Law Commons^™

A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002

Articles in Law Reviews & Other Academic Journals

A review of Florida Bar discipline from documents available to the public from 1988-2002.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Amicus Briefs

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.

Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson

Congressional and Other Testimony

This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have had for it, and as it has been cited in scholarship.The Declaration starts by offering a basic discussion of the sources of international and in particular customary international law and the meaning and role of opinio juris, and their relation to ATS cases following the Sosa case. It then addresses laws of …

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Articles in Law Reviews & Other Academic Journals

In the past decade, the number of small, entrepreneurial businesses participating in the global economy has tripled. With this increase comes a rise in the number of cross-border commercial disputes. The unwary small business, not familiar with international transactions, may commit errors that adversely affect their ability to do and stay in business. This article focuses on analyzing which methods small businesses should use in constructing their dispute resolution provisions and how to avoid errors in drafting and negotiation.

Anthrax Hoaxes, Ira Robbins

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: "[Y]ou are a disgusting piece of dirt."' Judge Steven Shutter, a county judge in South Florida, used these words to describe a twenty- four-year-old woman whom he labeled a terrorist2 and who was condemned by the media.3 Aside from name-calling, Judge Shutter raised the woman's bail from $3,500 to $25,000 when he learned the nature of the offense, 'just in case" the woman might be able to afford the lower bond.4 Given the strength of Judge Shutter's animosity toward her, one might assume that Yasmin Kassima Sealey- Doe had provided assistance to the terrorists who attacked the World Trade …

Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken

Articles in Law Reviews & Other Academic Journals

Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …

Independent Study On Best Practices, Including Recommendations, To Assist States In Strengthening Their Domestic Capacity To Combat All Aspects Of Impunity, By Professor Diane Orentlicher, Diane Orentlicher

Reports

Transmits: Independent study on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity / by Diane Orentlicher.

Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.

Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman

Presentations

This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

PIJIP Faculty Scholarship

In one of his first speeches soon after being sworn in as a commissioner of the Federal Communications Commission, Michael Powell bemoaned the lack of an angel's visit to give him a clearer understanding of the guiding standard in broadcast regulation - the public interest. Without a clear message as to the public interest, he declared the standard too vague.

Five years later, and now serving as Chairman, Powell leads the charge for even further deregulation of the already deregulated broadcast industry. The most recent FCC decision relaxed a wide range of media ownership regulations remaining on the books and …

Addressing Staff Sexual Misconduct With Offenders Curriculum (Instructor’S Guide: Staff Sexual Misconduct With Offenders)_2004, Brenda V. Smith, Morris L. Thigpen, Allen Ault, Anadora Moss, Dee Halley, Jaime M. Yarussi, Marcia Morgan, Susan Mccampbell

Reports

Addressing Staff Sexual Misconduct with Offenders is a 36-hour training program that focuses on the complex issues surrounding staff sexual misconduct with offenders in all correctional settings. This training is designed for correctional policy makers, agency managers and administrators, and community leaders who influence correctional policy.

In this guide you will find a suggested program agenda for this training which will provide the instructor with a snap-shot of the training program as a whole. You will also find an overview of each training module, resources you will need, and activities which you may find helpful in the execution of the …

Changing Channels And Bridging Divides: The Failure And Redemption Of American Broadcast Television Regulation, Anthony E. Varona

Articles in Law Reviews & Other Academic Journals

In Changing Channels and Bridging Divides: The Failure and Redemption of American Broadcast Television Regulation Professor Varona analyzes how the Supreme Court, Congress and the FCC have defined the legal duties of commercial broadcasters throughout the maturation of the television industry. First, he shows how the public trustee doctrine has failed, with broadcasters today airing very little 'public interest' programming. Second, he examines how and why the FCC has failed to effectively elucidate and enforce the public trustee doctrine, focusing on the irreconcilable First Amendment and commercial tensions inherent in the public trustee doctrine since its inception and the 'capture' …

Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira Robbins

Articles in Law Reviews & Other Academic Journals

The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence northe opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,without due process of law[.]” While prosecutors may offer many justifications to support the practice of namingunindicted co-conspirators, these reasons do not withstand …

Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …

Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …

One Man's Token Is Another Woman's Breakthrough - The Appointment Of The First Women Federal Judges, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Preemption In The 21st Century: What Are The Legal Parameters?, Paul Williams, Scott Lyons, Tali Neuwirth

Articles in Law Reviews & Other Academic Journals

While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …

Protecting The Labor And Employment Rights Of Immigrant Workers, Anita Sinha, Rebecca Smith, Cynthia Mark

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Too Little, Too Late: Ineffective Assistance Of Counsel, The Duty To Investigate, And Pretrial Discovery In Criminal Cases, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Connection, Capacity And Morality In Lawyer-Client Relationships: Dialogues And Commentary,, Robert Dinerstein, Stephan Ellmann, Isabelle Gunning

Articles in Law Reviews & Other Academic Journals

As important,and difficult, as it is to offer new law students clearand helpful frameworks for the interpersonalwork of lawyering, do-ing so is only part of what a clinical textbook may aspire to. In ourtextbook-in-progress, we hope to offer both frameworks and support for students' sense of the incompleteness of every framework and for their recognition of the need for careful,flexible response to each in-dividual client. Even care and flexibility by themselves are notenough, however, and every text must choose which aspects of law- yer-client relationshipsit will emphasize most. In the sections thatfol-low, we focus on lawyers' development of "connection in …

Speech And Strife, Robert L. Tsai

Articles in Law Reviews & Other Academic Journals

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, Tsai argues that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, he distinguishes between formal legal argumentation …

Association Of American Law Schools Conference: Transcript Of The Section On Natural Resources In Atlanta, Georgia, Barlow Burke

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Global Legal Education And Human Rights, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

American University Washington College of Law's Human Rights Brief is an important educational tool for all of us and is a tremendous source for those involved in human rights work around the world. The Brief promotes the development of human rights by providing both analysis and information about cutting edge cases involving human rights violations today. On the occasion of the tenth anniversary of the Brief, I will reflect on what I perceive to be the changes necessary for legal education and discuss the role of human rights in that process.