Digital Commons Network^™

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.

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy, Laurence R. Helfer, Graeme B. Dinwoodie

Faculty Scholarship

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online 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. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by …

Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Hormesis And The Radical Moderation Of Law, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

Incorporating Labor, Mitu Gulati

Faculty Scholarship

No abstract provided.

The Federalism Revolution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Redistricting In North Carolina—A Personal Perspective, Robinson O. Everett

Faculty Scholarship

In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially-defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my original premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. I …

Fairness, Efficiency And Insider Trading: Deconstructing The Coin Of The Realm In The Information Age, Kimberly D. Krawiec

Faculty Scholarship

Whether and how the federal securities laws should restrict insider trading is one of the most hotly debated topics in the securities law literature. Paradoxically, both the theoretical analysis and the legal rules concerning insider trading remain extraordinarily vague and ill-formed. What is the special character of insider trading that leads to this apparently irresolvable puzzle? In this Article, I argue that there is, in fact, nothing special about insider trading that creates this dilemma, but rather there is something special about the nature of information itself. Accordingly, this theoretical dilemma is not limited to insider trading regulation, but rather …

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

Faculty Scholarship

No abstract provided.

Bush V. Gore Was Not Justiciable, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

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.

Seattle’S Legal Legacy And Environmental Reviews Of Trade Agreements, James Salzman

Faculty Scholarship

No abstract provided.

Terrorism And Human Rights, Michael E. Tigar

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.

The Expressive Interest Of Associations, Erwin Chemerinsky, Catherine Fisk

Faculty Scholarship

Professors Erwin Chemerinsky and Catherine Fisk take an issue on several grounds with Boy Scouts v. Dale, in which the Supreme Court held that the Boy Scouts have a first Amendment right to exclude gays, even though state law prohibits such discrimination. They first criticize Dale's holding that courts must accept the group leadership's characterization of the group's expressive message. The Court's approach short-circuited the process by which an organization ordinarily develops or transforms its expressive message--internal deliberation, public articulation of a message, and recruitment of like-minded members-- and it did so at the expense of many current and former …

Universal Jurisdiction In A Divided World: Conference Remarks, Madeline Morris

Faculty Scholarship

No abstract provided.

Protecting Ecosystem Services: Science, Economics And Law, James Salzman, Barton H. Thompson, Gretchen C. Daily

Faculty Scholarship

No abstract provided.

The Multistate Settlement Agreement And The Problem Of Social Regulation Beyond The Power Of State Government, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

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, …

European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Special Operations Forces After Kosovo, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Role Of Public International Law In The Wto: How Far Can We Go?, Joost H. B. Pauwelyn

Faculty Scholarship

No abstract provided.

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Remedying Racial Profiling, Brandon L. Garrett

Faculty Scholarship

No abstract provided.