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2019

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Full-Text Articles in Law

Introduction, Loretta Price Dec 2019

Introduction, Loretta Price

College of Law Library History

This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law


Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa Dec 2019

Employee Mobility And The Low Wage Worker: The Illegitimate Use Of Non-Compete Agreements, Jacqueline A. Carosa

The Docket

No abstract provided.


The "License As Tax" Fallacy, Jonathan M. Barnett Dec 2019

The "License As Tax" Fallacy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Intellectual property licenses are commonly portrayed as a “tax” that limits access to technology assets, thereby stunting innovation by intermediate users and inflating prices for end-users. This presumptively skeptical view motivated postwar antitrust’s proliferation of per se rules against a wide array of licensing practices and, more recently, has driven recent Supreme Court decisions on IP licensing and enforcement actions by competition regulators in the U.S. and other commercially significant jurisdictions that would effectively rewrite licensing arrangements in wireless communication markets. Renewed skepticism toward IP licensing, and associated judicial and regulatory interventions, overlook the fact that IP licenses ...


Brief Of Professors Of Law, Us V. Bergdahl, Joshua E. Kastenberg, Rachel E. Vanlandingham, Geoffrey S. Corn Dec 2019

Brief Of Professors Of Law, Us V. Bergdahl, Joshua E. Kastenberg, Rachel E. Vanlandingham, Geoffrey S. Corn

Faculty Scholarship

When scrutinizing executive actions for unlawful command influence, this Court must account for a president’s immense power over the military. The extant judicial test for unlawful command influence – a violation of due process in the military setting – is a contextual one, and hence must consider the unique and unparalleled authority of the Commander-In-Chief over the military and individual service-members when the president’s actions are at issue. This executive power should also be evaluated in light of its myriad, and historically important, constitutional and statutory constraints – some predating the birth of the United States – that appropriately continue to shape ...


A Current Update Of Epcrs Through Rev. Proc. 2019-19, 47 Tax Mgmt. Comp. Plan. J. 1 (Dec. 6, 2019), Kathryn J. Kennedy Dec 2019

A Current Update Of Epcrs Through Rev. Proc. 2019-19, 47 Tax Mgmt. Comp. Plan. J. 1 (Dec. 6, 2019), Kathryn J. Kennedy

UIC John Marshall Law School Open Access Faculty Scholarship

No abstract provided.


Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon Dec 2019

Children's Concealment Of A Minor Transgression: The Role Of Age, Maltreatment, And Executive Functioning, Shanna Williams, Kelly Mcwilliams, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

This study examined the role of age, maltreatment status, and executive functioning (EF) on 752 4- to 9-year-old maltreated and nonmaltreated children’s recall disclosure of a transgression in which they appeared to have broken toys while playing with a stranger. Interviewers used narrative practice rapport-building and then questioned children with free recall and cued recall questions. Younger and maltreated children were more likely to disclose during rapport-building, whereas older and nonmaltreated children were more likely to disclose in response to recall questions. Working memory deficits appeared to mediate the relation between children’s characteristics and disclosure during rapport, but ...


The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon Dec 2019

The Effects Of The Putative Confession And Evidence Presentation On Maltreated And Non-Maltreated 9- To 12-Year-Olds' Coached Concealment Of A Minor Transgression, Angela Evans, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

The present study examined the influence of the putative confession (in which children are told that the suspect told them “everything that happened” and “wants [the child] to tell the truth”) and evidence presentation on 9- to 12-year-old maltreated and non-maltreated children’s disclosure (N = 321). Half of the children played a forbidden game with an adult confederate which resulted in a laptop breaking (no transgression occurred for the other half of children), followed by coaching to conceal the forbidden game and to falsely disclose the sanctioned game. Children were then interviewed about the interaction with the confederate. Among the ...


Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon Dec 2019

Forensic Interviewers' Difficulty With Invitations: Faux Invitations And Negative Recasting, Hayden M. Henderson, Natalie Russo, Thomas D. Lyon

University of Southern California Legal Studies Working Paper Series

An ongoing challenge for forensic interviewers is to maximize their use of invitations, such as requests that the child “tell me more about” details mentioned by the child. Examining 434 interviews with 4- to 12-year-old children questioned about abuse, this study analyzed (1) faux invitations, in which interviewers prefaced questions with “tell me” but then asked a non-invitation, (2) negative recasts, in which interviewers started to ask an invitation but then recast the question as a wh- or option-posing question and (3) other aspects of questions that may relate to productivity independent of their status as invitations. About one fourth ...


