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Full-Text Articles in Law

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson Oct 2012

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Alison Kehner, Mary Ann Robinson

Faculty Scholarship at Penn Law

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.


Are We There Yet?: On A Path To Closing America's Long-Run Deficit, David Kamin Oct 2012

Are We There Yet?: On A Path To Closing America's Long-Run Deficit, David Kamin

New York University Law and Economics Working Papers

Many decry the fact that policymakers are nowhere close to addressing the long-term fiscal shortfall and as evidence they point to the Congressional Budget Office’s projection of enormous long-term deficits under current policy. This report contends that the minimum deficit reduction incorporated in leading progressive and conservative budgets can put us on a path toward closing the long-term deficit. A significant gap would remain even if consensus were fully realized. However, this report describes a plausible path for further cutting the long-term deficit, as well as important revenue and spending backstops. Finally, it explains that while the country can ...


Exchange Efficiency With Weak Property Rights, Oren Bar-Gill, Nicola Persico Oct 2012

Exchange Efficiency With Weak Property Rights, Oren Bar-Gill, Nicola Persico

New York University Law and Economics Working Papers

We show that the first welfare theorem obtains independently of the strength of property rights protection. In an exchange setting, a large class of legal rules (what we call generalized liability rules) are exchange-efficient. Included in this class are property rules (generalized liability rules with very large damages Ds), standard liability rules (generalized liability rules with Ds that track the owner's valuation), and even rules which afford possessory interests only very weak protection (generalized liability rules with very small Ds). This result corrects a previous misconception in the literature, and yields the provocative conclusion that strong property rights are ...


Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas Oct 2012

Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas

Faculty Publications

No abstract provided.


Smile For The Camera - The Long Lost Photos Of The Supreme Court At Work—And What They Reveal., Sonja R. West Oct 2012

Smile For The Camera - The Long Lost Photos Of The Supreme Court At Work—And What They Reveal., Sonja R. West

Popular Media

In a day when even our cellphones can capture images unobtrusively, why were we forced to stare at pixels on our computer screens or at a static televised image of the Supreme Court’s exterior? In 2012, why is there a wall of separation between the American people and their high court?

For decades, the debate over cameras in the court has gone something like this: the press pleads for permission and the court says no; academics make policy arguments that the court ignores; and Congress threatens to force cameras into the court, but the justices don’t blink. The ...


Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru Oct 2012

Limits Of The Federal Wiretap Act's Ability To Protect Against Wi-Fi Sniffing, Mani Potnuru

Michigan Law Review

Adoption of Wi-Fi wireless technology continues to see explosive growth. However many users still operate their home Wi-Fi networks in unsecured mode or use publicly available unsecured Wi-Fi networks, thus exposing their communications to the dangers of "packet sniffing," a technique used for eavesdropping on a network. Some have argued that communications over unsecured Wi-Fi networks are "readily accessible to the general public" and that such communications are therefore excluded from the broad protections of the Federal Wiretap Act against intentional interception of electronic communications. This Note examines the Federal Wiretap Act and argues that the current Act's treatment ...


States' Rights Apogee, 1760-1840, Ryan Setliff Oct 2012

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky ...


Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay Oct 2012

Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay

Research Collection School Of Law

The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to ‘harm’ converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even ‘legally’ argued, to better ensure domestic ...


Foreword: Academic Influence On The Court, Neal K. Katyal Oct 2012

Foreword: Academic Influence On The Court, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

The months leading up to the Supreme Court’s blockbuster decision on the Affordable Care Act (ACA) were characterized by a prodigious amount of media coverage that purported to analyze how the legal challenge to Obamacare went mainstream. The nation’s major newspapers each had a prominent story describing how conservative academics, led by Professor Randy Barnett, had a long-term strategy to make the case appear credible. In the first weeks after the ACA’s passage, the storyline went, the lawsuit’s prospects of success were thought to be virtually nil. Professor (and former Solicitor General) Charles Fried stated that ...


Developing A Teacher Training Program For New Clinical Teachers, Wallace J. Mlyniec Oct 2012

Developing A Teacher Training Program For New Clinical Teachers, Wallace J. Mlyniec

Georgetown Law Faculty Publications and Other Works

Where to Begin? Training New Teachers in the Art of Clinical Pedagogy, an article published in the Spring, 2012, issue of the Clinical Law Review, gave a full description of Georgetown’s course in clinical pedagogy. That article set forth some of the critical questions new teachers must ask and answer by describing the goals, content, and execution of the course.

This article describes hows, whens, and whys of the program, focusing on how our faculty, over a period of many years, created and revised the curriculum for the Pedagogy course. It also describes the choices we made as we ...


Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth Oct 2012

Indicators For Improving Educational, Employment, And Economic Outcomes For Youth And Young Adults With Intellectual And Developmental Disabilities: A National Report On Existing Data Sources, Jennifer Sullivan Sulewski, Agnieszka Zalewska, John Butterworth

All Institute for Community Inclusion Publications

The following report summarizes available national data on educational, employment and economic outcomes for youth and young adults with intellectual disabilities (ID) over the years 2000-2010. These data can be used to benchmark progress in improving these outcomes for young adult population across the country and within individual states. Data is reported separately for two age groups of young adults (16-21 and 22-30) in order to capture possible differences between youth likely to still be receiving school services (through age 21) and those who have moved on from the education system.


Moral Advice And Professional Obligation: A Case Study, Stephen Mcg. Bundy Oct 2012

Moral Advice And Professional Obligation: A Case Study, Stephen Mcg. Bundy

Faculty Scholarship

My young client, Steven, has told me that he committed a homicide. Another man has been wrongly convicted of the crime and faces a sentence of up to 30 years. "What should I do?" Steven asks. "What would you say?" asks the hypothetical. "Would you give moral advice?"

As Steven's lawyer I would feel bound, as a matter of professional obligation, to provide some forms of moral advice to Steven. Under my conception of my professional obligations, however, I would be reluctant to tell Steven, what, in my personal view, is the morally correct course of action for him ...


The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall Ross Oct 2012

The Representative Equality Principle: Disaggregating The Equal Protection Intent Standard, Bertrall Ross

Faculty Scholarship

Challenges under the Equal Protection Clause require proof of intentional discrimination. Though rarely questioned by legal scholars or the courts, that conventional account cannot explain the success of equal protection challenges to electoral structures that dilute the vote of racial minorities. In the Supreme Court's most recent decisions on vote dilution, the Court has invalidated local electoral structures under the Equal Protection Clause to the extent that they deprive African Americans of the opportunity for effective representation in the political process. The Court has reached its decisions despite the absence of any proof of intentional discrimination in the adoption ...


Priority And Novelty Under The Aia, Robert P. Merges Oct 2012

Priority And Novelty Under The Aia, Robert P. Merges

Faculty Scholarship

The article presents information on the patent system of the U.S. and the transformation in the basic rules due to the enactment of Leahy-Smith America Invents Act. The issues related to critical date for filing patent application, the prior art and the priority contests are discussed. The novelty provisions, statutory issues related to disclosure and creation of grace period and continuity in patent system are also discussed.


The Doctrinal Paradox & International Law, Adam Chilton, Dustin Tingley Oct 2012

The Doctrinal Paradox & International Law, Adam Chilton, Dustin Tingley

University of Pennsylvania Journal of International Law

No abstract provided.


Transaction Account Fees: Do The Poor Really Pay More Than The Rich?, Julie Andersen Hill Oct 2012

Transaction Account Fees: Do The Poor Really Pay More Than The Rich?, Julie Andersen Hill

University of Pennsylvania Journal of Business Law

No abstract provided.


Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber Oct 2012

Introduction: Legal Scholarship, The Disaster Cycle, And The Fukushima Accident, Daniel A. Farber

Faculty Scholarship

There is no gainsaying the importance of the subject of this Symposium. Year after year, disasters exact a toll on our society. This Symposium marks significant advances in our understanding of the legal system's role in managing disaster risks.


Side Letters, Incorporation By Reference And Construction Of Contractual Relationships Memorialized In Multiple Writings, Royce De R. Barondes Oct 2012

Side Letters, Incorporation By Reference And Construction Of Contractual Relationships Memorialized In Multiple Writings, Royce De R. Barondes

Faculty Publications

This article will examine the legal principles applicable to contractual relationships memorialized in multiple writings.


El “Amanecer Verde”: La Legalización De La Marihuana En Uruguay En El Contexto Del Movimiento Regional Contra La Prohibición, Brian Pettitt-Schieber Oct 2012

El “Amanecer Verde”: La Legalización De La Marihuana En Uruguay En El Contexto Del Movimiento Regional Contra La Prohibición, Brian Pettitt-Schieber

Independent Study Project (ISP) Collection

As the evidence mounts demonstrating the failure of the decades-old War on Drugs to stop the consumption and trafficking of drugs, Latin American leaders at the highest level of the political world have recently started speaking out against the policy of criminalization of drug use. Following the example of Holland and the successes of decriminalization for personal consumption, Uruguayan head of state José Mujica has taken the boldest step in the region in his proposal to legalize marijuana for production and sale by the State in regulated amounts. While his announcement in June 2012 grabbed the most attention worldwide, receiving ...


A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda Oct 2012

A Necessary Effort: The Construction Of A Binational Immigration Policy For Nicaraguan Immigrants In Costa Rica, Irma Castañeda

Independent Study Project (ISP) Collection

Although the experiences of Nicaraguan immigrants to Costa Rica have been well-studied, the investigation of this topic through the lens of the construction of public policies is missing. Through the testimonies of Nicaraguans that emigrated or still live and work in Costa Rica, I learned that immigrants, especially those that are undocumented, are vulnerable to the violation of their rights, for example, through the lack of access to public services or mistreatment by their bosses. Because of these violations, it is necessary to examine the topic of the immigration policies of both countries because they influence the treatment and integration ...


Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen Oct 2012

Incompetent Drafting And Complex Laws: Automatically Waiving Set-Aside Of Foreign Arbitration Awards In The United States, Tiina E. Vaisanen

Cornell International Law Journal

No abstract provided.


Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen Oct 2012

Too Big To Fail - Towards A Sovereign Bankruptcy Regime, Davy V. H. Nguyen

Cornell International Law Journal

No abstract provided.


Is Complementarity The Right Approach For The International Criminal Court’S Crime Of Aggression - Considering The Problem Of Overzealous National Court Prosecutions, Jennifer Trahan Oct 2012

Is Complementarity The Right Approach For The International Criminal Court’S Crime Of Aggression - Considering The Problem Of Overzealous National Court Prosecutions, Jennifer Trahan

Cornell International Law Journal

At the first Review Conference on the Rome Statute of the International Criminal Court (ICC), the Assembly of States Parties to the ICC adopted an amendment defining the crime of aggression and conditions for the ICC's exercise of jurisdiction over the crime. Because the definition will be incorporated into the existing framework of the Rome Statute, the crime will be subject to the "complementarity" provision contained therein. That provision specifies that a case is "inadmissible" before the ICC if there are national investigations and/or prosecutions, unless the state demonstrates an unwillingness or inability to investigate or prosecute the ...


Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno Oct 2012

Pimps, Johns, And Juvenile Prostitutes: Is New York Doing Enough To Combat The Commercial Sexual Exploitation Of Children, Marihug Cedeno

Cornell Journal of Law and Public Policy

No abstract provided.


Bad Juror Lists And The Prosecutor’S Duty To Disclose, Ira P. Robbins Oct 2012

Bad Juror Lists And The Prosecutor’S Duty To Disclose, Ira P. Robbins

Cornell Journal of Law and Public Policy

No abstract provided.


Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman Oct 2012

Promises, Policies, And Principles: The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Cornell Journal of Law and Public Policy

No abstract provided.


Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea Oct 2012

Balancing And The Unauthorized Disclosure Of National Security Information: A Response To Mark Fenster's Disclosure Effects: Wikileaks And Transparency, Mary-Rose Papandrea

Boston College Law School Faculty Papers

In his recent article, Disclosure’s Effects: WikiLeaks and Transparency, Mark Fenster argues that WikiLeaks demonstrates the “impossibility” of balancing the public benefits of national-security-information disclosure with the effects of the disclosure on the nation’s national security and foreign policy interests. This article is a continuation of Professor Fenster’s previous work examining the costs and benefits of transparency. In his prior work, he fleshes out the criticisms of the current transparency regime that appear somewhat fleetingly here: namely, that we should question the assumption that transparency promotes an informed and engaged electorate as well as better, more responsive ...


From Exxon To Bp: Has Some Number Become Better Than No Number?, Catherine L. Kling, Daniel J. Phaneuf, Jinhua Zhao Oct 2012

From Exxon To Bp: Has Some Number Become Better Than No Number?, Catherine L. Kling, Daniel J. Phaneuf, Jinhua Zhao

Economics Publications

On March 23, 1989, the Exxon Valdez ran aground in Alaska's Prince William Sound and released over 250,000 barrels of crude oil, resulting in 1300 miles of oiled shoreline. The Exxon spill ignited a debate about the appropriate compensation for damages suffered, and among economists, a debate concerning the adequacy of methods to value public goods, particularly when the good in question has limited direct use, such as the pristine natural environment of the spill region. The efficacy of stated preference methods generally, and contingent valuation in particular, is no mere academic debate. Billions of dollars are at ...


Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton Oct 2012

Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton

Scholarly Works

Without question, O.C.G.A. 51-12-13 as construed in McReynolds and Couch ushers in a new era in Georgia tort law. It topples the old regime in which multiple tortfeasors were held jointly liable when their combined acts of negligence injured an innocent plaintiff. The new regime is one of apportionment and liability limited to one's personal share of fault. Fault may be apportioned when it previously could not. It may be apportioned to those who are immune, to those who are unknown, and even to those who intentionally injure an innocent plaintiff. The practical consequence of this ...


Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton Oct 2012

Who Owes How Much? Developments In Apportionment And Joint And Several Liability Under O.C.G.A. § 51-12-33, Thomas A. Eaton

Scholarly Works

For most of its history, Georgia followed the traditional common law rule of joint and several liability and the equally well-settled principle that negligence could not be compared with intent when apportioning liability. Both of those propositions were dramatically altered by the enactment of the 2005 amendments to the Official Code of Georgia Annotated (O.C.G.A.) section 51-12-33 as construed by the Georgia Supreme Court in two recent opinions.