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Articles 1 - 30 of 160
Full-Text Articles in Entire DC Network
Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold
Ebay At Six Months: Four-Factor Confusion, Jim Sherwood
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
iBlawg
No abstract provided.
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
iBlawg
No abstract provided.
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
iBlawg
No abstract provided.
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
iBlawg
No abstract provided.
Eliding In New York, Monte Neil Stewart
Eliding In New York, Monte Neil Stewart
Duke Journal of Constitutional Law & Public Policy Sidebar
In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one in the …
The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit
Alaska Law Review Year in Review
No abstract provided.
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Duke Journal of Constitutional Law & Public Policy Sidebar
In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.
A Writer Speaks Truth, Jay Dratler Jr.
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
iBlawg
No abstract provided.
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Duke Journal of Constitutional Law & Public Policy Sidebar
Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Duke Journal of Constitutional Law & Public Policy Sidebar
When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be narrow.
Mayle V. Felix, Aleksandra Kopec
Mayle V. Felix, Aleksandra Kopec
Duke Journal of Constitutional Law & Public Policy Sidebar
Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."
Justin Hughes's Predictions For 2006: Part Two, Justin Hughes
Justin Hughes's Predictions For 2006: Part Two, Justin Hughes
iBlawg
No abstract provided.
The Google Library Project: When East Doesn't Meet West, Richard Epstein
The Google Library Project: When East Doesn't Meet West, Richard Epstein
iBlawg
No abstract provided.
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
iBlawg
No abstract provided.
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
iBlawg
No abstract provided.
Welcome To The Iblawg, Dltr Editorial Staff
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Trial By Jury Involving Persons Accused Of Terrorism Or Supporting Terrorism, Neil Vidmar
Faculty Scholarship
This chapter explores issues in jury trials involving persons accused of committing acts of international terrorism or financially or otherwise supporting those who do or may commit such acts. The jury is a unique institution that draws upon laypersons to decide whether a person charged with a crime is guilty or innocent. Although the jury is instructed and guided by a trial judge and procedural rules shape what the jury is allowed to hear, ultimately the laypersons deliberate alone and render their verdict. A basic principle of the jury system is that at the start of trial the jurors should …
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Inequality And Uncertainty: Theory And Legal Applications, Matthew D. Adler, Chris William Sanchirico
Faculty Scholarship
"Welfarism" is the principle that social policy should be based solely on individual well-being, with no reference to 'fairness" or "rights." The propriety of this approach has recently been the subject of extensive debate within legal scholarship. Rather than contributing (directly) to this debate, we identify and analyze a problem within welfarism that has received far too little attentioncall this the "ex ante/ex post" problem. The problem arises from the combination of uncertainty-an inevitable feature of real policy choice-and a social preference for equality. If the policymaker is not a utilitarian, but rather has a "social welfare function" that is …
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Behavioural Genetics In Criminal Cases: Past, Present And Future, Nita A. Farahany, William Bernet
Faculty Scholarship
Researchers studying human behavioral genetics have made significant scientific progress in enhancing our understanding of the relative contributions of genetics and the environment in observed variations in human behavior. Quickly outpacing the advances in the science are its applications in the criminal justice system. Already, human behavioral genetics research has been introduced in the U.S. criminal justice system, and its use will only become more prevalent. This essay discusses the recent historical use of behavioral genetics in criminal cases, recent advances in two gene variants of particular interest in the criminal law, MAOA and SLC6A4, the recent expert testimony on …
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
Faculty Scholarship
This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.
An Excuse-Centered Approach To Transitional Justice, David Gray
An Excuse-Centered Approach To Transitional Justice, David Gray
Faculty Scholarship
"Transitional justice" asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those "most responsible," amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …
Thirst: A Short History Of Drinking Water, James Salzman
Thirst: A Short History Of Drinking Water, James Salzman
Faculty Scholarship
From earliest times, human societies have faced the challenge of supplying adequate quality and quantities of drinking water. Whether limited by arid environments or urbanization, provision of clean drinking water is a prerequisite of any enduring society, but it is a daunting task for drinking water is a multi-faceted resource. Drinking water is most obviously a physical resource, one of the few truly essential requirements for life. Drinking water is also a cultural resource, of religious significance in many societies. A social resource, access to water reveals much about membership in society. A political resource, the provision of water to …
American Law (United States), Ralf Michaels
A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener
A Pattern Of Parity And Particularity, In Who’S Ahead In Environmental Protection: The United States Or The European Union?, Jonathan B. Wiener
Faculty Scholarship
A debate on the issue of who is ahead in environmental policy with contributions by Michael S. Caplan, Robert Donkers, Meaghan Purvis, Ernie Rosenberg and Jonathan B. Wiener