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Articles 1 - 30 of 107
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The Transaction Cost Problem In International Intellectual Property Exchange And Innovation Markets, Sonia Baldia
The Transaction Cost Problem In International Intellectual Property Exchange And Innovation Markets, Sonia Baldia
Sonia Baldia
In recent years, there has been a dramatic surge in cross-border IP exchange transactions driven by globalization, open innovation, and the escalating strategic value of IP to competitive firms, the positive result of which are significantly developed global IP markets. While critical to these global IP markets, international IP exchange remains highly inefficient because parties face excessive transaction costs relative to transaction value, both in transaction design and negotiation and in transaction enforcement. These transaction costs arise from the territoriality of IP laws and low visibility into individual state IP law regimes that IP exchange transactions may implicate, thus imposing …
Forensic Science(S) In The Courtroom: Symposium, Joseph R. Slights, Jules Epstein, Lisa M. Schwind, Gerard Spadaccini, Anjali A. Ranadive
Forensic Science(S) In The Courtroom: Symposium, Joseph R. Slights, Jules Epstein, Lisa M. Schwind, Gerard Spadaccini, Anjali A. Ranadive
Jules Epstein
No abstract provided.
Reforming Mandated Reporting Laws After Sandusky, Starla J. Williams
Reforming Mandated Reporting Laws After Sandusky, Starla J. Williams
Starla J. Williams
This article explores the intersection of poverty, power, and privilege in the child protection system that contributed to the child sexual abuse scandal at Penn State University. The article first reviews the facts underlying the case of former Penn State football coach Gerald A. Sandusky, who was convicted on forty-five counts of child sexual abuse. It also offers insight into the actions of former University leaders whose nondisclosure and active roles in the cover up of child sexual abuse resulted in disgrace to one of the nation’s premier college athletic programs. Next, the article considers the irony in the failure …
A Values-Based Pedagogy For The Legal Academy In The Post-Racial Era, Starla J. Williams
A Values-Based Pedagogy For The Legal Academy In The Post-Racial Era, Starla J. Williams
Starla J. Williams
This article explores shifting paradigms for teaching law in the post-racial legal academy. It proposes a normative design to teach legal analysis based on values that are consistent with expanded concepts of diversity in the post-racial era. It offers a fresh look at diversity discourse by exposing obsolete race consciousness that impedes authentic diversity dialogue and inclusiveness in legal communities. Consistent with the understanding that diversity entails more than increased visibility for people of color in the legal profession, this work reveals progressive notions of diversity that include reflections on gender, sexual orientation, disability, age, and other attributes on the …
Introduction To The Symposium On Judicial Takings, Benjamin Barros
Introduction To The Symposium On Judicial Takings, Benjamin Barros
Benjamin Barros
No abstract provided.
Easements, Necessity, And The Role Of Legal Change In Judicial Takings Claims, Benjamin Barros
Easements, Necessity, And The Role Of Legal Change In Judicial Takings Claims, Benjamin Barros
Benjamin Barros
No abstract provided.
Should Delaware Execute Its Death Row 'Volunteers'?, Jules Epstein
Should Delaware Execute Its Death Row 'Volunteers'?, Jules Epstein
Jules Epstein
No abstract provided.
The Nondelegation Doctrine And The Federal Income Tax: May Congress Grant The President The Authority To Set The Income Tax Rates?, Andre L. Smith
The Nondelegation Doctrine And The Federal Income Tax: May Congress Grant The President The Authority To Set The Income Tax Rates?, Andre L. Smith
Andre L. Smith
No abstract provided.
Race, Law, And The Free Market: A Critical Law And Economics Conception Of Racism As Asymmetrical Market Failure, Andre L. Smith
Race, Law, And The Free Market: A Critical Law And Economics Conception Of Racism As Asymmetrical Market Failure, Andre L. Smith
Andre L. Smith
No abstract provided.
The Complexities Of Judicial Takings, Benjamin Barros
The Complexities Of Judicial Takings, Benjamin Barros
Benjamin Barros
In last term’s Stop the Beach Renourishment Inc. v. Florida DEP, the Supreme Court for the first time squarely confronted the question of whether a judicial action could ever be considered an unconstitutional taking of private property. The Court unanimously rejected the judicial takings claim, but the justices issued a highly fragmented set of opinions. No justice was able to command a majority on any of the major conceptual issues presented by the judicial takings question. As a result, the Court dramatically raised the profile of judicial takings question, but left all of the major issues open. In this article, …
Serve Those Who Serve Their Country: Represent A Veteran Before The Va, Justin G. Holbrook, Thomas J. Reed
Serve Those Who Serve Their Country: Represent A Veteran Before The Va, Justin G. Holbrook, Thomas J. Reed
Justin G. Holbrook
No abstract provided.
