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Full-Text Articles in Law
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Articles by Maurer Faculty
The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …
The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Gamage, David Kamin
The Games They Will Play: Tax Games, Roadblocks, And Glitches Under The 2017 Tax Legislation, David Gamage, David Kamin
Articles by Maurer Faculty
The 2017 tax legislation brought sweeping changes to the rules for taxing individuals and business, the deductibility of state and local taxes, and the international tax regime. The complex legislation was drafted and passed through a rushed and secretive process intended to limit public comment on one of the most consequential pieces of domestic policy enacted in recent history. This Article is an effort to supply the analysis and deliberation that should have accompanied the bill’s consideration and passage and describes key problem areas in the new legislation. Many of the new changes fundamentally undermine the integrity of the tax …
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Making Sausage: What, Why And How To Teach About Legislative Process In A Legislation Or Leg-Reg Course, Deborah A. Widiss
Articles by Maurer Faculty
Although a rapidly growing number of law schools require students to take a course on legislation, many of these courses teach very little about how laws are actually enacted. This essay, written for a special issue of the Journal of Legal Education, argues that study of the legislative process helps students interpret and apply statutory language.
The essay surveys existing text books and supplemental resources that could be easily integrated into a Leg-Reg or Legislation class to explain modern Congressional procedure. The focus is the multiple distinct paths that bills may take through a legislative body and the written …
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Database Protection In The United States Is Alive And Well: Comments On Davison, Marshall A. Leaffer
Articles by Maurer Faculty
No abstract provided.
The Dynamic Judicial Opinion, William D. Popkin
The Dynamic Judicial Opinion, William D. Popkin
Articles by Maurer Faculty
Eskridge's article on Dynamic Statutory Interpretation advances an aggressively pragmatic theory of interpretation but has had more influence among academics than judges because of a failure to attend to the problems of writing a candid, pragmatic and dynamic judicial opinion. This article argues that, although not free from doubt, a candid judicial opinion is preferable, and discusses how to write such an opinion - suggesting that judges rely on the "intent of the statute," not legislative intent; and adopt a personal/exploratory style in presenting their views.
Patent Abolitionism, Mark D. Janis
Patent Abolitionism, Mark D. Janis
Articles by Maurer Faculty
In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …
Inter Partes Patent Reexamination, Mark D. Janis
Inter Partes Patent Reexamination, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley
Articles by Maurer Faculty
No abstract provided.
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
One Approach To Teaching Legal Drafting, Reed Dickerson
One Approach To Teaching Legal Drafting, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Diseases Of Legislative Language, Reed Dickerson
The Diseases Of Legislative Language, Reed Dickerson
Articles by Maurer Faculty
In this article Professor Dickerson examines some of the most basic problems facing the legislative draftsman in his attempt to obtain clarity in statutes. He discusses the "diseases" of ambiguity, over-vagueness, over-precision, over- and under-generality and obesity, and distinguishes them from useful devices with which they are often confused.
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Difficult Choice Between "And" And "Or", Reed Dickerson
The Difficult Choice Between "And" And "Or", Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legislative Drafting In London And In Washington, Reed Dickerson
Legislative Drafting In London And In Washington, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Legislative Drafting: A Challenge To The Legal Profession, Reed Dickerson
Legislative Drafting: A Challenge To The Legal Profession, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Objectives In The Field Of Legislation, Frank Edward Horack
Objectives In The Field Of Legislation, Frank Edward Horack
Articles by Maurer Faculty
No abstract provided.
Legislative Adaptation Of Scientific Discovery, Frank Edward Horack Jr.
Legislative Adaptation Of Scientific Discovery, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
The Balance Sheet Of Law And Religion, Frank E. Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Book Review. The President's Committee On Administrative Management: Report Of The Committee With Studies Of Administrative Management In The Federal Government, Ralph F. Fuchs
Articles by Maurer Faculty
No abstract provided.
The Common Law Of Legislation, Frank Edward Horack Jr.
The Common Law Of Legislation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Constitutional Limitations On Legislative Procedure In West Virginia, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
In The Name Of Legislative Intention, Frank Edward Horack Jr.
In The Name Of Legislative Intention, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation -- Light From Plowden's Reports, Frank Edward Horack
Statutory Interpretation -- Light From Plowden's Reports, Frank Edward Horack
Articles by Maurer Faculty
No abstract provided.