Law Commons^™

Sustaining America, John Dernbach

John C. Dernbach

This essay summarizes U.S. sustainability efforts over the two decades since the U.N. Conference on Environment and Development (or Earth Summit) in 1992. It also summarizes basic findings and recommendations from Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability (Environmental Law Institute 2012). Drawing on the expertise of more than four dozen sustainability practitioners in a variety of fields, the book teases from the limited progress made in the United States over the past two decades the overall patterns for that progress. It also reviews the most significant obstacles to sustainability, again showing patterns in those obstacles across …

Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin

Mohammad Amin

Using newly available data on whether a country gives additional legal rights or not for flexible or part-time work schedule to employees with minor children, we analyze the impact of such provision in the law on female employment. For a representative sample of manufacturing firms in 57 developing countries, we find that the stated provision in the law has a large positive effect on the employment of females. Specifically, on the conservative side, the provision in the law increases the proportion of females in the workforce by 7.7 percentage points, a large effect given that on average females constitute 32 …

Rlt: A Preliminary Examination Of Religious Legal Theory As A Movement, Samuel J. Levine

Samuel J. Levine

No abstract provided.

Holy Mackerel! How A Small Country Of Fishermen Pushed The Boundaries Of Free Press, Ryan M. Mott

Ryan M Mott

This paper is about the Icelandic Modern Media Initiative (“IMMI”), a legislative proposal enacted by the Icelandic parliament on June 16th, 2010.

The IMMI was designed to promote transparency in reaction to an economic crisis and failed gag order that shook Icelanders’ faith in their government.

The parliament set out to create the most journalist-friendly nation in the world, a “media haven,” and did so by grabbing some of the most protective media statutes in the world.

The reformations include, inter alia, protection for the reporter’s privilege and source anonymity, protection for third-party communicators between reporters and sources, whistleblower protection, …

Stare Decisis And Conflicts Between The Divisions Of Washington State Court Of Appeals: Resolving A Problem At The Trial Court Level, Mark Deforrest

Mark DeForrest

The Washington Court of Appeals is a single court that sits in three geographically distinct divisions. A case from a division is binding on trial courts throughout the state, but not on the other divisions within the court of appeals. Conflicts between the divisions occur, placing trial courts in a Catch-22 situation when faced with conflicting authorities from the court of appeals. This article identifies and explains the problem, and provides background information on the history and function of Washington's junior appellate court. The article also identifies and critiques four possible solutions of the problem facing trial courts. Ultimately, the …

Scorn, Richard Delgado, Jean Stefancic

Richard Delgado

No abstract provided.

Imposition, Richard Delgado, Jean Stefancic

Richard Delgado

No abstract provided.

How To Effectively Use And Access Forms For Teaching, Jalae Ulicki

Jalae Ulicki

Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt

Professor Katina Michael

Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.

La Demostración Jurídica Y Económica: Similitudes Interdisciplinarias Entre Hipótesis, Causas, Efectos Y Normas. La Norma Económica., José Manuel Martin Coronado

José-Manuel Martin Coronado

Hace unos días leí una entrada de blog de un joven abogado de una conocida universidad y (aparentemente) funcionario público, la cual trataba de una aparente metodología para la resolución de casos. Dado el especial interés del autor por el tema metodológico, bastante ausente entre los profesionales del derecho, creí conveniente felicitar su iniciativa. No obstante, también había un elemento de crítica, el relativo a la metodología bastante antigua y poco práctica en términos modernos (actualización, adaptabilidad, amparo informático, etc.). 1.2. Al parecer la crítica fue interpretada como algo más fuerte que la felicitación, aun cuando reitero, el citado autor …

Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Miles Tresemer

Parker Tresemer

Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …

Cross-Cultural Readings Of Intent: Form, Fiction, And Reasonable Expectations, Deborah Waire Post

Deborah W. Post

No abstract provided.

Location Privacy Under Dire Threat As Uberveillance Stalks The Streets, Katina Michael, Roger Clarke

Associate Professor Katina Michael

Location tracking and monitoring applications have proliferated with the arrival of smart phones that are equipped with onboard global positioning system (GPS) chipsets. It is now possible to locate a smart phone user down to 10 metres of accuracy on average. Innovators have been quick to capitalise on this emerging market by introducing novel pedestrian tracking technologies which can denote the geographic path of a mobile user. At the same time there is contention by law enforcement personnel over the need for a warrant process to track an individual in a public space. This paper considers the future of location …

Representations Of Law And The Nonfiction Novel: Capote's In Cold Blood Revisited, Shulamit Almog

Shulamit Almog

The article describes the way in which law-related events are represented in Truman Capote’s In Cold Blood. Based on a narrative analysis, the paper will posit that In Cold Blood played a particular role in originating and shaping an innovative mode of representing law-related events, a mode that was widely employed since, in various artistic mediums and in popular culture. As the paper further elaborates, Capote’s work paved new ways for challenging the conventional boundaries between “reality” and “fiction” with regard to the representation of law-related events. The paper will also maintain that in addition to its contribution to the …

