Law Commons^™

Standing Up To Legislative Bullies: Separation Of Powers, State Courts And Educational Rights, Sonja Ralston Elder

Duke Law Journal

The separation of powers doctrine creates a strong presumption in favor of judicial deference to legislative policy determinations. This doctrine was developed for federal courts, however, and does not apply with identical force to state courts enforcing state constitutional rights. This Note examines rationales for the separation of powers doctrine and their potential application to state courts. After concluding that deference should be more limited in state courts, it then applies this conclusion to educational rights, which are frequently at risk due to political market failures. By examining case studies of constitutionally based education litigation in seven states, this Note …

A Fiduciary Duty To Teach Those Who Don't Want To Learn: The Potentially Dangerous Oxymoron Of "College Sports", Richard Salgado

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Homerus Lex: Investigating American Legal Culture Through The Lens Of The Simpsons, Kimberlianne Podlas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 17, No. 1 2007

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Do Consumers Have The Right To Space-Shift, As They Do Time-Shift, Their Television Content? Intellectual Property Rights In The Face Of New Technology, Adi Schnaps

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

When Batson Met Grutter Exploring The Ramifications Of The Supreme Court's Diversity Pronouncements Within The Computerized Jury Selection Paradigm, Robert A. Caplen

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Ultimate Company Town: Wading In The Digital Marsh Of Second Life, Jason S. Zack

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Promoting Public Health And Provider Response To Emergencies And Disasters, Corey P. Hanrahan, Bryan A. Liang

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Mystery Of Mitigation: What Jurors Need To Make A Reasoned Moral Responses In Capital Sentencing, Russell Stetler

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Rehnquist Court And The Pollution Control Cases: Anti-Environmental And Pro-Business?, Mark Latham

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

Counterintuitive Thoughts On Legal Scholarship And Secured Transactions, Heather Hughes

Buffalo Law Review

No abstract provided.

Show & Tell On The Internet: Will Janet & George Set The Standard? Fcc Censorship & Converging Technologies, E. Judson Jennings

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Introduction To Law And Economic Development In Latin America: A Comparative Approach To Legal Reform, Thomas H. Hill

Chicago-Kent Law Review

No abstract provided.

Latin American Competition Policy: From Nirvana Antitrust Policy To Reality-Based Institutional Competition Building, Ignacio De Leon

Chicago-Kent Law Review

The inception of antitrust policy in Latin America is marred with misconceptions about the role of this policy. The seemingly pro-competitive goals declared under the law collide with the pursuit of welfare efficiency goals that could impair the natural outcomes of unfettered market forces. This article argues that the inherent contradiction between the stated goals of antitrust policy and its practical effects ultimately rests on the lack of analytical relevance attached to the institutional milieu within which antitrust policy is to produce its effects. Institutional connections are necessary to convey relevant information across the system; without these, the market would …

Implementing Competition Law And Policy In Latin America: The Role Of Technical Assistance, Ana Maria Alvarez, Pierre Horna

Chicago-Kent Law Review

Despite all the bottlenecks faced in implementing competition law and policies (CLP) in Latin America, several countries have been able to organize competition regimes and establish effective competition agencies. Experience has shown that the adage "no one size fits all" holds true; each country adheres to its own agenda. Therefore, technical assistance (TA) entails a bottom-up progressive approach and reflects national priorities. At the outset of implementing a CLP in developing countries, it is worth keeping in mind certain questions: Will the new regulation represent an additional burden to the already-charged institutional setting, or will it be an additional rule …

Constitutional Transplants And The Mutation Effect, Horacio Spector

Chicago-Kent Law Review

This article is concerned with constitutional transplantation, that is, the borrowing of constitutional institutions and precedents from foreign jurisdictions. It pursues two main goals. First, it argues that the borrowing of constitutional texts can be successful over long periods of time, and that when the transplanted texts fail, this failure is not easily attributable to transplantation alone. Second, it introduces the notion of a "mutation effect" to the theoretical analyses of judicial transplants. By "mutation" of precedents, the author means the process of continuing to extend the scope of a holding, regardless of its factual basis, to cover situations not …

The Color Of Brazil: Law, Ethnic Fragmentation, And Economic Growth, Tade O. Okediji

Chicago-Kent Law Review

The influence of ethnic fragmentation on economic performance has been the subject of much scholarly inquiry in economics and political economics literature. Studies have shown that ethnic fragmentation has a distinct impact on the prospects for economic growth through its effect on government policies and in particular macroeconomic stabilization strategies. It has also become relevant in legal scholarship, especially with regard to developing antidiscrimination laws to ameliorate incessant conflict in plural societies. Accurate measurements of the scale or degree of ethnic fragmentation are important for determining sustainable economic development policies and legal policies for overall development planning. The multiple, complex, …

Corporate Social Responsibility: The Role Of Law And Markets And The Case Of Developing Countries, Antonio Vives

Chicago-Kent Law Review

In order for the corporation to engage in responsible practices, many obstacles must be overcome. One such obstacle is the belief of many managers that the corporation would be violating its fiduciary responsibility if it engaged in activities that go beyond what is required by the law. Another obstacle is that many of those practices have a real cost but are perceived not to have a corresponding tangible benefit. The article discusses and dismisses these perceived obstacles and argues that it is both through law and the workings of the market that responsible behavior can enhance society's welfare. It is …

Order Without (Enforceable) Law: Why Countries Enter Into Non-Enforceable Competition Policy Chapters In Free Trade Agreements, D. Daniel Sokol

Chicago-Kent Law Review

There has been an explosion in the past ten to fifteen years of bilateral and regional free trade agreements in Latin America (together, preferential free trade agreements or PTAs). The purpose of PTAs is to increase trade, regulatory, and investment liberalization. As trade liberalization requires more than just a reduction of tariffs, PTAs include "chapters" in a number of areas of domestic regulation. These chapters that address domestic regulation create binding commitments to liberalize domestic regulation that may impact foreign trade. Among chapters that address domestic regulation, many of the Latin American PTAs include a chapter on antitrust or competition …

What Is The Point Of International Criminal Justice?, Mirjan Damaška

Chicago-Kent Law Review

The first part of the article discusses the goals international criminal courts have set for themselves. The author believes that these goals are too numerous, that they are often in conflict, and that the courts are not well suited for the achievement of some of them. This situation generates disparity between the courts' aspiration and achievement, a degree of disorientation, and difficulty in assessing the courts' performance. Disillusionment stemming from unfulfilled expectations, and inconsistencies springing from disorientation, are harmful to any system of justice, and especially to international criminal courts whose legitimacy is still fragile.

In the second part of …

Ex-Post-Booker: Retroactive Application Of Federal Sentencing Guidelines, Christine M. Zievel

Chicago-Kent Law Review

In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempted to cure Sixth Amendment issues by excising the mandatory provisions of the U.S. Sentencing Guidelines and changing the binding role of the Guidelines to advisory. For close to twenty years, federal circuit courts had used the Ex Post Facto Clause to prohibit sentencing judges from retroactively applying revisions of the federal Guidelines. However, after Booker's advisory mandate and the Guidelines' supposed loss of force in sentencing decisions, some circuits have now found that the same retroactive application no longer violates the …

Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan

Federal Communications Law Journal

The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho

Federal Communications Law Journal

With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …

Interpreting The Fourteenth Amendment: Two Don'ts And Three Dos, Garrett Epps

William & Mary Bill of Rights Journal

A sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North …