Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (12)
- Criminal Law (7)
- Criminal Procedure (7)
- Family Law (6)
- Intellectual Property Law (6)
-
- Law and Society (6)
- Human Rights Law (5)
- Jurisprudence (5)
- Law and Gender (5)
- Courts (4)
- Antitrust and Trade Regulation (3)
- Constitutional Law (3)
- Dispute Resolution and Arbitration (3)
- Juvenile Law (3)
- Legal Education (3)
- Sexuality and the Law (3)
- Education Law (2)
- Health Law and Policy (2)
- International Humanitarian Law (2)
- International Trade Law (2)
- Law Enforcement and Corrections (2)
- Law and Economics (2)
- Law and Race (2)
- Military, War, and Peace (2)
- Torts (2)
- Administrative Law (1)
- Analytical, Diagnostic and Therapeutic Techniques and Equipment (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Keyword
-
- Criminal procedure (4)
- Domestic Relations (4)
- Human Rights Law (4)
- Intellectual Property Law (4)
- International law (4)
-
- Jurisprudence (4)
- Parents and Children (4)
- Claudio (3)
- Criminal law (3)
- Grossman (3)
- Juveniles (3)
- Labor (3)
- Law and Society (3)
- Politics (3)
- Supreme Court (3)
- Capacity (2)
- Children (2)
- Constitutional Law (2)
- Copyright (2)
- Courts (2)
- Criminal Procedure (2)
- Education Law (2)
- Intellectual property (2)
- International Criminal Court (2)
- Legal education (2)
- Liability (2)
- Marital Status (2)
- Martial Law (2)
- Military (2)
- Public interest (2)
Articles 1 - 30 of 66
Full-Text Articles in Law
Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan Stroud
Articles in Law Reviews & Other Academic Journals
Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Challenges And Choices In Criminal Law Course Design Commentary Symposium: Criminal Law Pedagogy, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
I thoroughly enjoy every course in my teaching package, but the first-year Criminal Law course occupies a special place in my heart. The subject matter in the Criminal Law course is perhaps the most compelling of any offered in the first-year curriculum. As such, it provides Criminal Law instructors the tremendous opportunity to capture the imagination of students and to highlight the nexus between law in books and law in action.
The "Smart On Crime" Prosecutor, Roger Fairfax
The "Smart On Crime" Prosecutor, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
"Smart on Crime" criminal justice reforms have emerged in recent years as shrinking government budgets and exploding incarceration rates have prompted scrutiny of the efficiency and efficacy of existing criminal justice approaches. Policymakers across the country have sought out new strategies designed to prevent crime and recidivism, enhance community safety, reduce our reliance on incarceration, and save taxpayer dollars. As a result, law enforcement, courts, and correctional agencies have been implementing innovative approaches in areas such as diversion, problem-solving courts, alternatives to incarceration, and ex-offender re-entry. However, the role of prosecutors and prosecutorial agencies in this story is often overlooked. …
Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
Articles in Law Reviews & Other Academic Journals
We recently concluded that government merger enforcement statistics "provide clear evidence that the Obama Administration reinvigorated merger enforcement, as it set out to do." Three weeks later, in an article published inthe Stanford Law Review Online, Professor Daniel A. Crane reached the opposite conclusion, claiming that "[t]he merger statistics do not evidence 'reinvigoration' of merger enforcement under Obama."