Between Citizenship, Equality, And Law The Language Of The Summer 2011 Social Protests, Shulamit Almog

Shulamit Almog

The intersection of law and protest may be perceived as an oxymoron. For many, law symbolizes stability and the maintenance of the socio-political and economic status quo while, at the same time, protecting human rights. Protest, conversely, points to the need to alter and reform the very same status quo, arguing that the conventional means of constructing politics and public policy through legislation and litigation have failed and that democratic and all other perceptions of justice have been halted. Nonethe-less, more than a few protest movements all around the globe have used lawyers, legal arguments, and legal mechanisms to advance …

Promoting An All Of The Above Approach Or Pushing (Oil) Addiction And Abuse?: The Curious Role Of Energy Subsidies And Mandates In U.S. Energy Policy, Joshua P. Fershee

Joshua P Fershee

President Bush declared America “addicted to oil” in his fifth State of the Union address, uttering what is now a common refrain used to urge the development of alternative fuel sources. Before progress can be made to modernize the U.S. fuel mix, though, it is important to consider how and why the current fuel mix came to be. To do so, this article first considers whether the United States is, in fact, addicted to oil. The article looks to the medical definitions of addiction and analyzes the U.S. relationship with oil to assist in analyzing the potential effectiveness of U.S. …

Renewing The Bayh-Dole Act As A Default Rule In The Wake Of Stanford V. Roche, Parker Tresemer

Parker Tresemer

Since its enactment in 1980, the Bayh-Dole Act has incentivized university and private industry investment in new technologies by granting them exclusive patent rights to their inventors’ federally funded technologies. The Supreme Court’s holding in Stanford v. Roche, however, threatens to stall American innovation by undermining the Act’s intended structure for disposition of intellectual property rights. Congress enacted the Bayh-Dole Act to solve a specific problem: stagnating technological innovation in the decades after World War II. Universities and private companies are unwilling to commercialize basic federally funded technologies without exclusive rights to those technologies. The Congressional record surrounding the Bayh-Dole …

Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer

Parker Tresemer

Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Linnéa Wegerstad

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.

Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer

Parker Tresemer

Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is …

It's Not Just A Writing Problem, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.

"Law's Outsiders": An Interview With Alex Sharpe, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

In May 2012 Alex Sharpe, Professor of Law at Keele University, UK, visited Lund University where she participated in a series of seminars and workshops organised around a central motif in her work: the legal outsider. As part of her visit she presented a version of a paper recently published in the Modern Law Review titled “Transgender Marriage and the Legal Obligation to Disclose Gender History.” The paper focused on and challenged the legal and wider cultural framing of non-disclosure of gender history as harmful and as unethical. The paper is her latest intervention and forms part of a substantial …

Two Truths And A Lie: In Re John Z. And Other Stories At The Juncture Of Teen Sex & The Law, Michelle Oberman

Michelle Oberman

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the …

Resistance, Resilience, And Reconciliation: Reflections On Native American Women And The Law, Stacy Leeds

Stacy Leeds

Three short stories about three families, the Ladigas, the Danns, and the Conleys, show that the law eventually catches up to social justice if we are willing to persevere with faith and passion in what looks like a losing fight. This essay highlights the experiences of three Native American women and their families and how their families have shaped the law over time. First, Sally Ladiga, a Creek indian, brought suit to quiet title her family's land after the federal government questionably took and sold the land. Ladiga's heirs fought for their land, pushing the United States Supreme Court to …

Making Irac Visible, Suzanne Darrow Kleinhaus, Nancy Ellen Chanin

Suzanne Darrow Kleinhaus

No abstract provided.

Strengthening Judicial Independence In The New Constitutional Democracies Of Central And Eastern Europe, Hon. John M. Walker Jr., Daniel Schuker

Daniel Schuker

No abstract provided.

Foreword: Global Justice, History And Law: Between Fela's Teachers Teaching "Nonsense" And Bob Marley's "Small Axe" For A Big Tree, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

No abstract provided.

Regionalization, Development And Competition Law: Exploring The Political Dimension, David J. Gerber

David J. Gerber

In discussions of the regionalization of competition law, the political dimension often leads a shadowy existence. Regionalization tends to be presented with a hint of a halo around it. States are presented as acting for a shared policy objective intended to benefit all, and political issues often sit uncomfortably with that image. This is particularly true when regionalization involves ‘developing countries’. Here there is often a further level of ‘common good’ discourse. Regionalization is here portrayed not only as a communal experience and goal, but also as one designed to reduce poverty and aid economic development. Where regionalization involves competition …

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.