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Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson Jan 2013

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan L. Jacobowitz, Kelly Rains Jesson

Articles

No abstract provided.


From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine Jan 2013

From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine

Articles

No abstract provided.


Colonizing Humanity, Kunal Parker Jan 2013

Colonizing Humanity, Kunal Parker

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No abstract provided.


Inside The Black Box, Robert Rosen Jan 2013

Inside The Black Box, Robert Rosen

Articles

No abstract provided.


Copyright In Teams, Anthony J. Casey, Andres Sawicki Jan 2013

Copyright In Teams, Anthony J. Casey, Andres Sawicki

Articles

Dozens of people worked together to produce Casablanca. But a single person working alone wrote The Sound and the Fury. While almost all films are produced by large collaborations, no great novel ever resulted from the work of a team. Why does the frequency and success of collaborative creative production vary across art forms?

The answer lies in significant part at the intersection of intellectual property law and the theory of the firm. Existing analyses in this area often focus on patent law and look almost exclusively to a property-rights theory of the firm. The implications of organizational theory for ...


Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby Jan 2013

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

Articles

No abstract provided.


Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer Jan 2013

Community Syndicalism For The United States: Democratic Production In Resisting Hegemonic Globalization And Law, Kenneth M. Casebeer

Articles

No abstract provided.


"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer Jan 2013

"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer

Articles

No abstract provided.


From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley Jan 2013

From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley

Articles

No abstract provided.


Class Actions All The Way Down, Sergio J. Campos Jan 2013

Class Actions All The Way Down, Sergio J. Campos

Articles

No abstract provided.


The Conventional Option, Gregory Koger, Sergio J. Campos Jan 2013

The Conventional Option, Gregory Koger, Sergio J. Campos

Articles

The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the "conventional option," which allows the filibuster to be reformed by a simple majority of senators at any time using ordinary Senate procedures. As we show below, a majority of senators using the conventional option (1) cannot be filibustered; (2) can act on any day the Senate is in session (not just at the beginning ...


Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos Jan 2013

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

Articles

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each ...


The Contraception Mandate, Caroline Mala Corbin Jan 2013

The Contraception Mandate, Caroline Mala Corbin

Articles

Under the new health care regime, health insurance plans must cover contraception. While religious employers are exempt from this requirement, religiously affiliated employers are not. Several have sued, claiming that the "contraception mandate" violates the Free Exercise Clause, the Free Speech Clause, and the Religious Freedom Restoration Act. This Essay explains why the contraception mandate violates none of them.


Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill Jan 2013

Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill

Articles

No abstract provided.


Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock Jan 2013

Guantánamo Military Commissions: “Judicial Approval And Guidance”, Christina Frohock

Articles

No abstract provided.


Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman Jan 2013

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

Articles

Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive ...


Copyright Freeconomics, John M. Newman Jan 2013

Copyright Freeconomics, John M. Newman

Articles

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in ...


Future Present?, Patrick O. Gudridge Jan 2013

Future Present?, Patrick O. Gudridge

Articles

No abstract provided.


Balkan Ghosts, Patrick O. Gudridge Jan 2013

Balkan Ghosts, Patrick O. Gudridge

Articles

No abstract provided.


Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López Jan 2013

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.


Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López Jan 2013

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

Articles

No abstract provided.


Presumptive Collection: An Innovative Proposal For A Notoriously Difficult Problem, Leigh Osofsky Jan 2013

Presumptive Collection: An Innovative Proposal For A Notoriously Difficult Problem, Leigh Osofsky

Articles

No abstract provided.


The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock Jan 2013

The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock

Articles

No abstract provided.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary Jan 2013

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

Articles

No abstract provided.


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave Jan 2013

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi Jan 2013

"Smut And Nothing But": The Fcc, Indecency, And Regulatory Transformations In The Shadows, Lili Levi

Articles

No abstract provided.


Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri Jan 2013

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.


"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri Jan 2013

"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri

Articles

No abstract provided.


Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig Jan 2013

Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig

Articles

This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities ...


"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin Jan 2013

"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin

Articles

No abstract provided.