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Articles 1 - 28 of 28
Full-Text Articles in Law
Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson
Unfinished Business On The Taxpayer Rights Agenda: Achieving Fairness In Transferee Liability Cases, Steve R. Johnson
Articles by Maurer Faculty
No abstract provided.
The Digital Millennium Copyright Act And Library Liability, Fred H. Cate
The Digital Millennium Copyright Act And Library Liability, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
A Kinder, Gentler System Or Capitulations? International Law, Structural Adjustment Policies, And The Standard Of Liberal, Globalized Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Department Of Justice Antitrust Enforcement, 1955-1997: An Empirical Study, Kenneth G. Dau-Schmidt, Joseph C. Gallo, Joseph L. Craycraft, Charles J. Parker
Department Of Justice Antitrust Enforcement, 1955-1997: An Empirical Study, Kenneth G. Dau-Schmidt, Joseph C. Gallo, Joseph L. Craycraft, Charles J. Parker
Articles by Maurer Faculty
This is an empirical study of Department of Justice (DOJ) enforcement of the antitrust laws. Its purpose is fourfold:
1.To update Posner's study "A Statistical Study of Antitrust Enforcement" (Posner, 1970, pp. 365-419).
2.To provide consistent and comparable measures of antitrust enforcement effort by the Department of Justice.
3.To report these measurements in a concise and systematic way in order to encourage empirical studies of antitrust issues.
4.To explore some implications for antitrust issues.
The purpose is to present the overall historical record of DOJ antitrust activity as well as some patterns in that history. More detailed analysis is left …
Principles Of Internet Privacy, Fred H. Cate
Principles Of Internet Privacy, Fred H. Cate
Articles by Maurer Faculty
The definition of privacy developed by Brandeis and Warren and Prosser, and effectively codified by Alan Westin in 1967 - the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others - worked well in a world in which most privacy concerns involved physical intrusions (usually by the government) or public disclosures (usually by the media), which, by their very nature, were comparatively rare and usually discovered.
But that definition's exclusive focus on individual control has grown incomplete in a world in which most privacy concerns involve …
Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters
Indeterminate Claims: New Challenges To Self-Determination Doctrine In Yugoslavia, Timothy W. Waters
Articles by Maurer Faculty
Serbia has two autonomous provinces, with nearly identical constitutional and political claims: heavily Albanian Kosovo and ethnically diverse but Serb-majority Vojvodina. One is headed towards some form of internationally recognized independence; the other almost certainly is not, even though calls for its autonomy have been mounting. What makes the difference?
This article examines what the reasons for these different outcomes show about the changing content of self-determination in an environment of persistent ethnic claims. The defining characteristic of self-determination today is its indeterminacy, which allows policymakers to pursue a broader range of policies than was possible in the era of …
Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson
Reconciling The Juridical Links Doctrine With The Federal Rules Of Civil Procedure And Article Iii, William D. Henderson
Articles by Maurer Faculty
Over the past three decades, the juridical link and concerted action exceptions have evolved from dicta in the Ninth Circuit's decision in La Mar to an amorphous and undertheorized body of case law that has dangerously merged procedural and jurisdictional issues. Drawing on the principles of class action jurisprudence set forth by the Supreme Court in Amchem and Ortiz, lower courts should consider the issues of class certification and Rule 20(a) joinder before turning to the issue of standing under Article III. Under this approach, courts would not be able to reconcile much of the juridical links case law with …
Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum
Rethinking International Insolvency: The Neglected Role Of Choice-Of-Law Rules And Theory, Hannah L. Buxbaum
Articles by Maurer Faculty
Solutions to the problem of international bankruptcy are generally framed as either universalist (arguing that international bankruptcies should be administered in a single forum) or territorialist (arguing in favor of multiple local bankruptcies). This article seeks to expand this debate by using traditional conflicts theory to examine the problem of cross-border bankruptcy. It analyzes the current regime under which cross-border bankruptcies are administered in U.S. courts, concluding that this regime operates as a multilateralist (jurisdiction-selecting) regime. Concluding that multilateralism is an appropriate method for resolving choice-of-law issues in international insolvency, the article analyzes some possible refinements to the current system. …
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
American-Arab -- Getting The Balance Wrong -- Again!, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern
From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern
Articles by Maurer Faculty
In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.
With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Labor Law And Industrial Peace: A Comparative Analysis Of The United States, The United Kingdom, Germany, And Japan Under The Bargaining Model, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on …
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen
Articles by Maurer Faculty
This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Substance And Procedure In Capital Cases: Why Federal Habeas Courts Should Review The Merits Of Every Death Sentence, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.
Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver
Globalization And The U.S. Market In Legal Services: Shifting Identities, Carole Silver
Articles by Maurer Faculty
The article examines the international activities of various segments of the U.S. legal profession and analyzes the impact of these activities on the domestic market in legal services. It takes an empirical approach to the question of how international activities have shaped the profession by chronicling the foreign office activity of more than 70 of the largest U.S. firms. The data presented facilitates new insight into the ways in which U.S. lawyers participate in the international market in legal services. The article reveals that internationalization has resulted in the homogenization of the largest U.S. firms, as they increasingly compete for …
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter
Articles by Maurer Faculty
No abstract provided.
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Inter Partes Patent Reexamination, Mark D. Janis
Inter Partes Patent Reexamination, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole
Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman
Protecting A Space For Creativity: The Role Of A Law School Dean In A Research University, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate
Using Cases As Case Studies For Teaching Administrative Law, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Every Conflicts Decision Is A Promise Broken, Gene R. Shreve
Every Conflicts Decision Is A Promise Broken, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
Call And Response: The Particular And The General, John A. Scanlan
Call And Response: The Particular And The General, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler
Book Review. The Death Penalty: Abolition In Europe, Ralph F. Gaebler
Articles by Maurer Faculty
No abstract provided.
Now V. Scheidler, Round Two, Craig M. Bradley
Now V. Scheidler, Round Two, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.