Digital Commons Network^™

Reconstructing Climate Policy: The Paths Ahead, Jonathan B. Wiener, Richard B. Stewart

Faculty Scholarship

No abstract provided.

Sovereign Piracy, Mitu Gulati, Kenneth N. Klee

Faculty Scholarship

No abstract provided.

Terrorism And Human Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyers, Jails, And The Law’S Fake Bargains, Michael E. Tigar

Faculty Scholarship

No abstract provided.

State Accountability For Violations Of Intellectual Property Rights: How To “Fix” Florida Prepaid (And How Not To), Ernest A. Young, Mitchell N. Berman, R. Anthony Reese

Faculty Scholarship

In its Florida Prepaid and College Savings Bank decisions of two terms ago, the Supreme Court raised significant barriers to Congress's ability to subject the states to damages liability in federal intellectual property suits. These decisions provoked extensive academic commentary and have also sparked efforts in Congress and at the U.S. Patent and Trademark Office to amend the federal intellectual property laws to ensure that state governments will remain accountable for violations of federal rights. This article explores how such legislation might best be shaped in order to withstand constitutional challenge.

Satisfactory treatment of the issue requires examination of a …

Two Cheers For Process Federalism, Ernest A. Young

Faculty Scholarship

No abstract provided.

Fostering Cumulative Innovation In The Biopharmaceutical Industry: The Role Of Patents And Antitrust, Arti K. Rai

Faculty Scholarship

This Article addresses the question of how the tools of patent and antitrust law can best be used to foster the cumulative process that is bio-pharmaceutical innovation. This issue is of particular moment because we have begun in recent years to see a substantial amount of vertical and horizontal integration in the biopharmaceutical industry. The Article argues that although horizontal concentration may be useful for appropriating the value of a lengthy and expensive research and development process, a role for competition needs to be preserved. In the context of the biopharmaceutical industry, broad patents, particularly on upstream invention, represent the …

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Happy Charade: An Empirical Examination Of The Third Year Of Law School, Mitu Gulati, Richard Sander, Robert Sockloskie

Faculty Scholarship

No abstract provided.

Lessons From North Carolina’S Redistricting Litigation, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Settlement Of Mass Torts In A Federal System, Francis Mcgovern

Faculty Scholarship

Engle v. R.J. Reynolds Tobacco Co. raises the questions of whether and how elastic mass torts can be settled in our federal system. In particular, there is a procedural and practical dilemma: state courts provide relative ease of class action certification, but with the power to provide closure. A wide variety of options for the parties are considered in light of the Amchem and Ortiz decisions with the conclusion that the demand for finality will drive "bottom-up" reform and lead to more flexibility in resolving those types of mass torts.

Regulating Automobile Pollution: An Environmental Success Story For Democracy?, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

The Bronx “Bronx Jury”: A Profile Of Civil Jury Awards In New York Counties, Neil Vidmar, Mary R. Rose

Faculty Scholarship

No abstract provided.

Jury Room Ruminations On Forbidden Topics, Neil Vidmar, Shari S. Diamond

Faculty Scholarship

No abstract provided.

Protecting Natural Capital Through Ecosystem Service Districts, James Salzman, Geoffrey Heal, Gretchen C. Daily, Paul R. Ehrlich, Carol Boggs, Jessica Hellmann, Jennifer Hughes, Claire Kremen, Taylor Ricketts

Faculty Scholarship

No abstract provided.

Groundwater Ecosystems And The Service Of Water Purification, James Salzman, Janet S. Herman, David C. Culver

Faculty Scholarship

No abstract provided.

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

An Independant Analysis Of The Los Angeles Police Department’S Board Of Inquiry Report On The Rampart Scandal, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Against Sovereign Immunity, Erwin Chemerinsky

Faculty Scholarship

In recent years, the Supreme Court has substantially expanded the scope of state sovereign immunity. These decisions provide an important occasion for a reconsideration of the entire doctrine of sovereign immunity. This article argues that sovereign immunity is an anachronistic concept, derived from long discredited royal prerogatives, and that it is inconsistent with basic principles of the American legal system. Sovereign immunity is justified neither by history nor, more importantly, by functional considerations. Sovereign immunity is inconsistent with fundamental constitutional requirements such as the supremacy of the Constitution and due process of law. This article concludes that sovereign immunity, for …

Further Thoughts, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell

Faculty Scholarship

'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …

Humiliation At Work, Catherine Fisk

Faculty Scholarship

No abstract provided.

The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, And Access In The Post-Genomics Era, Arti K. Rai

Faculty Scholarship

No abstract provided.

State Sovereign Immunity And Stare Decisis: Solving The Prisoners’ Dilemma Within The Court, Neil S. Siegel

Faculty Scholarship

This Comment argues that the liberal and conservative blocs on the U.S. Supreme Court are embroiled in a Prisoners' Dilemma with respect to whether they should follow precedent on the question of congressional abrogation of state sovereign immunity. The analytical consequence of this strategic situation within the Court is that, over the long run, all of the Justices would more fully realize their views of the merits of Eleventh Amendment cases by demonstrating more--not less--respect for the independent value of stare decisis. This Comment uses game theory to substantiate this claim, after which it offers a potential, contingent solution to …

Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel

Faculty Scholarship

No abstract provided.

Something Borrowed For Something Blue: Legal Transplants And The Evolution Of Global Environmental Law, Jonathan B. Wiener

Faculty Scholarship

This Article addresses the evolution of legal rules to govern the global environment. It traces the "borrowing" of legal ideas from national law into international law, in particular the borrowing of emissions trading and the comprehensive approach into the Rio and Kyoto climate change treaties. The Article argues that such "vertical legal borrowing" is related to, yet importantly different from, the pervasive "horizontal legal borrowing" across national legal systems that has been much studied by comparative law scholars. The Article develops both positive and normative assessments of vertical legal borrowing, arguing that it is often suppressed but increasingly essential to …

Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley

Faculty Scholarship

Reviewing, Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000).

International Dispute Settlement At The Trademark-Domain Name Interface, Laurence R. Helfer

Faculty Scholarship

This essay identifies some of the emerging legal issues relating to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), a new anational online dispute settlement system established by a private, non-profit corporation, the Internet Corporation for Assigned Names and Numbers in late 1999.

The UDRP creates a fast and inexpensive mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. The UDRP is worthy of serious study for at least two reasons. First and foremost, the process by which the UDRP was created, …