Digital Commons Network^™

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.

The Fifth Black Woman, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.

Interactions At Work: Remembering David Charny, Mitu Gulati, Devon W. Carbado

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.

Justice O’Connor And Federalism, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Protecting The Spending Power, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Supreme Court Update, Erwin Chemerinsky

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 …

The Court Should Have Remained Silent: Why The Court Erred In Deciding Dickerson V. United States, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Getting Beyond Formalism In Constitutional Law: Constitutional Theory Matters, 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 …

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.

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).

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 …

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

The Electoral College, The Right To Vote, And Our Federalism: A Comment On A Lasting Institution, Luis Fuentes-Rohwer, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).

Foreword: The Regulation Of Derivatives And Other Complex Financial Products, Kimberly D. Krawiec

Faculty Scholarship

Foreword to a symposium issue on the regulation of derivatives and other complex financial products.

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Policy Design For International Greenhouse Gas Control, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

What Law Students Think They Know About Elite Law Firms: Preliminary Results Of A Survey Of Third Year Law Students, Mitu Gulati, David B. Wilkins

Faculty Scholarship

No abstract provided.

Privatizing “Outsider Trading”, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

Health Care Fraud And Abuse: A Tale Of Behavior Induced By Payment Structure, Arti K. Rai

Faculty Scholarship

The campaign to curtail "fraud and abuse" in the Medicare and Medicaid programs represents an attempt by regulators to evade more fundamental and difficult questions regarding cost and quality control. In the Medicare arena, tackling these larger questions will require dismantling the program's fee-for-service structure and imposing on providers financial incentives to evaluate carefully health care costs and benefits. Commentary on, David A. Hyman, Health Care Fraud and Abuse: Market Change, Social Norms and the Trust "Reposed in Workmen," 30 Journal of Legal Studies 531 (2001)

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

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 …

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.

Cowboy Prosecutors And Subpoenas For Incriminating Evidence: The Consequences And Correction Of Excess, Robert P. Mosteller

Faculty Scholarship

No abstract provided.