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Full-Text Articles in Law

All Things To All People, Part One, Peter J. Aschenbrenner Jan 2105

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


Recent Developments In Finra Securities Arbitrations, Barry R. Temkin, Robert J. Usinger, Christopher Amore Jul 2104

Recent Developments In Finra Securities Arbitrations, Barry R. Temkin, Robert J. Usinger, Christopher Amore

Barry R. Temkin

This article discusses developments in securities arbitration before the Financial Industry Regulatory Authority (FINRA), including proposals under consideration to narrow the definition of public arbitrator and to provide greater access to advisors' past disciplinary history on FINRA Brokercheck.


Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


How Do We Know When Political Societies Change?, Peter J. Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines Jan 2063

Teschner V. Commissioner, 38 T.C. ... No. 101 (1962), Harry A. Haines

Montana Law Review

Teschner v. Commissioner


Are They Pirates Or Pioneers?, Ashley H. Song Ms. Mar 2017

Are They Pirates Or Pioneers?, Ashley H. Song Ms.

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll Jan 2016

Protecting The Watchdog: Using The Freedom Of Information Act To Preference The Press (Draft), Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The fourth estate is undergoing dramatic changes. Many newspaper reporters, already surrounded by a growing number of empty desks, are shifting their focus away from costly investigative reporting and towards amassing Twitter followers and writing the perfect “share line.” Newspapers’ budgets can no longer robustly support accountability journalism and pitching fights against the government. And so, while this busier and noisier media environment may have a desirable democratizing effect—more of us are able to participate in analyzing, debating, and perhaps even making the news—it has not succeeded in filling a role that print journalists have traditionally played well ...


Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li Jan 2016

Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li

Bertrall L Ross

Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.

But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a ...


How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen Jan 2016

How Context Shapes The Authority Of International Courts, Karen J. Alter, Laurence R. Helfer, Mikael Rask Madsen

Faculty Scholarship

This article provides a novel and provocative framework to assess the varied authority of international courts (ICs). We generate practicable metric that assesses de facto IC authority according to a conjunctive standard — the recognition of an obligation to comply with IC rulings, and the engagement in meaningful actions that push toward giving full effect to IC rulings. We then identify five possible types of IC authority — no authority in fact, narrow, intermediate, extensive, and public authority — that correspond to the different audiences for IC rulings. The goal of this metric is to help the contributors to a symposium on ICs ...


Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz Jan 2016

Excessive Corporate Risk-Taking And The Decline Of Personal Blame, Steven L. Schwarcz

Faculty Scholarship

Government agencies and prosecutors are being criticized for seeking so few indictments against individuals in the wake of the 2008-09 financial crisis and its resulting banking failures. This article analyzes why — contrary to a longstanding historical trend — personal liability may be on the decline, and whether agencies and prosecutors should be doing more. The analysis confronts fundamental policy questions concerning changing corporate and social norms. The public and the media perceive the crisis’s harm as a “wrong” caused by excessive risk-taking. But that view can be too simplistic, ignoring the reality that firms must take greater risks to try ...


Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener Jan 2016

Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener

Michael N Widener

Technology, coupled with present economic conditions and the interest of younger Americans in sustainability, is enabling a climate favorable to collaborative consumption. More individuals will be engaged over time in this “sharing economy” because underemployment of the middle class, and a majority of all non- or under-skilled workers, is a chronic condition eluding public sector solution. This new resources “lending” and social networking culture assures ongoing introductions of sharing producers and consumers to each other and into residential neighborhoods. The results will include increased traffic trips, overtaxed curbside parking spaces, additional ambient noise and stress upon electric and other utility ...


Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman Dec 2015

Extract From Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice (2d Ed. Cum. Supp. 2015), Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Richard W. Southgate & Donald W. Glazer, Massachusetts Corporation Law & Practice § 5.5 n.104a, at 5-35 (2d ed. Cum. Supp. 2015) (posted on Westlaw).

[22 December 2014]


Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens) (Extract On Hand), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Dec 2015

Konstantinos G. Margaritis's Accession Of The Eu To The Echr (Forthcoming Circa Dec. 2015) (Unpublished Ph.D. Dissertation, Law School Of National And Kapodistrian University Of Athens) (Extract On Hand), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Konstantinos G. Margaritis's Accession of the EU to the ECHR (forthcoming circa Dec. 2015) (unpublished Ph.D. dissertation, Law School of National and Kapodistrian University of Athens) (on file with author), citing Tillman & Tillman's A Fragment on Shall and May (extract on hand).

