Law Commons^™

Foreword: A Tribute To Margaret Montoya, Rachel F. Moran

Faculty Scholarship

Dean Moran provides opening remarks to the Chicana/o-Latina/o Law Review symposium, "Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia."

On The Usefulness Of A Flat Economics To The World Of Faith, Andrew P. Morriss

Faculty Scholarship

Is economics unduly flat? Perhaps, sometimes. But part of the power of economics comes from the parsimony of its approach to human nature. If and when we search for more complex approaches, we will need to understand the tradeoffs involved in choosing between that power and simplicity and the alternatives. Rather than deepening our economics with faith, it may be that we are better off using a relatively flat economics to enrich religious understandings.

International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic

Faculty Scholarship

Judges who sit on the International Criminal Court (“ICC”) and other international criminal tribunals (“ICTs”) are nationals of particular states and are elected to serve largely on the basis of nationality. Since the advent of the Nuremberg Tribunal, however, ICTs have perpetuated the notion that national identity is irrelevant to a judge’s performance of his or her duties.

This Article will contend that judges at the ICC and other ICTs should not preside over trials concerning crimes allegedly committed by or against their fellow nationals. Judges should also consider recusing themselves from cases that strongly implicate the interests of their …

Vanishing Power Lines And Emerging Distributed Generation, Gina S. Warren

Faculty Scholarship

Experts predict that distributed energy will contribute as much as twenty percent of the U.S. power supply by 2020. While no one will wake up tomorrow morning to an entirely new energy distribution system — complete with solar panels on the roof and a wind turbine in the back yard — distributed generation is receiving significant attention as the disruptive technology that will ultimately revolutionize the way energy is delivered in the United States. The reason for this shift is, in part, due to new technology that allows for more flexible localized generation of energy, and in part due to …

Function Over Form: Bringing The Fixation Requirement Into The Modern Era, Megan Carpenter, Steven Hetcher

Faculty Scholarship

This Article examines the ways that contemporary creativity challenges copyright's fixation requirement. In this Article, we identity concrete problems with the fixation requirement, both practically and in light of the fundamental purpose and policy behind copyright law, and argue for a change that would amend the fixation requirement to better function in the modern era. Specifically, we conclude that a fair appraisal of the justifications for the fixation requirement provides little, if any, rationale for fixation except to the extent that fixation helps to separate idea from expression in determining the "metes and bounds" of creative expression. Recent case law …

Moving Money: International Financial Flows, Taxes, And Money Laundering, Richard Gordon, Andrew P. Morriss

Faculty Scholarship

Allegations by political leaders and others that offshore financial centers enable multinational enterprise to avoid paying a “fair” amount of tax — and that they enable wealthy individuals to evade paying any tax, much of it on ill gotten gains — are once again garnering headlines and inspiring government action. One of the most prominent commentators on these topics, The Tax Justice Network, has recently claimed that thanks to the services of tax havens $21-$32 trillion of wealth of questionable origin remains hidden and untaxed, and that such abuse must be stopped through greater regulation. In this paper we argue …

Intellectual Property Geographies, Peter K. Yu

Faculty Scholarship

Written for a special issue on intellectual property and geography, this article outlines three sets of mismatches that demonstrate the vitality, utility and richness of analyzing intellectual property developments through a geographical lens. The article begins by examining economic geography, focusing on the tensions and conflicts between territorial borders and sub-national innovation (including those relating to obligations under the WTO TRIPS Agreement). This article then examines the oft-found mismatch between political geography and cultural geography. Illustrating this mismatch is the challenge of protecting traditional knowledge and traditional cultural expressions. The article concludes by exploring the growing mismatch between legal geography …

Pooling Clauses And Statutes, Gina S. Warren

Faculty Scholarship

Pooling is a tool used to bring together small or irregular tracts of land or mineral interests to form one drilling unit for the purposes of oil or gas production. In general, pooling can be accomplished in a variety of ways, including separate pooling agreements, community leases, voluntary pooling clauses within leases, and compulsory pooling statutes.

This article will focus on voluntary pooling lease clauses and compulsory pooling statutes. This article will discuss the requirements for valid pooling under a voluntary lease provision and look at the remedies available for invalid or improper pooling. It will analyze the effect of …

Strategic Delegation, Discretion, And Deference: Explaining The Comparative Law Of Administrative Review, Nuno Garoupa, Jud Mathews

Faculty Scholarship

This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegation to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the United States, Germany, France, and Commonwealth jurisdictions.

Policing Terrorists In The Community, Sahar F. Aziz

Faculty Scholarship

Twelve years after the September 11th attacks, countering domestic terrorism remains a top priority for federal law enforcement agencies. Using a variety of reactive and preventive tactics, law enforcement seeks to stop terrorism before it occurs. Towards that end, community policing, developed in the 1990s to combat violent crime in inner city communities, is being adopted as a means of collaborating with Muslim communities and local police to combat "Islamist homegrown terrorism." Developed in response to paramilitary policing models, community policing is built upon the notion that effective policing requires mutual trust and relationships among local law enforcement and the …

Hydropower: Time For A Small Makeover, Gina S. Warren

Faculty Scholarship

Over the last several years, hydropower has supplied between 6 and 8 percent of the electricity consumed in the United States. It is the most abundant, most efficient, and least expensive source of renewable electricity generation on earth.Yet, when most people think of hydropower they think of huge dams, dead fish, and a destroyed environment. Unfortunately, this perception has on too many occasions been a reality. Hydropower needs a new PR department. It is time for a "small" makeover.

To embrace the full potential of sustainable hydropower, investors and regulatory agencies must look to develop small, localized facilities on existing …

Introduction, Symposium Lsu J. Energy L. & Resources, Roger Meiners, Andrew P. Morriss

Faculty Scholarship

The intersection of property rights and energy resource development is an increasingly important, and contentious, area of the law. From local fracking ordinances to federal overrides of state sovereignty in permitting multistate infrastructure projects, the law is in flux. In this symposium, a group of lawyers, law professors, and economists were gathered to look at some of these issues.

It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce

Faculty Scholarship

In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.

In 2012, a purported parallel …