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Full-Text Articles in Law

Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky Dec 2006

Database Limitations On The Evidentiary Value Of Forensic Mitochondrial Dna Evidence, Frederika A. Kaestle, Ricky A. Kittles, Andrea L. Roth, Edward J. Ungvarsky

Faculty Scholarship

Mitochondrial DNA (mtDNA) typing is increasingly being offered in crimina/jury trials as proof that the defendant is a possible contributor of DNA found at a crime scene. As a prerequisite to introducing such evidence, the prosecution typically must estimate the frequency in the general population of the mtDNA sequence found in the defendant and the crime scene so that jurors can evaluate the probative value of the defendant's inclusion as a potential contributor. The government estimates sequence frequencies by comparing the observed sequence to sequences listed in a racially categorized mtDNA database developed and maintained by the Federal ...


Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson Oct 2006

Ibm's Pragmatic Embrace Of Open Source, Pamela Samuelson

Faculty Scholarship

No abstract provided.


Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon Sep 2006

Section 632: An Expanded Basis Of Federal Jurisdiction For National Banks, Steven M. Davidoff Solomon

Faculty Scholarship

The author explains how national banks can invoke Section 632 jurisdiction more readily than in the past, thus providing a wider avenue for them to gain access to a federal forum.


Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins Sep 2006

Politics, Police, Past And Present: Larry Kramer's The People Themselves A Symposium On The People Themselves: Popular Constitutionalism And Judicial Review: I: Article, Christopher Tomlins

Faculty Scholarship

No abstract provided.


Fairness Opinions, Steven M. Davidoff Solomon Aug 2006

Fairness Opinions, Steven M. Davidoff Solomon

Faculty Scholarship

This Article re-examines the fairness opinion, as well as its role and necessity. Corporate law and regulation, as well as attitudes with respect thereto, have advanced from the hallmark time of Van Gorkom. Finance, a young discipline, has also progressed markedly, and previously held assumptions and methodologies have been rejected, refined, or revised. This Article also analyzes the fairness opinion in light of these developments in law and finance. I conclude that current fairness opinion practice is still deeply flawed. Fairness opinions, and their underlying valuation analyses, are prone to subjectivity and are frequently prepared utilizing methodologies that simply do ...


In This Issue , Christopher Tomlins Aug 2006

In This Issue , Christopher Tomlins

Faculty Scholarship

No abstract provided.


National Security And The Rehnquist Court, John Yoo Aug 2006

National Security And The Rehnquist Court, John Yoo

Faculty Scholarship

No abstract provided.


Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon Jun 2006

Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon

Faculty Scholarship

The article presents a historical interpretation of changes in the penal system of the U.S. Penology is linked with incarceration rate outcomes. Rhetoric is considered in consistency with penalty themes and rehabilitation. The practice of positivist criminology is reflected when proponents viewed themselves as opposition to legal officials' crime control policy ideas.


Copyrighting Standards, Pamela Samuelson Jun 2006

Copyrighting Standards, Pamela Samuelson

Faculty Scholarship

No abstract provided.


The Kennedy Court: October Term 2005, Erwin Chemerinsky Jun 2006

The Kennedy Court: October Term 2005, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Representative Government, Representative Court - The Supreme Court As A Representative Body, Angela Onwuachi-Willig May 2006

Representative Government, Representative Court - The Supreme Court As A Representative Body, Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.


Copyright's Staple Article Of Commerce Doctrine: Patently Misguided, David Nimmer, Peter S. Menell Apr 2006

Copyright's Staple Article Of Commerce Doctrine: Patently Misguided, David Nimmer, Peter S. Menell

Faculty Scholarship

No abstract provided.


This Bridge Called Our Backs: An Introduction To The Future Of Critical Race Feminism, Angela Onwuachi-Willig Mar 2006

This Bridge Called Our Backs: An Introduction To The Future Of Critical Race Feminism, Angela Onwuachi-Willig

Faculty Scholarship

No abstract provided.


Regulating Technical Design, Pamela Samuelson Feb 2006

Regulating Technical Design, Pamela Samuelson

Faculty Scholarship

No abstract provided.


The Role Of Law In Environmental Protection In China: Recent Developments, Alex Wang Jan 2006

The Role Of Law In Environmental Protection In China: Recent Developments, Alex Wang

Faculty Scholarship

No abstract provided.


Challenges To Civilian Control Of The Military: A Rational Choice Approach To The War On Terror, Glenn Sulmasy, John Yoo Jan 2006

Challenges To Civilian Control Of The Military: A Rational Choice Approach To The War On Terror, Glenn Sulmasy, John Yoo

Faculty Scholarship

No abstract provided.


Venture Capital, Agency Costs, And The False Dichotomy Of The Corporation, Robert P. Bartlett Jan 2006

Venture Capital, Agency Costs, And The False Dichotomy Of The Corporation, Robert P. Bartlett

Faculty Scholarship

No abstract provided.


Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert J. Maccoun Jan 2006

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert J. Maccoun

Faculty Scholarship

No abstract provided.


Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman Jan 2006

Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman

Faculty Scholarship

No abstract provided.


Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, K. A. Bamberger Jan 2006

Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, K. A. Bamberger

Faculty Scholarship

Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk--from financial, data and homeland security risk to the risk of conflicts of interest--increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion. This Article argues that this kind of regulation should be viewed, instead, as regulatory "delegation" of the type Congress makes to agencies ...


Looking For Law In China, Stanley Lubman Jan 2006

Looking For Law In China, Stanley Lubman

Faculty Scholarship

No abstract provided.


Introductory Note To Brief Of Amicus Curiae In Ebay V. Mercexchange, Robert P. Merges Jan 2006

Introductory Note To Brief Of Amicus Curiae In Ebay V. Mercexchange, Robert P. Merges

Faculty Scholarship

No abstract provided.


Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo Jan 2006

Hamdan V. Rumsfeld: The Functional Case For Foreign Affairs Deference To The Executive Branch, Julian Ku, John Yoo

Faculty Scholarship

No abstract provided.


Towards A Political Theory Of International Courts And Tribunals, David D. Caron Jan 2006

Towards A Political Theory Of International Courts And Tribunals, David D. Caron

Faculty Scholarship

No abstract provided.


Foreword, David A. Sklansky Jan 2006

Foreword, David A. Sklansky

Faculty Scholarship

No abstract provided.


Editor's Preface, Harry N. Scheiber Jan 2006

Editor's Preface, Harry N. Scheiber

Faculty Scholarship

No abstract provided.


Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall Ross Jan 2006

Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall Ross

Faculty Scholarship

No abstract provided.


The Terrorist Surveillance Program And The Constitution, John Yoo Jan 2006

The Terrorist Surveillance Program And The Constitution, John Yoo

Faculty Scholarship

No abstract provided.


Basic Compensation For Victims Of Climate Change, Daniel A. Farber Jan 2006

Basic Compensation For Victims Of Climate Change, Daniel A. Farber

Faculty Scholarship

Prof. Daniel Farber argues that compensation for harm caused by climate change is a moral imperative, and he surveys various mechanisms that have been used in other circumstances to compensate large numbers of victims for environmental and other harms. In response, Professor Feinberg cautions that significant hurdles remain before any realistic compensation system could be considered, but suggests that the most effective approach may be evolving parallel tracks of civil litigation and government action to address climate harm. Peter Lehner and William Dornbos argue that using common-law doctrines to find greenhouse gas (GHG) emitters liable for harm is a more ...


Method For Reforming The Patent System, A, Peter S. Menell Jan 2006

Method For Reforming The Patent System, A, Peter S. Menell

Faculty Scholarship

No abstract provided.