[October 2, 2013]


La Imprescriptibilidad De La Accionabilidad De La Pretensión De Ineficacia En Sentido Estricto, Rómulo Morales Dec 2015

La Imprescriptibilidad De La Accionabilidad De La Pretensión De Ineficacia En Sentido Estricto, Rómulo Morales

Rómulo Martín Morales Hervias

La accionabilidad de la pretensión de ineficacia en sentido estricto es declarativa y como tal es imprescriptible, puesto que no existe una norma expresa que lo limite en el tiempo, razón por la cual el ordenamiento jurídico debe proteger al verdadero titular de un derecho concediéndole el poder de pedir judicialmente la declaración de inoponibilidad, sin estar sujeto a interpretaciones extensivas ni restringidas del artículo 2001 del Código Civil, toda vez que la “falta de poder” no puede convalidarse por el solo transcurso de los años.


How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal Nov 2015

How King V. Burwell Creates Tax Problems For Consumers And What The Treasury Can Do About It, Andy Grewal

Andy Grewal

Commentators have expressed concern that a government loss in King v. Burwell, which addresses whether taxpayers can enjoy tax credits for policies purchased on federal health care exchanges, will lead to a "death spiral" during future enrollment seasons.

However, this discussion threatens to mask the potential tax problems facing persons who purchase policies this enrollment season. As this short article explains, purchasers may be faced with a surprising tax bill when they complete their 2015 tax returns. Additionally, the government has argued that it can protect customers from surprise tax bills, but it's authority to do so is far ...


Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk Nov 2015

Federal Clean Air Act Preemption Of Public Nuisance Claims: The Case For Supreme Court Resolution, Richard O. Faulk

Richard Faulk

The current circuit-by-circuit and state-by-state approach to the question of preemption precludes any uniform standards for environmental compliance and enforcement, and also vitiates any reliable basis for capital investment, expanded operations, and workforce stability. Because Congress enacted the CAA to promote those goals—as well as jobs and a healthy economy—delaying review prolongs the uncertainty and intensifies the dilemma facing not only the courts, but also the regulated community.


The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi Oct 2015

The Judge Looked At The Consolidation Of Law And The Rights Of Criminal Policy Approach, Ali Reza Najariyan, Saeed Kharadmandi, Ali Asghar Azami, Kheyri Khazayi

ali reza najariyan

Criminal proceedings and the hostility of certain powers and procedures of the judicial system is particularly influenced by the classical justice system but now the interaction criminology in previous "posteriori" of the criminal's policy Legislative broad "Dlmas Marty" in comparison with the policy of criminal narrow "Feuerbach" in criminal purposes has portrayed legislative. the aim of the answers is "Sociality" participatory " de-Ironically " and consequently the " de prison " the criminal justice system although we have focused in this paper on their Muslim criminal policy, criminal policies of the Western model of a plurality of criminal policy in terms of the ...


A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance Oct 2015

A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance

Michigan Telecommunications and Technology Law Review

When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a ...


Dilution At The Patent And Trademark Office, Jeremy N. Sheff Oct 2015

Dilution At The Patent And Trademark Office, Jeremy N. Sheff

Michigan Telecommunications and Technology Law Review

This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to ...


After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough Oct 2015

After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough

Michigan Telecommunications and Technology Law Review

35 U.S.C. § 101 allows a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Recently, the Supreme Court issued several key decisions affecting the doctrine of patentable subject matter under § 101. Starting with Bilski v. Kappos (2011), and continuing with Mayo Collaborative Services, Inc. v. Prometheus Laboratories (2012), Association for Molecular Pathology v. Myriad Genetics (2013) and, most recently, Alice Corporation Pty. Ltd. v. CLS Bank International (2014), every year has brought another major change to the way in which the Court assesses patentability. In Myriad, the ...


