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Articles 31 - 60 of 111
Full-Text Articles in Law
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca E. Bignami
Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca E. Bignami
Faculty Scholarship
This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting -- the Data Retention Directive. Based on a detailed examination of the Directive's legislative …
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Authorized Managerialism Under The Federal Rules— And The Extent Of Convergence With Civil-Law Judging, Thomas D. Rowe Jr.
Faculty Scholarship
This article, part of a symposium marking the fortieth anniversary of the United States District Court for the Central District of California, first surveys the (very considerable) extent to which changes in the Federal Rules of Civil Procedure over the past quarter century have expanded and legitimized the pretrial managerial powers of federal trial-court judges. It then turns to an issue sometimes touched on in prior literature--whether the move toward greater managerialism departs from the "adversarial" model of the judge as passive referee and makes us more like supposedly "inquisitorial" civil-law systems. To the extent that civil-law judges generally exercise …
Legal Information And The Development Of American Law: Writings On The Form And Structure Of The Published Law, Richard A. Danner
Legal Information And The Development Of American Law: Writings On The Form And Structure Of The Published Law, Richard A. Danner
Faculty Scholarship
Robert C. Berring's writings about the impacts of electronic databases, the Internet, and other communications technologies on legal research and practice are an essential part of a larger literature that explores the ways in which the forms and structures of published legal information have influenced how American lawyers think about the law. This paper reviews Berring's writings, along with those of other writers concerned with these questions, focusing on the implications of Berring's idea that in the late nineteenth century American legal publishers created a "conceptual universe of thinkable thoughts" through which U.S. lawyers came to view the law. It …
Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener
Think Globally, Act Globally: The Limits Of Local Climate Policies, Jonathan B. Wiener
Faculty Scholarship
State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation. But even assuming that forestalling global climate change is urgently needed, state-level action is not the best way to do so. Acting locally is not well suited to regulating moveable global conduct yielding a global externality. Legally, state-level action confronts several obstacles, including …
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca E. Bignami
Faculty Scholarship
Antiterrorism intelligence sharing across national borders has been trumpeted as one of the most promising forms of networked global governance. By exchanging information across the world, government agencies can catch terrorists and other dangerous criminals. Yet this new form of global governance is also one of the most dangerous. Even at the domestic level, secrecy and national security imperatives have placed intelligence agencies largely beyond legal and democratic oversight. But at the global level, accountability is missing entirely. Global cooperation among national intelligence agencies is extraordinarily opaque. The nature of the international system compounds the problem: these actors do not …
Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray
Rebuilding Illinois Brick: A Functionalist Approach To The Indirect Purchaser Rule, Barak D. Richman, Christopher R. Murray
Faculty Scholarship
The landmark case of Illinois Brick Co. v. Illinois, which denied standing to indirect purchasers to sue antitrust violators, has been subjected to steady and widespread criticism since it was decided in 1977. Despite three decades of dissatisfaction, however, debate over indirect purchaser standing has failed to generate satisfying solutions that meet the objectives of antitrust law and reflect its underlying principles. We attribute the lack of creative alternatives to an undue emphasis on legal formalism, fostered both by the Supreme Court's elaboration of the indirect purchaser rule and the doctrine's failure to recognize the pervasiveness of multilayer supply chains. …
Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington
Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington
Faculty Scholarship
Abstract not available
The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott
The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott
Faculty Scholarship
No abstract provided.
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller
The Duke Lacrosse Case, Innocence, And False Identifications: A Fundamental Failure To “Do Justice, Robert P. Mosteller
Faculty Scholarship
The Duke lacrosse case was a disaster - a caricature. The case, which involved false rape charges against three Duke University lacrosse players, began with gang rape allegations by an exotic dancer at a team party in March 2006 and ended with the declaration of their innocence in April 2007 and the disbarment of Durham County District Attorney Mike Nifong in June of that year. Often a full examination of the facts of a notorious case reveals that events were ambiguous and the reality is not as bad as early reports suggested. This case does not fit that pattern; it …
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
State And Foreign Class-Action Rules And Statutes: Differences From - And Lessons For? - Federal Rule 23, Thomas D. Rowe Jr.
Faculty Scholarship
No abstract provided.
A Teacher (A Tribute To James Boyd White), H. Jefferson Powell
A Teacher (A Tribute To James Boyd White), H. Jefferson Powell
Faculty Scholarship
Tribute to Professor J.B. White
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Challenging Direct Democracy, Erwin Chemerinsky
Challenging Direct Democracy, Erwin Chemerinsky
Faculty Scholarship
I want to argue today that direct democracy is undesirable and unconstitutional. I want to argue to you that the Supreme Court should find that the Michigan Civil Rights Initiative is unconstitutional, and strike it down. So I want to make two points. First, I am going to argue that direct democracy is undesirable. This is a normative argument; it’s not an argument about constitutional doctrine. Second, I want to argue that direct democracy is unconstitutional, and make a series of different arguments as to why.
Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz
Where Have All The Parties Gone? Fraenkel And Grofman On The Alternative Vote - Yet Again, Donald L. Horowitz
Faculty Scholarship
The alternative vote (AV) is a preferential electoral system that tends to reward political moderation and compromise. Fraenkel and Grofman have repeatedly attempted to show that AV is not conducive to inter-ethnic moderation in severely divided societies. In this response to their latest attempt,the author points out that neither political party coordination of the vote nor strategic voting plays any part in their analysis. In contrast, he explains how moderate parties of one ethnic group are able to induce their supporters to cast ballots for moderate parties supported by voters of another ethnic group. Prof. Horowitz also explains why the …
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Injunctions In Defamation Cases, Erwin Chemerinsky
Injunctions In Defamation Cases, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Rediscovering Brandeis’S Right To Privacy, Erwin Chemerinsky
Rediscovering Brandeis’S Right To Privacy, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The State-Created Danger Doctrine, Erwin Chemerinsky
The State-Created Danger Doctrine, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis
Contracts Without Law: Sovereign Versus Corporate Debt, Mitu Gulati, George G. Triantis
Faculty Scholarship
Although extralegal enforcement is widely acknowledged, the conventional understanding of written contract provisions, such as the complex and detailed provisions in bond contracts, is that they are drafted to be enforced by law. This framing neglects the value of contracts in shaping extralegal forces, particularly where litigation is unlikely or not possible. Sovereign debt contracts provide an example in which lengthy and detailed contracts play a key role even though the debtor is largely litigation-proof. We examine how contract provisions in sovereign debt contracts improve the efficiency of creditor control outside the realm of legal enforcement.
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Thomas B. Metzloff, Ralph A. Peeples, Catherine T. Harris
Faculty Scholarship
No abstract provided.
A Reverse Notice And Takedown Regime To Enable Public Interest Uses Of Technically Protected Copyrighted Works, Jerome H. Reichman, Graeme B. Dinwoodie, Pamela Samuelson
A Reverse Notice And Takedown Regime To Enable Public Interest Uses Of Technically Protected Copyrighted Works, Jerome H. Reichman, Graeme B. Dinwoodie, Pamela Samuelson
Faculty Scholarship
No abstract provided.
Some Notes On Principled Pragmatism, Christopher H. Schroeder
Some Notes On Principled Pragmatism, Christopher H. Schroeder
Faculty Scholarship
Symposium dedicated to the work of Professor Paul J. Mishkin. This article examines several articles by Mishkin. One of the ideas developed here stresses the importance of being mindful of the wider context within which the Supreme Court operates.
Stalking The Yeti: Protective Jurisdiction, Foreign Affairs Removal, And Complete Preemption, Ernest A. Young
Stalking The Yeti: Protective Jurisdiction, Foreign Affairs Removal, And Complete Preemption, Ernest A. Young
Faculty Scholarship
Symposium dedicated to the work of Professor Paul J. Mishkin. This essay explores the Mishkin's theory of protective jurisdiction and applyies it to contemporary controversies.
The Theory And Practice Of Tax Reform, Lawrence A. Zelenak
The Theory And Practice Of Tax Reform, Lawrence A. Zelenak
Faculty Scholarship
Reviewing, President's Advisory Panel on Federal Tax Reform, Simple, Fair, and Pro-Growth: Proposals to Fix America's Tax System (2005).By The President’s Advisory Panel on Federal Tax Reform. 2005. Available at: http://www.taxreformpanel.gov/final-report/
The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman
The Fifth Amendment And The Grand Jury, Sara Sun Beale, James E. Felman
Faculty Scholarship
No abstract provided.
Writing Other Peoples’ Constitutions, Paul D. Carrington
Writing Other Peoples’ Constitutions, Paul D. Carrington
Faculty Scholarship
No abstract provided.
High Poverty Schools And The Distribution Of Teachers And Principals, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor, Justin Wheeler
High Poverty Schools And The Distribution Of Teachers And Principals, Charles T. Clotfelter, Helen F. Ladd, Jacob L. Vigdor, Justin Wheeler
Faculty Scholarship
Although many factors combine to make a successful school, most people agree that quality teachers and school principals are among the most important requirements for success, especially when success is defined by the ability of the school to raise the achievement of its students. The central question for this study is how the quality of the teachers and principals in high-poverty schools in North Carolina compares to that in the schools serving more advantaged students. A related question is why these differences emerge. The consistency of the patterns across many measures of qualifications for both teachers and principals leaves no …
Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin
Compelled Cooperation And The New Corporate Criminal Procedure, Lisa Kern Griffin
Faculty Scholarship
In response to the broad scope of the Enron-era frauds, the federal government has adopted novel strategies to investigate and prosecute corporate crimes. This Article examines the use of stringent cooperation requirements and deferred prosecution agreements, pursuant to which corporate internal investigations have become extensions of government enforcement efforts. At the same time, liability has shifted markedly to the employee level: Over one thousand individuals have been indicted and convicted since the July 2002 creation of the Corporate Fraud Task Force, while few corporations have been charged. The convergence of corporate cooperation doctrine with the focus on individual targets results …
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller
Police Deception Before Miranda Warnings: The Case For Per Se Exclusion Of An Entirely Unjustified Practice At A Particularly Sensitive Moment, Robert P. Mosteller
Faculty Scholarship
This essay focuses on the limits of deception practiced before the suspect waives his or her rights under Miranda v. Arizona (1966). In Miranda, the Court stated: [A]ny evidence that the accused was threatened, tricked, or cajoled into a waiver will, of course, show that the suspect did not voluntarily waive his privilege. The quotation appears to forbid any evidence of threats, tricks, or cajolery, which contributes to a waiver of the privilege, creating a per se exclusion. However, in Moran v. Burbine (1986), the Court shifts focus away from the nature of the police conduct to its effect on …