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Articles 1 - 30 of 41
Full-Text Articles in Law
Violence And The American Legal Landscape, David C. Williams
Violence And The American Legal Landscape, David C. Williams
Articles by Maurer Faculty
No abstract provided.
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
Articles by Maurer Faculty
No abstract provided.
Thoughts On Proposed Immigration Reforms, John Scanlan
Thoughts On Proposed Immigration Reforms, John Scanlan
Articles by Maurer Faculty
No abstract provided.
Federalism And The Idea Of Law Practice, Patrick Baude
Federalism And The Idea Of Law Practice, Patrick Baude
Articles by Maurer Faculty
No abstract provided.
Law: Illumination Against Darkness, Alfred C. Aman
Law: Illumination Against Darkness, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude
Will The Real Civil Liberties Issue Please Stand Up?, Patrick Baude
Articles by Maurer Faculty
No abstract provided.
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve
Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Book Review. American War In The 1990s, David G. Delaney
Book Review. American War In The 1990s, David G. Delaney
Articles by Maurer Faculty
No abstract provided.
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
The Practice Of Precedent: Anastasoff, Noncitation Rules, And The Meaning Of Precedent In An Interpretive Community, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Symposium In Memory Of David H. Vernon: An Introduction, Mark D. Janis, Hillary A. Sale
Symposium In Memory Of David H. Vernon: An Introduction, Mark D. Janis, Hillary A. Sale
Articles by Maurer Faculty
No abstract provided.
Transitions In Ip And Antitrust, Mark D. Janis
Transitions In Ip And Antitrust, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Making The Grade: Some Principles Of Comparative Grading, Jeffrey E. Stake
Making The Grade: Some Principles Of Comparative Grading, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman
The National Wildlife Refuge System And The Hallmarks Of Modern Organic Legislation, Robert L. Fischman
Articles by Maurer Faculty
This article explores the origins and precise meaning of the term "organic act," which is widely used in public land law. The evolution in the meaning of the term reflects larger shifts in the role of legislation in public resource management. The article illustrates this with an analysis of the 1997 Refuge Improvement Act, a substantial revision of the charter for the Refuge System and the first major statute governing public land management enacted since the 1970s.
The Refuge System's "dominant use" regime is an important model for sustainable resource management. The article describes this regime in the context of …
Principles For Protecting Privacy, Fred H. Cate
Principles For Protecting Privacy, Fred H. Cate
Articles by Maurer Faculty
This article addresses health privacy in the broader context of other areas of recent privacy activity, in an effort to discover what people should have learned in trying to identify those principles that should undergrid regulatory efforts to protect privacy. Increasingly, the dominant trend in recent and pending privacy legislation is to invest consumers with near absolute control over information in the marketplace. - irrespective of whether the information is, or could be, used to cause harm. The Health Insurance Portability and Accountability Act privacy rules wholly ignore the concept of harm and the constitutional requirement of targeting restriction on …
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Doing Our Politics In Court: Gerrymandering, "Fair Representation" And An Exegesis Into The Judicial Role, Luis Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.
Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson
Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson
Articles by Maurer Faculty
In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Book Review. Cross-Border Collateral: Legal Risk And The Conflict Of Laws. Edited By Richard Potok., Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Introduction To Written Symposium On Public Health And International Law, David P. Fidler
Introduction To Written Symposium On Public Health And International Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Patent Abolitionism, Mark D. Janis
Patent Abolitionism, Mark D. Janis
Articles by Maurer Faculty
In this Article, Professor Janis argues that modem enthusiasm for large-scale legislative reforms in patent law should be received with caution in view of the history of patent law reform. That history suggests that patent law is more resilient--or perhaps more impervious to change-than modem reformers recognize. To explore these propositions, Professor Janis analyzes the history of the mid-Victorian era British patent abolitionism movement. He demonstrates that much of the reform dialogue of that era, from the elucidation of major problems in the patent system, to the formulation of legislative solutions, mirrors quite closely the modem U.S. patent reform debate. …
The Ethics Of Evidence, J. Alexander Tanford
The Ethics Of Evidence, J. Alexander Tanford
Articles by Maurer Faculty
Professor J. Alexander Tanford offers a unique perspective on the ethics of evidence, illustrated by examples of his own personal experiences as well as excerpts from film and literature. This Article is a must read for any litigator as it addresses the issue of where the line is to be drawn regarding evidence in the courtroom.
Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell
Deciding When Hate Is A Crime: The First Amendment, Police Detectives, And The Identification Of Hate Crime, Jeannine Bell
Articles by Maurer Faculty
This Article adds to the debate a story of how hate crime law is enforced, based on the experiences of the police detectives who are required to enforce hate crime law. Part I of this Article provides a brief description of hate crime laws and argues that the police play an important role in the determination of how hate crime law is enforced and ultimately, whether defendants’ First Amendment rights will be respected. Part II describes critics’ concerns about defendants’ First Amendment rights and the narrow constitutional line that enforcers of hate crime law must walk between enforcing hate crime …
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
U.S. Plant Variety Protection: Sound And Fury...?, Mark D. Janis, Jay P. Kesan
Articles by Maurer Faculty
This Article offers a critical reassessment of U.S. approaches to intellectual property protection for plant innovation. Three developments make this reassessment timely. First, the Supreme Court has finally confirmed that utility patent claims to plants and seeds satisfy the 35 U.S.C. Section 101 subject matter eligibility requirement. Plant innovation in the United States is now subject to utility patent protection, as well as concurrent protection under the Plant Variety Protection Act (PVPA). However, little work has been done to explain the role of PVPA protection in a system of concurrent protection, or to develop a coherent policy vision within which …
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman
Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman
Articles by Maurer Faculty
This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Constitutional Issues In Information Privacy, Fred H. Cate, Robert E. Litan
Articles by Maurer Faculty
The U.S. Constitution has been largely ignored in the recent flurry of privacy laws and regulations designed to protect personal information from incursion by the private sector, despite the fact that many of these enactments and efforts to enforce them significantly implicate the First Amendment. Questions about the role of the Constitution have assumed new importance in the aftermath of the September 11 terrorist attacks on the World Trade Center and the Pentagon. Efforts to identify and bring to justice the perpetrators and to protect against future terrorist attacks, while threatening to weaken constitutional protections against government intrusions into personal …
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Cases And Guidelines In Genetics, Roger B. Dworkin
Cases And Guidelines In Genetics, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Baker's Promise, Equal Protection, And The Modern Redistricting Revolution: A Plea For Rationality, Luis Fuentes-Rohwer
Articles by Maurer Faculty
The conventional wisdom contends that Baker v. Carr did not set down a standard for lower courts to follow. This Article responds to this position. It reaches three conclusions. First, it argues the implicit promise of Baker v. Carr pointed toward a loose, flexible rationality standard for deciding redistricting controversies. Under this approach, states were given much room to enact redistricting plans in accordance to their states' particular needs. Second, the lower courts applied precisely this standard in litigation in the wake of Baker, and did so quite capably. This conclusion responds to those who exhort the imposition of a …