Digital Commons Network^™

The Minimal Role Of Federalism And State Law In Arbitration, Edward Brunet

Nevada Law Journal

No abstract provided.

Fundamental Reform In Public Safety Communications Policy, Jon M. Peha

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

The communications systems used by first responders in the U.S. are inadequate, primarily because of outdated and ineffective public policy. Fundamental reform is needed, and the upcoming digital TV transition provides an outstanding opportunity. This Article describes options available to policymakers, if they act soon.

Sending Out An S.O.S.: Public Safety Communications Interoperability As A Collective Action Problem, Jerry Brito

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

Lack of public safety communications interoperability is the result of what economist Mancur Olson called a collective action problem. In this case, the collective action problem that first responders face is caused by the federal policy of allocating and assigning public safety spectrum in a way that segregates first responders to their own bands and ultimately Balkanizes their radio systems. This Article shows that market forces can be employed to solve collective action problems, and it surveys several successful commercial interoperable …

Solving The Interoperability Problem: Are We On The Same Channel? An Essay On The Problems And Prospects For Public Safety Radio, Gerald R. Faulhaber

Federal Communications Law Journal

Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.

A number of disasters over the last two decades have demonstrated the dire consequences that occur when first responders are unable to communicate due to interoperability of their communications equipment. Each such disaster is followed by a strong reaction from the Federal government, promising immediate action, often with plans to deploy the latest technology. In fact, nothing has ever actually happened at the Federal level to solve first responders' interoperability problem. As I show using a case study from Delaware, states …

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.

The Retrogressive Flaw Of Chapter 15 Of The Bankruptcy Code: A Lesson From Maritime Law, John J. Chung

Duke Journal of Comparative & International Law

No abstract provided.

This Land Is Whose Land? The Feasibility Of Extraterritorial Jurisdiction In West Virginia's Land Use Planning Laws, Lori Schwartzmiller

West Virginia Law Review

No abstract provided.

A Default Rule Of Omnipotence: Implied Jurisdiction And Exaggerated Remedies In Equity For Federal Agencies, George P. Roach

Fordham Journal of Corporate & Financial Law

No abstract provided.

2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv

American University Law Review

In 2006, the Federal Circuit issued over two hundred and fifty precedential opinions and orders. This article discusses sixteen precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and key points for practitioners to glean from each case. This article also includes a discussion of the Federal Circuit’s September 2006 opinion regarding the TRICARE Pharmacy Benefits Program (“TPBP”) refund program, a case that the pharmaceutical industry watched closely. The decisions have been grouped into the following categories: jurisdiction, contract interpretation, costs, contract termination, bid protests, and patent rights.

Reexamining The Yahoo! Litigations:Toward An Effects Test For Determining International Cyberspace Jurisdiction, Matthew Chivvis

University of San Francisco Law Review

This Comment argues the courts should employ an effects test when deciding international civil disputes involving solely cyberspace harms.

The Republic Of Adaria V. The Republic Of Bobbia, Kingdom Of Cazalia, Commonwealth Of Dingoth, State Of Ephraim, And Kingdom Of Finbar, Luke Mclaurin, Rachel Olander, Marquerite Roy, Ashley Walker, Liang Wei Wong

ILSA Journal of International & Comparative Law

The Republic of Adaria, the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim, and the Kingdom of Finbar submit the present dispute to this Court by Special Agreement, dated September 1,2006, pursuant to article 40(1) of the Court's Statute.

International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa

Marquette Intellectual Property Law Review

This article outlines the challenges of international copyright litigation and considers rights and remedies available under TRIPs and the laws of various national copyright statutes. To keep pace with new technology, the author proposes a mechanism for the enforcement of existing rights around the world, while counter the prevailing problems of the ease of infringement and expense of enforcement.

Virtual Worlds - Real Courts, Kevin W. Saunders

Villanova Law Review

No abstract provided.

Zaranska V. U.S. Department Of Homeland Security, Bethany L. Ow

NYLS Law Review

No abstract provided.

Eagle Environmental Ii, L.P. V. Commonwealth: The Harms/Benefits Test And Appealing The Environmental Hearing Board - Who Decides The Standard Of Review, Meghan Flavin

Villanova Environmental Law Journal

No abstract provided.

The Adjudication Of Genocide: Gacaca And The Road To Reconciliation In Rwanda, Maya Sosnov

Denver Journal of International Law & Policy

No abstract provided.

At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith

Animal Law Review

Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …

Thoughts On Professor Crump's Comparison Of Traditional American Homicide Law And The Model Penal Code, Neil P. Cohen

West Virginia Law Review

No abstract provided.

"Murder, Pennsylvania Style": Comparing Traditional American Homicide Law To The Statutes Of Model Penal Code Jurisdictions, David Crump

West Virginia Law Review

No abstract provided.

Critiquing Crump: The Strengths And Weaknesses Of Professor Crump's Model Laws Of Homicide, Arnold H. Loewy

West Virginia Law Review

No abstract provided.