The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz Dec 2019

The Influencers: Facebook’S Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around ...


The New Gatekeepers: Private Firms As Public Enforcers, Rory Van Loo Dec 2019

The New Gatekeepers: Private Firms As Public Enforcers, Rory Van Loo

Faculty Scholarship

The world’s largest businesses must routinely police other businesses. By public mandate, Facebook reviews app developers’ privacy safeguards, Citibank audits call centers for deceptive sales practices, and Exxon reviews offshore oil platforms’ environmental standards. Scholars have devoted significant attention to how policy makers deploy other private enforcers, such as certification bodies, accountants, lawyers, and other periphery “gatekeepers.” However, the literature has yet to explore the emerging regulatory conscription of large firms at the center of the economy.

This Article examines the rise of the enforcer-firm through case studies of the industries that are home to the most valuable companies ...


Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo Dec 2019

Critical Issues In Transportation 2019: Climate Change Resilience, Vicki Arroyo

Georgetown Law Faculty Publications and Other Works

The climate is rapidly changing, bringing more frequent and extreme floods, droughts, and heatwaves, along with stronger hurricanes and more intense wildfires. Each year brings new record-breaking weather extremes; in the first six months of 2019, for example, a record number of U.S. counties flooded. July 2019 was the hottest month ever recorded for the world as a whole (1). Climate change is also melting glaciers, reducing the amount of sea ice, and raising sea levels, bringing devastation to coastal areas. From Louisiana to Alaska, many coastal communities are forced to make difficult decisions about whether to relocate to ...


Vol. 57, No. 13 (November 25, 2019) Nov 2019

Vol. 57, No. 13 (November 25, 2019)

Indiana Law Annotated

No abstract provided.


"Remembering Betsy" By Her Two Professors And Editors, Thomas Green, Dirk Hartog Nov 2019

"Remembering Betsy" By Her Two Professors And Editors, Thomas Green, Dirk Hartog

Tributes

On November 23, 2019, immediately following the conclusion of the annual meeting of the American Society for Legal History, Boston University School of Law held a ceremony marking the opening of an archive devoted to the scholarship of Elizabeth Clark. Betsy Clark, who taught at BU before her untimely death in 1997, was an important presence in the world of legal history in the 1980s and early 1990s. And the archive includes a number of short “responses” to her scholarship. Her colleagues David Seipp and Pnina Lahav were responsible for making the archive a reality.


Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann Nov 2019

Federal Research: Additional Actions Needed To Improve Public Access To Research Results, John Neumann

Copyright, Fair Use, Scholarly Communication, etc.

Why GAO Did This Study --Research and development helps catalyze breakthroughs that improve the overall health and wellbeing of our society. Federal research and development expenditures averaged about $135 billion annually for fiscal years 2015 to 2017. According to OSTP, providing free public access to federally funded research results can improve both the impact and accountability of this important federal investment. In February 2013, OSTP directed federal agencies with more than $100 million in annual research and development expenditures to develop a plan to support increased public access to the results of federally funded research.

GAO was asked to examine ...


How Can Congress Prevent The Issuance Of Poor Quality Patents? Questions For The Record For Colleen V. Chien, Colleen V. Chien Nov 2019

How Can Congress Prevent The Issuance Of Poor Quality Patents? Questions For The Record For Colleen V. Chien, Colleen V. Chien

Faculty Publications

This is a submission of responses by Prof. Colleen Chien to questions for the record posed by Sen. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) at a October 30th hearing of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, entitled, "Promoting the Useful Arts: How can Congress prevent the issuance of poor quality patents?"


Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph Nov 2019

Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court's Establishment Clause jurisprudence is all over the place. The current justices have widely divergent views on the Establishment Clause's meaning, and the Lemon test has been widely panned by several justices. Originalist judges, however, have had a fairly consistent approach to interpreting the Establishment Clause. This largely stems from their reliance on history. This Note argues that their use of history in analyzing the Establishment Clause is flawed. Originalist Establishment Clause jurisprudence has been and is criticized for being unprincipled. And those criticisms are correct. Originalists encounter such criticism because the justices struggle to reconcile ...


