Law Commons^™

Religion And Race: The Ministerial Exception Reexamined, Ian Bartrum

NULR Online

No abstract provided.

Religious Freedom, Church–State Separation, And The Ministerial Exception, Thomas C. Berg, Kimberlee Wood Colby, Carl H. Esbeck, Richard W. Garnett

NULR Online

No abstract provided.

Barclays V. Thefly: Protecting Online News Aggregators From The Hot News Doctrine, Rayiner Hashem

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Why Brand Pharmaceutical Companies Choose To Pay Generics In Settling Patent Disputes: A Systematic Evaluation Of Asymmetric Risks In Litigation, Xiang Yu, Anjan Chatterji

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Property Rights To Information, Jamie Lund

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Antitrust Framework For Climate Change, Michael A. Carrier

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Congestible Intellectual Property And Impure Public Goods, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Putting A Lid On Online Dumpster-Diving: Why The Fair And Accurate Credit Transactions Act Should Be Amended To Include E-Mail Receipts, Jason Fitterer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

State Law Holocaust-Era Art Claims And Federal Executive Power, Jennifer Anglim Kreder

NULR Online

No abstract provided.

Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Timing The Choice Of Law By Contract, Dolly Wu

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

P2p File-Sharing And The Making Available War, Diana Sterk

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Can Popular Constitutionalism Survive The Tea Party Movement?, Jared A. Goldstein

NULR Online

The sudden emergence and prominence of the Tea Party movement raises important questions about the role of the Constitution in popular politics. More than any political movement in recent memory, the Tea Party movement is centrally focused on the meaning of the Constitution. Tea Party supporters believe that the nation is facing a crisis because it has abandoned the Constitution, and they seek to restore the government to what they believe are its foundational principles.

Patent Marking Estoppel And The Patent Licensee, Scott D. Locke

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Tea Party, The Constitution, And The Repeal Amendment, Randy Barnett

NULR Online

No abstract provided.

If We Have An Imperfect Constitution, Should We Settle For Remarkably Timid Reform? Reflections Generated By The General Phenomenon Of “Tea Party Constitutionalism” And Randy Barnett’S Particular Proposal For A “Repeal Amendment”, Sanford Levinson

NULR Online

There is, of course, no single template for “Tea Party Constitutionalism,” given that it is a large, somewhat inchoate movement that inevitably contains different, often conflicting, strains. As someone from Texas, I am tempted to focus on some of the more extreme ideas associated with various politicians wishing to take advantage of the anger projected by many Tea Partiers toward the national government. Thus at least two candidates for the 2010 Republican nomination for the Texas governorship (including the ultimately successful incumbent, Rick Perry) endorsed or at least flirted with nineteenth century ideas of “nullification” and even secession as a …

The Constitutional Politics Of The Tea Party Movement, Richard Albert

NULR Online

The Tea Party movement and its constitutional vision for the United States is perhaps the hottest topic in American public law today. The rising tide of popular support for the Tea Party movement has transformed what was once cast aside as a fleeting faction into a formidable force in American politics—one that could augur significant consequences for the contours of American constitutional law in the years ahead.

Dodd-Frank, International Remittances, And Mobile Banking: The Federal Reserve’S Role In Enabling International Economic Development, Colin C. Richard

NULR Online

International remittances—"cross-border person-to-person payments of relatively low value" sent primarily by international migrants to family members in developing countries—alleviate poverty, support entrepreneurship, and foster the development of financial systems. Until recently, aside from prohibitions on financial interactions with countries such as Cuba or Burma, U.S. regulators have only indirectly addressed these monetary transfers. The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) changes this, providing direct, substantive regulation of the industry for the first time. Dodd-Frank calls on the Board of Governors of the Federal Reserve System (Board) to craft more than a dozen regulations to enforce Dodd-Frank's remittance …

Scribble Scrabble, The Second Amendment, And Historical Guideposts: A Short Reply To Lawrence Rosenthal And Joyce Lee Malcolm, Patrick J. Charles

NULR Online

In a recent article Professors Lawrence Rosenthal and Joyce Lee Malcolm provided an intriguing debate over the standard of scrutiny that should be applied to restrictions on the Second Amendment in the wake of McDonald v. City of Chicago. This Article sets forth to illuminate two aspects of that debate. The first is Professor Rosenthal’s concern on the constitutionality of open-carry or conceal-carry prohibitions. He inaccurately claims that the founders left insufficient historical evidence to support such prohibitions. Thus this Article addresses those concerns through the use of “historical guideposts.” The second aspect this Article sets forth to address …

So How Did We Get Into This Mess? Observations On The Legitimacy Of Citizens United, Alexander Polikoff

NULR Online

How did the American body politic allow business corporations to threaten members of Congress by saying, credibly, “Do what we want or we’ll bury you!”?

On January 21, 2010, the Supreme Court’s 5-4 decision in Citizens United v. Federal Election Commission interpreted the U.S. Constitution’s First Amendment to permit corporations to spend unlimited amounts of money to support or oppose their chosen candidates. "[A] lobbyist," said the front page of the next day’s New York Times, "can now tell any elected official that [if you vote wrong,] my company, labor union or interest group will spend unlimited sums explicitly …

The Demise Of “Drive-By Jurisdictional Rulings”, Howard M. Wasserman

NULR Online

In an October 2009 Term marked by several significant constitutional rulings, the Supreme Court quietly continued an important multi-term effort towards defining which legal rules properly should be called "jurisdictional." In each of four cases that considered the issue, the Court unanimously rejected a jurisdictional characterization of the challenged legal rule. These cases continue an almost uninterrupted retreat from the Court's admittedly "profligate" and "less than meticulous" use of the term. The Court now rejects "drive-by jurisdictional rulings," in which a legal rule has been labeled as jurisdictional only through "unrefined" analysis, without rigorous consideration of the label's meaning or …

The Crime Victim’S Expanding Role In A System Of Public Prosecution: A Response To The Critics Of The Crime Victims’ Rights Act, Paul G. Cassell, Steven Joffee

NULR Online

The American criminal justice system is often envisioned as one in which public prosecutors pursue public prosecutions on behalf of the public—leaving no room for crime victims’ involvement. However, state and federal statutes and state constitutional amendments have challenged this vision. Perhaps the best example of such a challenge comes from the Crime Victims’ Rights Act (“CVRA”), a federal statute passed by Congress in 2004 that guarantees victims a series of rights in federal criminal proceedings.

A Law Of Passion, Not Of Principle, Nor Even Purpose: A Call To Repeal Or Revise The Adam Walsh Act Amendments To The Bail Reform Act Of 1984, Michael R. Handler

Journal of Criminal Law and Criminology

No abstract provided.

Children Of Incarcerated Parents: The Child’S Constitutional Right To The Family Relationship, Chesa Boudin

Journal of Criminal Law and Criminology

No abstract provided.