Notice
    Starting this weekend, we will be taking a one-month sabbatical from blogging. We will resume at the end of that period.
  • Mar 3

    The Embargo of Cuba: Time to Go- Becker

    The Embargo of Cuba: Time to Go- Becker
    The US embargo of Cuba began in 1960, a year after Fidel Castro turned this island toward communism. It was extended to food and medicines in 1962, the same year as the showdown with Russia over the installation of missiles there. The embargo…
Rank this Week: 3013

BlawgConomics

BlawgConomics

Explores the intersection of law and economics. By Joshua Sturtevant.

http://blawgconomics.blogspot.com/
  • Nov 5

    The Problem with Libertarianism

    The Problem with Libertarianism
    Libertarianism has created some excitement among the American masses recently in lock-step with the perception that government interference in citizens' lives is on the rise. However, opponents like to point out that libertarianism…
  • Nov 4

    Obamacare Proving My Point Better Than I Ever Could

    Obamacare Proving My Point Better Than I Ever Could
    I have spoken unfavorably about Obamacare many times on this page. While I didn't like the voting process related to it, the forced coverage language or the taxes and the rising costs that would necessarily be associated…
  • Nov 2

    The Price of Liberty...

    The Price of Liberty...
    I had to make a quick stop into the office this morning. Unfortunately, part of the Metro system I would have taken was closed. Fear not dear readers - this was due to weekend track work, not a lesser-reported government…
Rank this Week: 4572

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 51

Respondeat

Respondeat

Covers New York state law specifically, and law and philosophy generally.

http://respondeat.wordpress.com
Rank this Week: 4500

Zeugma

Zeugma

Covers legal education, technology, rhetoric and legal theory. By Lancaster University's Sefton Bloxham, University of Warwick's Patricia McKellar, University of Strathclyde's Karen Barton and Glasgow Graduate School of Law's Paul Maharg.

http://zeugma.typepad.com/zeugma/
  • Jul 18

    Moving on...

    Moving on...
    I'm moving blog host, from Typepad to Wordpress.  I hadn't expected to go, but Typepad's recent newsletters on their company policies are making me edgy and, having been stung, like many academics, by Ning's recent policy changes (Dropbox…
  • May 17

    Ross Priory, 2011

    Ross Priory, 2011
    Spent two days at the invitation of Alan Paterson (Strathclyde) and Richard Susskind discussing legal practice and legal education at Ross Priory, Strathclyde's retreat house on Loch Lomond, which has one of the best views anywhere in…
  • Apr 29

    New book series: Emerging Legal Learning - call for title

    New book series: Emerging Legal Learning - call for title
    Over the past six months or so, amongst much else I've been involved in putting together a couple of book series.
Rank this Week: 1099

The TransAtlantic Assembly

The TransAtlantic Assembly

Blog of American and European Practitioners and Academics on European and American Constitutional Law (with an eye to the European Constitution), International Law, European Law, and Law and Philosophy.

http://transatlanticassembly.blogspot.com/
  • Sep 4

    Italy's tragic future

    Italy's tragic future
    Silvio Berlusconi is a modern dictator. He controls all the most important functions of the state and is THE key player in the private sphere. Modern dictators are characterized by an ability to disguise their authoritarianism through subtle…
  • Sep 2

    No to Barroso

    No to Barroso
    Does anyone out there know who Barroso is? More importantly does anybody know what was his best achievement during his four years as President of the European Commission, the highest institution within the EU? Very few will be able to answer…
  • Jul 25

    Obama's Transatlantic Speech

    Obama's Transatlantic Speech
    Berlin was like a honeymoon between America and Europe. But Obama's honey words, were a little too sweet:
Rank this Week: 1515

Brian Leiter's Legal Philosophy…

Brian Leiter's Legal Philosophy Blog

Covers jurisprudence, legal realism, and legal theory. By Professor Brian R. Leiter and Prof. Daniel Filler

http://leiterlegalphilosophy.typepad.com/leiter/
  • Apr 14

    Green on Legal Realism and Naturalized Jurisprudence

    Green on Legal Realism and Naturalized Jurisprudence
    Via Solum, I learn that my (part-time) colleague Les Green's (long-gestating) paper on "Law and the Causes of Judicial Decision" is finally on SSRN (it will appear in final form in Green's forthcoming collection of papers from OUP).  I have…
  • Mar 28

    Jurisprudence II: Objectivity

    Jurisprudence II: Objectivity
    My tentative Spring Quarter Syllabus (Download Jurisprudence II Syllabus 2009), for those who might be interested.
  • Mar 12

    Which journals publish the highest quality work in philosophy of law?

    Which journals publish the highest quality work in philosophy of law?
    A new poll, which might provide some useful information for younger scholars figuring out where to submit their work.
Rank this Week: 3703

Federalist Society - University of…

Federalist Society - University of Washington Chapter

Covers limited government, freedom, federalism and judicial restraint.

http://uwfedsoc.blogspot.com/
  • Dec 25

    Somebody bless us, or something

    Somebody bless us, or something
    This is an encouraging sign. The freedom to worship whatever God we find most pleasing is perhaps the most fundamental freedom; it signifies freedom of thought. The fact that Iraqis are now free to worship Jesus if the mood strikes them…
  • Dec 15

    Fifth Amendment Victory

    Fifth Amendment Victory
    Saw an interesting post over on The Volokh Conspiracy about a first dip into a murky 5th Amendment issue - can the gov't compel a suspect to enter a computer password? A man was detained at the Vermont-Canada border on suspicion of…
  • Nov 22

    Holiday (Second Amendment) Reading

    Holiday (Second Amendment) Reading
    The Supreme Court's grant of cert. in DC v. Heller reminded me of an entertaining article on the Supreme Court's last Second Amendment ruling in 1939. I recommend Brian Frye, The Peculiar Story of United States vs. Miller, NYU Journal of Law…
Rank this Week: 1489