The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough Nov 2019

The Impact Of Edwards V. Aguillard On Science Education In Louisiana Public Schools, Abigail Mcdonough

Senior Honors Theses

The landmark Louisiana case Edwards v. Aguillard ushered in a new era of legislation in which certain ideas are discriminated against because of their religious basis. Due to the Court’s misinterpretation of evidence and employment of a faulty test for a secular purpose, the Court is responsible for disastrous and far-reaching implications. This thesis will examine how the 1987 Supreme Court case Aguillard shifted American science education away from the exploration of multiple competing theories of man’s origins in the classroom. Although America was founded on principles such as freedom of religion and thought which should be protected ...


The "Statutory Rape" Myth: A Case Law Study Of Sexual Assaults Against Adolescent Girls, Isabel Grant, Janine Benedet Nov 2019

The "Statutory Rape" Myth: A Case Law Study Of Sexual Assaults Against Adolescent Girls, Isabel Grant, Janine Benedet

Faculty Publications

This article examines three years of Canadian case law involving sexual offences against adolescent girls between the ages of twelve and seventeen inclusive, with a view to identifying the types of cases that are making it to court, whether these cases are resulting in convictions, and what are the types of sentences being imposed on individuals convicted of these offences. A significant majority of cases under review involved men considerably older than the complainant. The average age difference between the accused and the complainant was nineteen years and, where family members were excluded, 15.6 years. The small number of ...


Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie Nov 2019

Assessing Sexually Harassing Conduct In The Workplace: An Analysis Of Bc Human Rights Tribunal Decisions In 2010–16, Bethany Hastie

Faculty Publications

Sexual harassment in the workplace was first recognized as a form of discrimination in the 1980s. Since that time, the concepts of sexual harassment and discrimination have evolved substantially. This article explores how human rights tribunals address complaints of sexual harassment in the workplace through a case analysis of BC Human Rights Tribunal decisions from 2010 to 2016. Focusing on an examination of how the tribunal determines what constitutes sexually harassing conduct, this article suggests that, while human rights tribunals are advancing in their understanding and analysis of sexual harassment claims, there remain inherent limitations associated with the individualized nature ...


Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder Nov 2019

Open Access: Could Defeat Be Snatched From The Jaws Of Victory?, Richard Poynder

Copyright, Fair Use, Scholarly Communication, etc.

When news broke early in 2019 that the University of California had walked away from licensing negotiations with the world’s largest scholarly publisher (Elsevier), a wave of triumphalism spread through the OA Twittersphere. The talks had collapsed because of Elsevier’s failure to offer UC what it demanded: a new-style Big Deal in which the university got access to all of Elsevier’s paywalled content plus OA publishing rights for all UC authors – what UC refers to as a “Read and Publish” agreement. In addition, UC wanted Elsevier to provide this at a reduced cost.1 Given its size ...


Watching Insider Trading Law Wobble: Obus, Newman, Salman And Two Martomas, Donald C. Langevoort Nov 2019

Watching Insider Trading Law Wobble: Obus, Newman, Salman And Two Martomas, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

“The crime of insider trading,” Judge Jed Rakoff has said, “is a straightforward concept that some courts have somehow managed to complicate.” In the last eight years or so, insider trading law has wobbled visibly (in the Second Circuit in particular) in applying the standard for tipper-tippee liability originally set in the Supreme Court’s Dirks decision in 1983: from Obus (2012) to Newman (2014), with a detour to the Supreme Court in Salman (2016), and most recently in two Martoma opinions (2017 and 2018). This essay is about the wobble, with particular attention to the question addressed in Martoma ...


The Digital Services Tax As A Tax On Location-Specific Rent, Wei Cui, Nigar Hashimzade Nov 2019

The Digital Services Tax As A Tax On Location-Specific Rent, Wei Cui, Nigar Hashimzade

Faculty Publications

In 2018, the European Council and the UK and Spanish governments each proposed to introduce a Digital Services Tax (DST), to be levied on the revenue of large digital platforms from advertising, online intermediation, and/or the transmission of data. We offer a rationalization of the DST as a tax on location-specific rent (LSR). That is, just as many countries already levy royalties on rent from extracting natural resources, one can think of the DST as levied on rent earned by digital platforms from particular locations. We provide stylized illustrations of how platform rent can be assigned to specific locations ...


