Law Commons^™

Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville

Faculty Publications

No abstract provided.

Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen Chien

Faculty Publications

The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law.

Based on an …

Judicial Foreign Policy: Lessons From The 1790s, David Sloss

Faculty Publications

This Article demonstrates that the exclusive political control thesis is incompatible with the original understanding of the Founders. The Article does not defend originalism as a method of constitutional interpretation; it merely shows that the exclusive political control thesis is inconsistent with an originalist approach.

The Article examines the implementation of U.S. neutrality policy in the period from 1793 to 1797. Other scholars have analyzed the initial formulation of U.S. neutrality policy in 1793. Scholars who focus narrowly on the year 1793, when the United States first articulated its neutrality policy, have concluded that "the federal courts played a relatively …

The Crimes Of Terrorism, Beth Van Schaack, Ron Slye

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses the contested concept of terrorism under international law, with a focus on efforts to criminalize the phenomenon. In particular, it discusses the major obstacles to achieving an omnibus definition of the crime with a particular emphasis on the intersection of the prohibitions against terrorism and international humanitarian law. Additional chapters in the text address the history of ICL, the sources of ICL, the major international crimes and defenses, and …

The Internationalization Of Crimes, Beth Van Schaack

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses one of the major conundrums of international criminal law (ICL): how to distinguish international crimes (war crimes, crimes against humanity, terrorism, and genocide) from their domestic analogs (murder, assault, and mayhem). The chapter discusses the various approaches to "internationalization" (focusing on issues of identity, transnationalism, human dignity, global stability, etc.) and concludes that international crimes lack a coherent unifying justification. Additional chapters in the text address the history of …

The Legal Regulation Of War, Beth Van Schaack, Ron Slye

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of war SHOULD BE LAW NOT WAR with respect to the evolving definitions of war crimes …

Engendering Genocide: The Akayesu Case Before The International Criminal Tribunal For Rwanda, Beth Van Schaack

Faculty Publications

This article - which will appear as a chapter in a "law stories" volume on Human Rights Advocacy - discusses the role that advocacy by women's rights and human rights organizations and activists played in gaining legal recognition of the concept of genocidal rape within international criminal law. The chapter discusses the procedural history and jurisprudential contributions of the case against Jean Paul Akayesu before the International Criminal Tribunal for Rwanda. The chapter then traces Akayesu's legacy with respect to gender justice with respect to subsequent cases before the ad hoc international tribunals and within the Statute of the international …

Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J. K. Sandoval

Faculty Publications

This Article contends that the decision to define an antitrust market by the broadcast's language raises concerns about its constitutionality and its effect on competition and democracy. If inaccurate, the market definition may not only distort competition, it may limit the broadcaster's freedom of speech and the public's ability to hear that programming. The First Amendment protects speakers and those who wish to hear that speaker's message.

Using First Amendment jurisprudence, Section II of this Article analyzes the standard of review for evaluating a market definition based on a broadcast's language.

This Article uses social science research on Spanish- and …

Teaching Cyberlaw, Eric Goldman

Faculty Publications

Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.

The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.

Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon

Faculty Publications

This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. …

Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David Welkowitz, Tyler Ochoa

Faculty Publications

The purpose of this Article is to explain why we believe that rights of publicity should be taught as a stand-alone course, why we believe that a course in comparative rights of publicity is worthwhile as a stand-alone course, and to explain some of the challenges and opportunities that the course presents. Ultimately, we hope to encourage and persuade more of our colleagues at other schools to begin to offer rights of publicity as a separate course.

Panel: Water Ethics And Commodification Of Freshwater Resources, Stephen F. Diamond

Faculty Publications

No abstract provided.

Educating Law Students For Leadership And Responsibilities, Donald J. Polden

Faculty Publications

This essay articulates the case for educating law students for leadership roles and responsibilities they will assume throughout their careers. While leadership education is relatively commonplace in American business schools, it is not a familiar part of the law school curriculum at American law schools. This essay describes this new educational initiative and the fundamental reasons for this approach to preparing law students for the roles and responsibilities they will assume in their communities and in the legal profession.

In particular, this essay discusses the components and purposes of the program and defines what is meant by education for leadership …

A Constitutional Analysis Of Parents Involved In Community Schools V. Seattle School District No. 1 And Voluntary School Integration Policies, Angelo N. Ancheta

Faculty Publications

On June 28, 2007, a sharply divided United States Supreme Court invalidated student assignment plans in Seattle, Washington and Louisville, Kentucky that were designed to promote racial diversity and to address racial isolation in K-12 education. By a 5-to-4 vote in Parents Involved in Community Schools v. Seattle School District No. I and McFarland v. Jefferson County Board of Education, the Court struck down voluntary integration plans under the "strict scrutiny" standard applied to race-conscious policies challenged under the Equal Protection Clause of the Fourteenth Amendment, and ruled that the plans were not narrowly tailored to the interests asserted by …

The Many Meanings Of "Politics" In Judicial Decision Making, Bradley W. Joondeph

Faculty Publications

This essay seeks to untangle the many possible meanings of "politics" in descriptions of judicial behavior. Part I sets out ten possible conceptions of the term, briefly discussing some examples and their empirical foundations. My goal is mostly descriptive (rather than normative), though it is apparent that some conceptions are more useful than others. In all events, claims about the political influences on judicial behavior must be specific about the phenomena they seek to describe. For given the many possible meanings of politics, accounts that lack such specificity are largely vacuous.

Part II builds on this discussion to make two …

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Faculty Publications

This paper focuses on the interaction of the federal judicial and executive branches of government in one key area of civil rights, determining the scope and direction of school integration. Specifically, this paper examines the extremely powerful role of the United States Department of Education's Office for Civil Rights ("OCR") in shaping the application of the Supreme Court's decisions with respect to racial inclusion in public education in the wake of two watershed rulings, Brown v. Board of Education and Grutter v. Bollinger. In addition, this paper discusses the possible consequences of executive and judicial interplay in the aftermath of …

The Implementation Challenge Of Mitigating China's Greenhouse Gas Emissions, Tseming Yang

Faculty Publications

No abstract provided.

Private Equity And Public Good, Stephen F. Diamond

Faculty Publications

No abstract provided.

Science And Constitutional Fact Finding In Equal Protection Analysis, Angelo N. Ancheta

Faculty Publications

This Article examines theories of fact finding and rules of evidence, as well as critiques of scientific citations in equal protection litigation, drawing on opinions starting with Brown v. Board of Education and its well-known citation of psychological and sociological studies documenting the harms of segregation-what the Brown Court labeled "modem authority." Second, this Article examines a range of equal protection cases and discusses how constitutional frameworks have shaped both core constitutional values and the gathering of relevant constitutional facts. Third, this Article examines in more detail the Parents Involved cases, as well as the underlying science and the citation …

Teaching Practical Procedure In The Legal Writing Classroom, Stephen Smith

Faculty Publications

No abstract provided.