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Full-Text Articles in Law

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski Dec 2012

Drone Federalism: Civilian Drones And The Things They Carry, Margot E. Kaminski

Articles

Civilian drones are scheduled to be permitted in the national airspace as early as 2015. Many think Congress should establish the necessary nationwide regulations to govern both law enforcement and civilian drone use. That thinking, however, is wrong. This Essay suggests drone federalism instead: a state-based approach to privacy regulation that governs drone use by civilians, drawing on states’ experience regulating other forms of civilian-on-civilian surveillance. This approach will allow necessary experimentation in how to best balance privacy concerns against First Amendment rights in the imminent era of drone-use democratization. This Essay closes by providing some guidance to states as ...


The Digital Collections At Colorado Law, Robert M. Linz Jan 2012

The Digital Collections At Colorado Law, Robert M. Linz

Articles

No abstract provided.


Internet Governance: The Role Of Multistakeholder Organizations, Joe Waz, Phil Weiser Jan 2012

Internet Governance: The Role Of Multistakeholder Organizations, Joe Waz, Phil Weiser

Articles

With the increasing international focus on the future of the ITU and its role (or lack thereof) in Internet governance, there is greater attention being paid to the fact that much of the 'governance' of the Internet is in fact carried out by so-called 'multistakeholder ('MSH') organizations.' Over the last two decades, these entities have largely established the norms and standards for the global Internet, but they are little known to the general public and even to most regulators and legislators. Indeed, most governments do not understand the essential role of MSH organizations. Consequently, to develop an effective Internet governance ...


Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein Jan 2012

Economic Development And The Problem With The Problem-Solving Approach, Justin Desautels-Stein

Articles

Scholars and practitioners alike have recently pointed to the idea of a "new moment" in the field of law and economic development, as well as a hope for a fruitful rethinking of political economy. The idea is that we have passed out of the period of high "neoliberalism," associated at one time with Reagan, Thatcher, and the so-called Washington Consensus and now eclipsed by the ascendance of the Obama Administration. The hope attending the new consensus is that, in the wake of neoliberal law and policy, the field of law and development might be on the verge of a new ...


Tenth Amendment Challenges After Bond V. United States, Scott G. Thompson, Christopher Klimmek Jan 2012

Tenth Amendment Challenges After Bond V. United States, Scott G. Thompson, Christopher Klimmek

Articles

In its recent decision in Bond v. United States, the Supreme Court explained that because the Tenth Amendment "secures the freedom of the individual," private parties who otherwise satisfy Article III's standing requirements and other prudential requirements may challenge federal laws as violating the Tenth Amendment. In so doing, the Court reversed the majority of circuit courts that have addressed the issue and removed a significant categorical bar to individual Tenth Amendment challenges. This Article explains Bond's holding and explores its implications for future Tenth Amendment challenges by private parties.

Although Bond contains some expansive language regarding the ...


Understanding The United States' Incarceration Rate, William T. Pizzi Jan 2012

Understanding The United States' Incarceration Rate, William T. Pizzi

Articles

What has caused prison sentences to climb so sharply and consistently in the last four decades?


Rethinking Attempt Under The Model Penal Code, William T. Pizzi Jan 2012

Rethinking Attempt Under The Model Penal Code, William T. Pizzi

Articles

No abstract provided.


Secrets, Lies, And Disclosure, Helen Norton Jan 2012

Secrets, Lies, And Disclosure, Helen Norton

Articles

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the ...


Government Speech In Transition, Helen Norton Jan 2012

Government Speech In Transition, Helen Norton

Articles

This symposium essay explores the legacy of the Supreme Court’s decision in Johanns v. Livestock Mktg. Ass’n. There the Court offered its clearest articulation to date of its emerging government speech doctrine. After characterizing contested expression as the government’s, the Court then held such government speech to be exempt from free speech clause scrutiny. In so doing, the Court solved at least one substantial problem, but created others that remain unresolved today. On one hand, Johanns marked the Court’s long overdue recognition of the ubiquity and importance of government speech, appropriately exempting the government’s own ...


From Tiger Mom To Panda Parent, Peter H. Huang Jan 2012

From Tiger Mom To Panda Parent, Peter H. Huang

Articles

This response to Yale Law Professor Amy Chua’s book, Battle Hymn of the Tiger Mother, complements a much longer and related article that is also in part a response to Chua’s book: Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting, 1 British Journal of American Legal Studies 297 (2012). This brief essay discusses the cultural differences between Chinese and Western views about education, learning, and parenting. This editorial draws on research in social psychology to analyze the stereotype of Asians and Asian Americans as being competent yet unsociable. Finally, this reflection draws ...


Information Lost And Found, Frederic M. Bloom Jan 2012

Information Lost And Found, Frederic M. Bloom

Articles

At the core of every lawsuit is a mix of information-revealing documents that chronicle a party's malfeasance, guarded memos that outline a lawyer's trial strategy, fading memories that recall a jury's key mistakes. Yet the law's system for managing that information is still poorly understood. This Article makes new and better sense of that system. It begins with an original examination of five pieces of our civil information architecture--evidence tampering rules, automatic disclosure requirements, work product doctrine, peremptory challenge law, and bans on juror testimony--and compiles a novel study of how those doctrines intersect and overlap ...