When Do Chinese Subnational Governments Make Law?, Wei Cui, Jiang Wan Nov 2019

When Do Chinese Subnational Governments Make Law?, Wei Cui, Jiang Wan

Faculty Publications

How often does law get made in China, and what kinds of law? We construct a dataset on subnational lawmaking to address these questions. The dataset builds on a basic insight: Chinese politicians choose among three types of instruments to implement policy—statutes, regulations, and informal policy directives (IPDs). IPDs are easier to promulgate than statutes and regulations, and the fact that they lack the force of law rarely impedes enforcement. Why then do politicians make law at all? Several findings shed light on this puzzle. First, the choice between formal lawmaking and IPDs depends on the policy subject. Second ...


Vol. 57, No. 12 (November 18, 2019) Nov 2019

Vol. 57, No. 12 (November 18, 2019)

Indiana Law Annotated

No abstract provided.


America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr. Nov 2019

America Is No Longer Taking The Tired, The Poor, The Huddled Masses Yearning To Breathe Free, Victor Gonzalez, Jr.

GGU Law Review Blog

In recent years, the Executive Office of the United States has engaged in a series of unprecedented moves, making it extremely difficult for immigrants to apply for asylum. The directives from President Donald Trump serve to discourage immigrants from attempting to make the trip across the United States-Mexico border. For others, the directives serve as a stern warning.


Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden Nov 2019

Law Symposium: Adjudicating Sexual Misconduct On Campus: Title Ix And Due Process In Uncertain Times, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton Nov 2019

Framing The Chicago School Of Antitrust Analysis, Herbert J. Hovenkamp, Fiona Scott Morton

Faculty Scholarship at Penn Law

The Chicago School of antitrust has benefited from a great deal of law office history, written by admiring advocates rather than more dispassionate observers. This essay attempts a more neutral stance, looking at the ideology, political impulses, and economics that produced the Chicago School of antitrust policy and that account for its durability.

The origins of the Chicago School lie in a strong commitment to libertarianism and nonintervention. Economic models of perfect competition best suited these goals. The early strength of the Chicago School of antitrust was that it provided simple, convincing answers to everything that was wrong with antitrust ...


Observations Of Professor Gabor Rona On The Pre-Trial Chamber's Conclusion That Events Beyond The Territory Of Afghanistan Lack Sufficient Nexus To The Armed Conflict There For Pruposes Of Application Of Rome Statute War Crimes, Gabor Rona Nov 2019

Observations Of Professor Gabor Rona On The Pre-Trial Chamber's Conclusion That Events Beyond The Territory Of Afghanistan Lack Sufficient Nexus To The Armed Conflict There For Pruposes Of Application Of Rome Statute War Crimes, Gabor Rona

Briefs

Prof. Gabor Rona, Director of CLIHHR's Law and Armed Conflict Project, submitted an amicus brief to the International Criminal Court (ICC) in connection with the Prosecutor's request to commence an investigation into international crimes arising out of the situation in Afghanistan. A Pre-Trial Chamber (PTC) had rejected the Prosecutor's request to investigate CIA war crimes arising from secret detention and torture of detainees at "black sites" in Poland, a State Party to the ICC Treaty. The PTC held that those events lacked sufficient nexus to the armed conflict in Afghanistan. Rona argues to the Appellate Chamber that ...


The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans Nov 2019

The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans

Articles, Chapters and Online Publications

Rachel Evans crafts a short history of Open Educational Resources and provides a list of tools and other sites for exploring and creating Open Access Textbooks and other materials. The post also recounts a recent Open Access event at UGA Law Library and compares the perils of generationally divided views on access to quality yet affordable education to the clash of tradition and modernity in a particular film The Flavor of Green Tea Over Rice. To close the piece she encourages members to participate in the recently shared ALL-SIS (Academic Law Libraries Special Interest Section) survey about Open Educational Resources ...


Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish Nov 2019

Dean's Desk: Students Find Clerkships In Smaller Counties Rewarding, Austen L. Parrish

Austen Parrish (2014-)

The students at the Indiana University Maurer School of Law come to Bloomington from all over the nation. During their summers, the temptation is for them to work in the country’s largest cities, often with the majority working in Indianapolis, Chicago, Washington, D.C., and New York. Many others work in our innovative Stewart Fellows global internship program, where students are placed in countries throughout the world.

Fewer students, however, choose to work in Indiana’s smaller towns, and the hundreds of trial court judges working there often need help. Many trial courts have crowded dockets and limited staffing ...