The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang
The U.S. Au Pair Program: Labor Exploitation And The Myth Of Cultural Exchange, Janie Chuang
Articles in Law Reviews & Other Academic Journals
The Article exposes how the legal categorization of au pairs as “cultural exchange participants” is strategically used to sustain – and disguise – a government-created domestic worker program to provide flexible, in-home childcare for upper-middle-class families at below-market prices. The “cultural exchange” subterfuge has created an underclass of migrant domestic workers conceptually and structurally removed from the application of labor standards and the scrutiny of labor institutions. On the one hand, the “cultural exchange” rubric enables the U.S. government to house the program under the Department of State rather than Labor, and to delegate oversight of this government program to …
Batson's Grand Jury Dna, Roger Fairfax
Batson's Grand Jury Dna, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
Batson v. Kentucky was a landmark decision imposing constitutional restrictions on peremptory challenges in the petit jury selection process. Batson was a culmination of a long line of cases addressing racial discrimination in jury selection. However, the role of anti-discrimination doctrine in grand jury selection is often overlooked when the story of Batson is considered. Many of the key equal protection cases underpinning the Batson decision were grand jury cases. Furthermore, the evidentiary framework applied to challenges to race-based peremptory strikes in Batson was forged in a century's worth of grand jury discrimination doctrine. This Essay, prepared for the "Batson …
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins
Hiding Behind The Cloak Of Invisibility: The Supreme Court And Per Curiam Opinions, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Per curiam--literally translated from Latin to "by the court"-is defined by Black's Law Dictionary as "[a]n opinion handed down by an appellate court without identifying the individual judge who wrote the opinion." Accordingly the author of a per curiam opinion is meant to be institutional rather than individual, attributable to the court as an entity rather than to a single judge The United States Supreme Court issues a significant number of per curiam dispositions each Term. In the first six years of Chief Justice John Roberts’ tenure, almost nine percent of the Court full opinions were per curiams. The prevalence …
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to …
The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel
The Cy Pres Doctrine In Class Action Residual Distributions: Cy Pres As A Best Practice And Recommendations For Regulation, Evelyn Abravanel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru
Call In The Feds: Title Vi As A Diversifying Force In The Collegiate Head Football Coaching Ranks, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Over the course of the past decade, the racial complexion of the National Football League's ("NFL's") head coaching ranks has dramatically changed. For the bulk of the NFL's existence, it was virtually impossible for an African American to land a head coaching position. Whether as a result of "old boy" networking or stereotypical suppositions that African Americans lacked the intellectual capacity required to lead, manage, and teach a team of professional football players, African Americans toiled in assistant coaching positions for their entire careers with virtually no hope of ascending to the top spot.' Beginning in December of 2002, however, …
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Managing Expectations: Beyond Formal Adjudication, Susan Franck
Articles in Law Reviews & Other Academic Journals
The international investment system has depended heavily on international arbitration to provide guidance and clarification on the standards contained in international investment agreements. In order to assess the system realistically, this commentary discusses unpacking stakeholder expectations by recognizing where expectations may have been overly optimistic and thinking systematically about the mechanisms through which to capture and manage regulatory discretion. This article evaluates ideas expressed by Anne van Aaken and Bart Legum, which consider different ways to achieve regulatory and commercial balance, and offers a lens for thinking systematically about managing stakeholder expectations in the international investment system. A critical issue …
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Functional Parenting And Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation, Maya Manian
Articles in Law Reviews & Other Academic Journals
Abortion-related parental involvement mandates raise important family law issues about the scope of parents’ power over their children’s intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with …
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
The Law Of Operational Targeting: Viewing The Loac Through An Operational Lens, Gary Corn
Articles in Law Reviews & Other Academic Journals
Air and missile warfare is and will almost certainly continue to be a ubiquitous aspect of contemporary armed conflicts. Yet, the law related to the regulation of this aspect of warfare has failed to develop at the same pace as the methods and means of employing such combat assets. The Manual on International Law Applicable to Air and Missile Warfare (AMW Manual)' is therefore without question an important development in the law of armed conflict. Although not hard law, it reflects the consensus of some of the most respected jus in bello scholars in the world on how existing law …
The Origins Of American Health Libertarianism, Lewis Grossman
The Origins Of American Health Libertarianism, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article examines the persistent American demand for freedom of therapeutic choice as a popular constitutional movement originating in the nation’s earliest years. It also shows how multiple concepts of freedom, in addition to bodily freedom, have contributed to the concept of a constitutional right to medical liberty. There is a deep current of belief in the United States that people have a right to choose their preferred treatments without government interference. Cries of “Death Panels” are routinely directed against health care reform proposals that might limit patients’ access to medical products and procedures. FDA is furiously attacked, on freedom …
Practical Training In Law In The Netherlands: Big Law Model Or Clinical Model, And The Call Of Public Interest Law, Richard Wilson
Practical Training In Law In The Netherlands: Big Law Model Or Clinical Model, And The Call Of Public Interest Law, Richard Wilson
Articles in Law Reviews & Other Academic Journals
This article identifies two models now at work in the Netherlands, models that present potentially competing visions of practical training for law graduates seeking entry into the legal profession. The first is the Law Firm School, a new innovation in 2009, designed and funded by 14 major Amsterdam law firms, firms that make up part of what is often called Big Law. The Law Firm School model is embedded within the traditional apprenticeship training for all lawyers, but is available only to associates of the participating firms. The second model is clinical legal education, which ideally is offered as part …
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Predictive Policing And Reasonable Suspicion, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Predictive policing is a new law enforcement strategy to reduce crime by predicting criminal activity before it happens. Using sophisticated computer algorithms to forecast future events from past crime patterns, predictive policing has become the centerpiece of a new smart-policing strategy in several major cities. The initial results have been strikingly successful in reducing crime.This article addresses the Fourth Amendment consequences of this police innovation, analyzing the effect of predictive policing on the concept of reasonable suspicion. This article examines predictive policing in the context of the larger constitutional framework of “prediction” and the Fourth Amendment. Many aspects of current …
Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser
Reclaiming Demographics: Women, Poverty, And The Common Interest In Particular Struggles, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Invited Symposium Introduction for Jan. 2012 AALS Poverty Section Panel.
