Law Commons^™

(How) Should Trade Agreements Deal With Income Tax Issues?, Joel Slemrod, Reuven S. Avi-Yonah

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What is the relationship between the international tax regime, as embodied in bilateral international tax treaties, and multilateral free trade agreements like the General Agreement on Tariffs and Trade (GATr)?' Are their fundamental goals consistent or inconsistent? If they are inconsistent, should the tax treaties or the GATT be changed to remedy the inconsistency? If they are consistent, should the scope of either be expanded to include the other?

Rethinking The United States First-To-Invent Principle From A Comparative Law Perspective: A Proposal To Restructure § 102 Novelty And Priority Provisions, Toshiko Takenaka

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This Article first examines the novelty and priority provisions of first-to-file countries, and then compares them with U.S. counterparts to identify major differences and determine why these differences result. The Article discusses the origins of the complex structure adopted by § 102 to define prior art and the difficult interpretation given to terms used in the novelty definition. This Article then reviews the USPTO's practice of the novelty examination and the priority determination in interference proceedings. This review confirms the first-to-file patent professional's perception that the United States, in fact, follows the first-to-file principle, although it also provides an exception …

De-Bugging Open Source Software Licensing, Robert W. Gomulkiewicz

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Home computer users and businesses often rely on software developed by unconventional programmers known as "hackers." Hackers claim that the code they develop is superior in quality to the code developed by commercial software firms because hackers freely share the code they develop. This code sharing enables a multitude of programmers from around the world to rapidly find and fix bugs. The legal mechanism that enables hackers to deploy this worldwide team of de-buggers is a license agreement or, to be more precise,an assortment of license agreements known as "open source" licenses.

Although open source software developers may regularly fix …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

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My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

American-Style Justice In No Man's Land, Peter Nicolas

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This Article seeks to fill the gap in the existing literature by exploring the constitutional limits on federal court subject matter jurisdiction in the context of civil disputes arising in Indian Country and civil disputes arising elsewhere involving Indian tribes, tribal entities, and tribal members.

Part II of this Article catalogues the universe of "no forum" and "biased forum" jurisdictional quagmires with respect to civil disputes arising in Indian Country or those arising elsewhere involving Indian tribes, tribal entities, and tribal members, examining the existing legal obstacles that prevent federal, state, and tribal courts from exercising jurisdiction over the "no …

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

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Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …

Road Work: Racial Profiling And Drug Interdiction On The Highway, Samuel R. Gross, Katherine Y. Bames

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Hypocrisy about race is hardly new in America, but the content changes. Recently the spotlight has been on racial profiling. The story of Colonel Carl Williams of the New Jersey State Police is a wellknown example. On Sunday, February 28, 1999, the Newark Star Ledger published a lengthy interview with Williams in which he talked about race and drugs: "Today... the drug problem is cocaine or marijuana. It is most likely a minority group that's involved with that."4 Williams condemned racial profiling - "As far as racial profiling is concerned, that is absolutely not right. It never has been con-doned …

Ethics, Race, And Reform, Anthony V. Alfieri

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No abstract provided.

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

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"We Must Be Hunters Of Meaning": Race, Metaphor, And The Models Of Steven Winter, D. Marvin Jones

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"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

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Venture Capital On The Downside: Preferred Stock And Corporate Control, William Wilson Bratton

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Labor And Employment In The Academy - A Critical Look At The Ivory Tower: Proceedings Of The 2002 Annual Meeting Of The Association Of American Law Schools, Joint Program Of The Section On Labor Relations And Employment Law And Section On Minority Groups, Elizabeth M. Iglesias, Jo Anne Durako, Devon Wayne Carbado, Margaret E. Montoya, Michael A. Olivas, Rex R. Perschbacher, Douglas D. Scherer, Vicki Schultz

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No abstract provided.

Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby

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Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

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The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz

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Intergroup Rivalry, Anti-Competitive Conduct And Affirmative Action, Michelle Adams

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Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group …

Hegel’S Theory Of Quantity, David G. Carlson

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Prior to Hegel's time, no philosopher had ever tried to state what "quantity" or "number" was. Hegel undertakes a monumental definition in some of his longest chapters in the Science of Logic. In this paper, the author describes the nature of Hegel's project and how Hegel derives "quantity" from the more primitive concept of "quality." The author also reviews Hegel's critique of calculus, which hereto has received very little attention in English. Finally the author shows how, according to Hegel, the concept of "measure" derives from the unity of quality and quantity. This is the second in a planned nine-part …

Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

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By monitoring and investigating errors in the criminal justice system, innocence commissions could help remedy systemic defects that bring about wrongful convictions.

Joint Teaching With A Colleague, For Just A Week Or Two, Richard Henry Seamon

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A Brief Comment On The Current Eleventh Amendment Jurisprudence Of The Supreme Court, Richard Henry Seamon

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Exploring Paths To Recovery For Osha Whistleblowers: Section 11(C) Of The Oshact And The Public Policy Tort, Monique C. Lillard

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Aim High And A Vision Broad: The Public Responsibilities Of A Public Profession, Donald L. Burnett Jr.

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Remarks Upon The Retirement Of Dean Emeritus And Professor Sheldon A. Vincenti, John A. Miller

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Court Assistance Office Seeks Attorneys To Meet Growing Demand For Legal Services, Patrick D. Costello

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Comparative Forum Non Conveniens And The Hague Judgments Convention, Ronald A. Brand

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This article begins with a discussion of the application of the forum non conveniens doctrine in four common law legal systems. It then briefly notes related concepts applied in the courts of two civil law systems. This discussion is followed in Part IV by a brief history of the negotiations at the Hague Conference on Private International Law for a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters and a review of Articles 21 and 22 of the Interim Text of that Convention created at the June 2001 portion of the Diplomatic Conference. This review allows conclusions …

The Mote In Thy Brother’S Eye: A Review Of Human Rights As Politics And Idolatry, William M. Carter Jr.

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Michael Ignatieffs provocatively titled collection of essays, Human Rights As Politics and Idolatry [hereinafter Human Rights], is a careful examination of the theoretical underpinnings and contradictions in the area of human rights. At bottom, both of his primary essays, Human Rights As Politics and Human Rights As Idolatry, make a claim that is perhaps contrary to the instincts of human rights thinkers and activists: namely, that international human rights can best be philosophically justified and effectively applied to the extent that they strive for minimal ism. Human rights activists generally argue for the opposite conclusion: that international human rights be …

Equal Opportunity, Individual Liberty And Meritocracy In Education: Reinforcing Structures Of Privilege And Inequality, Christian Sundquist

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The paradigm of equal opportunity inevitably seeks to reproduce and maintain structures of class and racial privilege. The deficit story of equal opportunity is as follows: equal opportunity is a truly objective, neutral, and fair method to allocate educational, employment, and political resources to members of society, without regard to race, class, gender or ethnicity. The ideal of equality assumes the possibility of an objective measure of merit under which individuals' free choices and preferences may be evaluated. Accordingly, through the creation of a baseline that presupposes the inherent sameness of all people and disregards systemic discrimination as a fallacy, …

The War On Terrorism And Civil Liberties, Jules Lobel

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Throughout American history, we have grappled with the problem of balancing liberty versus security in times of war or national emergency. Our history is littered with sordid examples of the Constitution's silence during war or perceived national emergency. The Bush Administration’s War on Terror has once again forced a reckoning requiring Americans to balance liberty and national security in wartime. President Bush has stated, "[w]e believe in democracy and rule of law and the Constitution. But we're under attack.” President Bush, Attorney General Ashcroft and other governmental leaders have argued that in war, "the Constitution does not give foreign enemies …

The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker

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No abstract provided.