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Starla J. Williams
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
A Legal Conception Of Racism (Group Subordination) As Asymmetrical Market Imperfections, Andre L. Smith
A Legal Conception Of Racism (Group Subordination) As Asymmetrical Market Imperfections, Andre L. Smith
Andre L. Smith
To the extent government justifiably interferes in the marketplace to address market failures, it is also justified in addressing imperfections in the market that are asymmetric with respect to race, gender, sexual orientation, etc. In Bob Jones University v. United States, 461 US 574 (1983), a little known federal income tax case, the Supreme Court declared that federal statutes could not be construed in ways that support racial discrimination. However, a judge, even one who might interpret the Court’s holding expansively, may still lack the confidence to discuss the positive and negative effects a statute might have on racial (in)equality. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Jennifer M. Lear
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society.
The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Ann E. Fruth
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Allshouse V. Pennsylvania, Brief Of The National Association Of Criminal Defense Lawyers, The Pennsylvania Association Of Criminal Defense Lawyers, The Public Defender Association Of Pennsylvania, And The Defender Association Of Philadelphia, As Amici Curiae On Behalf Of Petitioner, Jules Epstein
Jules Epstein
No abstract provided.
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine M. Jones
Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine M. Jones
Katherine M. Jones
The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world’s commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …
Foreword: Why "The Child Witness" Now?, Jules Epstein
Foreword: Why "The Child Witness" Now?, Jules Epstein
Jules Epstein
No abstract provided.
Homestead And Other Legal Protections Of Possession Of A Home, Benjamin Barros
Homestead And Other Legal Protections Of Possession Of A Home, Benjamin Barros
Benjamin Barros
In many legal contexts, homes are given more legal protection than other types of property. This additional protection can be divided into three categories. First, possessory rights in a home might be given more protection than possessory rights in another kind of property. For example, a legal system might make it more difficult for a creditor to force the sale a home to satisfy a debt than it would be for the creditor to force the sale of another type of property (say, a commercial office building) to satisfy that same debt. Second, a legal system might economically favor ownership …
Outlook On India 2010 - Table Of Contents, Sonia Baldia
Outlook On India 2010 - Table Of Contents, Sonia Baldia
Sonia Baldia
No abstract provided.
Electronically Stored Information: A Primer For Litigators, Jules Epstein
Electronically Stored Information: A Primer For Litigators, Jules Epstein
Jules Epstein
No abstract provided.
Property And Freedom, Benjamin Barros
Property And Freedom, Benjamin Barros
Benjamin Barros
Private property is often defended on the basis that it promotes individual freedom. Discussion of this subject has typically taken place in the context of contentious debates over the legitimacy of government interference with private property, especially government regulation of land use and redistributive taxation. Pro-property, anti-interference advocates tend to suggest that there is a strong relationship between property and freedom. Those on the other side of the debate tend to be more skeptical. The political philosopher G.A. Cohen, for example, has asserted that "the familiar idea that private property and freedom are conceptually connected is an ideological illusion."
In …
Toward A Model Law Of Estates And Future Interests, Benjamin Barros
Toward A Model Law Of Estates And Future Interests, Benjamin Barros
Benjamin Barros
The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both …
Navigating Cross Border Legal Risks In Intellectual Property Licensing And Technology Transfer To India, Sonia Baldia
Navigating Cross Border Legal Risks In Intellectual Property Licensing And Technology Transfer To India, Sonia Baldia
Sonia Baldia
No abstract provided.
Legal Questions For The Psychology Of Home, Benjamin Barros
Legal Questions For The Psychology Of Home, Benjamin Barros
Benjamin Barros
Intuitions often play a significant role in shaping debate about legal issues. This is particularly the case when homes and homeownership are involved, because the experience of everyday life gives lawyers and legal scholars a foundation for intuitive judgment. Intuitions, however, can be unreliable and misleading. They therefore provide a shaky basis for legal decisionmaking. This brief essay, published as part of a special issue on Property and Psychology, begins by suggesting that the legal academy should follow the lead of the Experimental Philosophy movement and actively solicit empirical research on human behavior relevant to legal issues. It then describes …
Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed
Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed
Nathaniel C. Nichols
No abstract provided.
The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes
The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes
Robyn L Meadows
No abstract provided.
Group Size, Heterogeneity, And Prosocial Behavior: Designing Legal Structures To Facilitate Cooperation In A Diverse Society, Benjamin Barros
Group Size, Heterogeneity, And Prosocial Behavior: Designing Legal Structures To Facilitate Cooperation In A Diverse Society, Benjamin Barros
Benjamin Barros
Recent social science research has found that in many scenarios, increases in group size and diversity have a negative impact on cooperation and other prosocial behavior. A related study by the political scientist Robert Putnam has created a firestorm of debate within the past year about the negative effects of diversity on the social fabric.
This essay addresses a subset of this larger debate. It looks to recent social science research to explore how and why group size and diversity impact cooperation and other prosocial behaviors. It then considers how to take the results of this research into account in …
Managing And Optimizing Ip Portfolios In A Global Market, Sonia Baldia
Managing And Optimizing Ip Portfolios In A Global Market, Sonia Baldia
Sonia Baldia
No abstract provided.
Outsourcing In A Challenging Economy: The Multisourcing Alternative, Sonia Baldia
Outsourcing In A Challenging Economy: The Multisourcing Alternative, Sonia Baldia
Sonia Baldia
No abstract provided.