David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter Jan 2012

David Getches: A Tribute To A Leader And Scholar, Matthew L.M. Fletcher, Kristen A. Carpenter

Articles

No abstract provided.


Introductory Remarks: International Energy Governance, Lakshman Guruswamy Jan 2012

Introductory Remarks: International Energy Governance, Lakshman Guruswamy

Articles

No abstract provided.


Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain Jan 2012

Sovereignty And The Promotion Of Peace In Non-International Armed Conflict, Anna Spain

Articles

No abstract provided.


The Judicial Assault On The Clean Water Act, Mark Squillace Jan 2012

The Judicial Assault On The Clean Water Act, Mark Squillace

Articles

No abstract provided.


Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag Jan 2012

Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag

Articles

This brief essay sketches the ways in which four leading economic thinkers (Knight, Coase, Posner and Sunstein) have dealt with a vexing tension in the relations of economics to law, the state, and the social. The tension arises as microeconomists address (or fail to address) the relations of their theories to “soft factors” such as psychology, politics, social institutions, etc. These soft factors are at once clearly consequential for economic behavior (and thus arguably should be included in the theories). At the same time, these soft factors are not self-evidently subject to determination by any known economic laws (and thus ...


The Faculty Workshop, Pierre Schlag Jan 2012

The Faculty Workshop, Pierre Schlag

Articles

This essay explores the ubiquitous law school institution, “The Faculty Workshop,” as an entrée into and manifestation of contemporary American legal thought. The Faculty Workshop is examined both as a regulator and expression of legal thought - at once governance system and symptom. We close by discussing “Stage 4.”


Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff Jan 2012

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Articles

Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for ...


A Shift To Narrativity, Derek H. Kiernan-Johnson Jan 2012

A Shift To Narrativity, Derek H. Kiernan-Johnson

Articles

Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal ...


Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew Jan 2012

Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew

Articles

The qui tam provision of the Civil False Claims Act effectively serves to expand the government’s capacity to combat fraud, but also invites abusive prosecution against blameless public contractors. Although the public disclosure jurisdictional bar is designed to permit worthy claimants to proceed as whistle blowers while precluding parasitic opportunists from unfairly imposing litigation costs and reaping undeserved awards, the inconsistent judicial interpretation of the original source exception threatens predictable and just law enforcement. Christopher Alexion’s note categorizes the approaches courts have taken as ranging from permissive, to “middle ground” to restrictive based on the timing of the ...


Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang Jan 2012

Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang

Articles

I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have ...


A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber Jan 2012

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Articles

No abstract provided.


The Role Of Equipoise In Family Law, Deborah Cantrell Jan 2012

The Role Of Equipoise In Family Law, Deborah Cantrell

Articles

Scholars reviewing family law over the last twenty years have described the field as having undergone a revolution. While true, both scholars and front-line family law advocates have failed to invent a satisfying end to the revolution. This Article takes up that challenge and offers a novel way forward, It identifies two translation challenges that have prevented the revolution from reaching its end. The first challenge is translating reform so that its benefits accrue equally across all kinds of participants--rich and poor, those with lawyers and those without. The second challenge is translating theory into on-the-ground practices useful to family ...


Race As A Legal Concept, Justin Desautels-Stein Jan 2012

Race As A Legal Concept, Justin Desautels-Stein

Articles

Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure, characterizations of the rule have oftentimes kept pace with developments in race science, and the original invention of race as a rationale for the subordination of certain human populations is now a rationale with little ...


The Crisis Of The American Law School, Paul Campos Jan 2012

The Crisis Of The American Law School, Paul Campos

Articles

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector ...


Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd Jan 2012

Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd

Articles

Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of ...


Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis Jan 2012

Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis

Articles

No abstract provided.


The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan Jan 2012

The Second-Class Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan

Articles

Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs' class certification motion. But for certain employment rights cases--mainly wage claims but also age discrimination and gender equal pay claims--29 U.S. C. § 216(b) allows not class actions but "collective actions" covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion ...


Computable Contracts, Harry Surden Jan 2012

Computable Contracts, Harry Surden

Articles

This Article explains how and why firms are representing certain contractual obligations as computer data. The reason is so that computers can read and process the substantive aspects of contractual obligations. The representation of contractual obligations in data instead of (or in addition to) the traditional written language form - what this Article calls "data-oriented contracting" - allows for the application of advanced computer processing abilities to substantive contractual obligations. Certain financial contracts exemplify this model. Equity option contracts are routinely represented not as contract documents written in ordinary language - but as data records intended to be processed by computers. The parties ...


Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff Jan 2012

Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff

Articles

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories "tribe" and "tribal member" are themselves political, and reflect the ways in which tribes and tribal members have been racialized by ...