Standards, Patents, And The National Smart Grid, Jorge Contreras
Standards, Patents, And The National Smart Grid, Jorge Contreras
Articles in Law Reviews & Other Academic Journals
The National Institute of Standards and Technology (NIST) is charged with overseeing the identification and selection of hundreds of standards that will be required to implement the national Smart Grid project. However, the benefits that could be realized from Smart Grid standardization could be threatened by a growing number of patents that cover Smart Grid architecture and technologies. If such patents are not revealed until technology is broadly distributed throughout the network (“locked-in”), significant disruption could occur when patent holders seek to collect unanticipated rents from large segments of the market. Moreover, even if patents are revealed early in the …
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys
Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys
Articles in Law Reviews & Other Academic Journals
The Responsibility to Protect (R2P) is a complicated and "emerging norm"' of international law that seeks to provide a means for the international community to prevent mass atrocity crimes occurring within the boundaries of a sovereign state.' Since its emergence in 2001, in the wake of humanitarian tragedies in Bosnia, Rwanda, Kosovo, and Darfur, R2P has been hailed as a way of resolving what one commentator called the "problem from hell."3 Under R2P, however, the use of force is reserved for actions within the UN Charter's Chapter VII framework. As the Syria crisis has demonstrated, this position continues to hinder …
Legislating Inclusion, Lia Epperson
Legislating Inclusion, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
U.S. Taxes Corporate Income At Comparatively Low Rates, Andrew Pike
U.S. Taxes Corporate Income At Comparatively Low Rates, Andrew Pike
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck
The Feminist Academic's Challenge To Legal Education: Creating Sites For Change, Ann Shalleck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Case Against For-Profit Charity, Benjamin Leff
The Case Against For-Profit Charity, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Confronting Race In The Criminal Justice System: The Aba's Racial Justice Improvement Project, Cynthia E. Jones
Articles in Law Reviews & Other Academic Journals
No abstract provided.
How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel D. Bradlow
How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
The leaders of the G20 countries have now held seven summits -- enough to begin critically evaluating how well the G20 serves the interest of specific sub-parts of the international community. The purpose of this paper is to assess how well the G20 responds to African interests. It is divided into three parts. The first is a brief description of the most recent summit, held on June 18-19, 2012 in Los Cabos, Mexico. The second part is a brief discussion of the criteria that will be used in this evaluation. The third part is an assessment of the G20 against …
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
The New Illegitimacy: Winning Backward In The Protection Of The Children Of Lesbian Couples, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff
Custody Rights Of Lesbian And Gay Parents Redux: The Irrelevance Of Constitutional Principles, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
Disputes over custody and visitation can arise when a marriage ends and one parent comes out as gay or lesbian. the heterosexual parent may seek custody or may seek to restrict the activities of the gay or lesbian parent, or the presence of the parent's same-sex partner, during visitation. A gay or lesbian parent's assertion of constitutional rights has not been an effective response to such efforts. that is not likely to change. Advocates for gay and lesbian parents have argued forcefully for a nexus text, permitting consideration of a parent's sexual orientation only when there is evidence of an …