District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji Oct 2015

District Courts Versus The Usitc: Considering Exclusionary Relief For F/Rand-Encumbered Standard-Essential Patents, Helen H. Ji

Michigan Telecommunications and Technology Law Review

Technological standards allow manufacturers and consumers to rely upon these agreed-upon basic systems to facilitate sales and further invention. However, where these standards involved patented technology, the process of standard-setting raises many concerns at the intersection of antitrust and patent law. As patent holders advocate for their patents to become part of technological standards, how should courts police this activity to prevent patent holdup and other anti-competitive practices? This Note explores the differing approaches to remedies employed by the United States International Trade Commission and the United States District Courts where standard-essential patents are infringed. This Note further proposes that ...


Holding Up And Holding Out, Colleen V. Chien Oct 2015

Holding Up And Holding Out, Colleen V. Chien

Michigan Telecommunications and Technology Law Review

Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent ...


Tactical Urbanism V2 : Dynamic Land Use Regulation And, Michael N. Widener Oct 2015

Tactical Urbanism V2 : Dynamic Land Use Regulation And, Michael N. Widener

Michael N Widener

Land use regulation typically is viewed as passive; projects proceed when criteria established under ordinances are satisfied, but are delayed or scuttled when parameters of codes are unmet. Insufficient attention is directed by local governments to the economic ramifications of those events. How ought land use regulators to act when their communities are economically deprived – or their employment opportunities have been compromised? The current employment and productivity perils of inner-ring suburbs, those often-dismissed earliest ‘outskirts’ of metropolitan areas, raise this question: Should expanding economic opportunity for every community citizen dominate conversations among zoning administrations? Too many first suburbs are in ...


Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones Oct 2015

Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones

Brian Christopher Jones

Contemporary societies covet the notion of a written constitution. Yet should Britain choose to draft one, can I offer this important suggestion: please, call it anything but a “Constitution”. This statement is only slightly made in jest; in fact, it is quite serious. Constitutional fetishism, constitutional worship or “constitutional idolatry”, as Michael Klarman refers to it, is nothing to take lightly. While there has been a copious amount of commentary on the prospects and potential form of a UK written constitution, in addition to its history and evolution, the possibility of constitutional fetishism or constitutional idolatry becoming a significant factor ...


Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Sept. 2015), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman Sep 2015

Extract From Brian Hunt, Murdoch's Dictionary Of Irish Law (Dublin, Bloomsbury Professional 6th Ed. Forthcoming Circa Sept. 2015), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman

Seth Barrett Tillman

This is an extract from Brian Hunt, Murdoch's Dictionary of Irish Law (Dublin, Bloomsbury Professional 6th ed. forthcoming circa Sept. 2015), citing Tillman & Tillman's A Fragment on Shall and May.

[11 March 2015]


Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers Jul 2015

Private Value Determinations And The Potential Effect On The Future Of Research And Development, Amy L. Landers

Amy L. Landers

Although the promise of an emerging patent market is thought to provide future benefits to invention, innovation, and the public, this essay examines the possibility that the aggregate influence of this activity could instead destabilize patent values in a manner that mirrors the "bubble" phenomenon that occurred in certain markets in the past. To the extent that this occurs, this would destabilize the patent system and might have negative consequences for the future of investment in research, development and innovation.


The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni Jul 2015

The 100-Plus Year Old Case For A Minimalist Criminal Law (Sketch Of A General Theory Of Substantive Criminal Law), Michele C. Materni

Mike C Materni

Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy; but rather, in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the ...


Campbell At 21/Sony At 31, Jessica Litman Jul 2015

Campbell At 21/Sony At 31, Jessica Litman

Jessica Litman

When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly 40 years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting ...


The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska Jul 2015

The Process Of International Law-Making: The Relationship Between The International Court Of Justice And The International Law Commission, Marija Dordeska

Marija Dordeska

When the International Court of Justice (ICJ) resolves disputes between States, it relies on various draft articles of the International Law Commission (ILC), sometimes declaring them to be customary international law. The ICJ thereby elevates some draft articles into the sphere of customary international law, transforming them into instruments binding for the international community as a whole. However, the ICJ tends to rely on the ILC’s work only when the ILC bases its findings on ICJ or Permanent Court of International Justice’s precedents. As an alternative method of international law-making, the relationship between the ICJ and the ILC ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment Jun 2015

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.