Law Commons^™

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Laura Quilter

Amicus on behalf of the Internet Archive and the CCIA, requesting the Supreme Court of the United States to deny the petition for certiorari in the MGM v. Grokster case.

Mgm V. Grokster, Brief Amici Curiae Of The Computer & Communications Industry Association And Internet Archive, In Opposition To The Writ Of Certiorari, To The United States Supreme Court, Laura Quilter, Peter Jaszi

Peter Jaszi

War, Responsibility, And The Age Of Terrorism, John C. Yoo

John C Yoo

This Article questions the widely-held view, expressed most clearly by John Hart Ely's War and Responsibility, that Congress must provide ex ante approval for all uses of force. It critiques Ely's approach, both his method of constitutional interpretation and his substantive goals for the war-making process. It proposes a different vision for war powers that provides more flexibility to the political branches. It then argues that a Congress-first process does not produce its desired substantive outcomes, and questions whether the costs and benefits of different war-making processes are sufficiently clear to cement one into place as a matter of constitutional …

Mitigation And The Americans With Disabilities Act, Jill Elaine Hasday

Jill Elaine Hasday

It is an open question whether the prohibition on employment discrimination in the Americans with Disabilities Act (ADA) protects plaintiffs who have not attempted to mitigate the effect of their disability on their ability to work. Suppose, for example, that a job applicant has severely impaired vision because of a corneal disease. He can have corneal transplant surgery that his doctors recommend and expect will allow him to see much more clearly, but he does not want to have the surgery because of the complications sometimes associated with the operation and the possibility that the surgery will not work. He …

A Figura Do Estipulante Na Ação Direta Da Vítima No Seguro Obrigatório De Responsabilidade Civil, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Overcorrection, Ehud Guttel

Ehud Guttel

Models of rational thinking assume that individuals who need to add information and then subtract it will return to their original starting point. Empirical studies, however, show that individuals exposed to such addition-subtraction processes systematically tend to overcorrect. One study, for example, compared evaluations of two job candidates. The first candidate had two positive recommendation letters. The second candidate had a third, negative letter that was eventually discovered to be irrelevant. Participants perceived the second candidate as better, even though, in the end, both candidates presented the same information. The introduction and later rejection of the negative information led to …

Guns, Crime, And The Impact Of State Right-To-Carry Laws, John Donohue

John Donohue

No abstract provided.

An Invitation To The Rulemakers--Strike Rule 9(B), Christopher M. Fairman

Christopher M Fairman

No abstract provided.

What Does The Public Get? Experimental Use And The Patent Bargain, Katherine J. Strandburg

Katherine J. Strandburg

This article deals with the increasing tension between the tradition of protecting commercially valuable inventions through patenting and the need for a robust public domain of freely available technical information as a springboard for further research. The “experimental use exemption,” permitting some unauthorized research uses of patented inventions, might be used to relieve some of this tension. However, the scope of the research exemption has been shrunk so far by recent Federal Circuit opinions that even basic university research is not excused from infringement liability. This article returns to the first principles of patent law -- the incentives to invent …

Appointed To The Scientific Committee Of The European Centre For Life Sciences, Health, And The Courts At The Collegio Ghislieri At The University Of Pavia, Charles Baron

Charles H. Baron

No abstract provided.

Jobs, Christian Johnson

Christian A. Johnson

Debate Club: Should The Ninth Circuit Be Divided?, Jennifer Spreng, Carl Tobias

Jennifer E Spreng

No abstract provided.

Clarifying The Law On Post-Employment Covenants, E. Joan Blum

E. Joan Blum

No abstract provided.

Six Tips For Making Briefs More Persuasive, Susan Duncan

Susan Duncan

This short bar article suggests several techniques for improving briefs.

Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons

Daniel Lyons

No abstract provided.

The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Inadvertent Disclosure: A Cautionary Tale Of A Speakerphone And A Voicemail Message , Grace M. Giesel

Grace M. Giesel

No abstract provided.

Write The Cites Right—Part Ii, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

Gatekeeping, Peter B. Oh

Peter B. Oh

No abstract provided.

Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner

Laura Quilter

No abstract provided.

Radio Frequency Id And Privacy With Information Goods, Laura Quilter, Nathan Good, John Han, Elizabeth Miles, David Molnar, Deirdre Mulligan, Jennifer M. Urban, David Wagner

Jennifer M. Urban

No abstract provided.

Expert Witness Says Disney Had Cause To Fire President, John Donohue

John Donohue

The Walt Disney Company should have fired Michael S. Ovitz because of his "substantial and repeated dishonesty," a legal specialist testified yesterday in support of the shareholders who are suing Disney's directors over Mr. Ovitz's $140 million severance package.

Ovitz Performance In Disney Role Is Faulted At Trial, John Donohue

John Donohue

Former Walt Disney Co. President Michael Ovitz's job performance and spending habits came under attack during testimony in a Delaware court case, as an expert witness said Disney's directors could have fired Mr. Ovitz for cause, rather than giving him the no‐fault termination he received. John J. Donohue, a Yale University law professor and witness for a group of Disney shareholders, testified that his review of California law, of Mr. Ovitz's employment contract and of depositions in the case showed that Disney's board had the right not to grant Mr. Ovitz a no‐ fault termination, which resulted in an estimated …

Disney Had Good Reason To Fire Ovitz, John Donohue

John Donohue

GEORGETOWN, Del., Oct 21 (Reuters) - Walt Disney Co. (DIS.N) should have fired Michael Ovitz rather than paying him $140 million in severance, a legal expert testified on Thursday in support of shareholders suing the Disney board. Shareholders are demanding that the severance and interest - a sum that could total about $200 million - be returned to the company, claiming that the board was asleep at the wheel when they approved the deal and that Ovitz failed miserably in his 14 months as president. In the second day of a trial that is being closely watched in corporate boardrooms, …

Property And Contract: Toward A Clearer Understanding Of The Hague Convention On The Law Applicable To Certain Rights In Respect Of Securities, James S. Rogers

James S. Rogers

No abstract provided.

Taped Confession, A Bag Of Tricks, Timothy O'Neill

Timothy P. O'Neill

Politics And Communion: A Bishop's Response To Segregationists, Vincent Rougeau

Vincent D. Rougeau

No abstract provided.

No Way To Deal With Slums, Bernadette Atuahene

Bernadette Atuahene

Cost-Effective Legal Research Using Subscription-Based Internet Services And Non-Subscription Web Pages, Olivia Weeks

Olivia L. Weeks

Professor Weeks will give an introduction to and an overview of both fee-based online resources and non-subscription legal resource web pages. The internet provides an increasing variety of non-subscription legal documents. Therefore, there will be a special focus on legal or law-related web pages that may be of interest to the small law firm practitioner. Cost-effective and efficient search techniques will be discussed, and legal professionals will learn how to use the internet for legal and investigative research.

Incorporating Instream Flow Values Into A Water Market, Vernon Smith, James Murphy, Ariel Dinar, Richard Howitt, Stephen Rassenti, Marca Weinberg

Vernon L. Smith

We use laboratory experiments to test three different water market institutions designed to incorporate instream flow values into the allocation. The institutions are (1) a baseline with fixed minimum flow constraints, (2) an environmental agent contributing to the cost of providing instream flows, and (3) creating an instream flow right in which an environmental agent can sell the right to reduced flows. Using a "smart" computer-coordinated market, we find that direct environmental participation in the market can achieve highly efficient and stable allocations. A particularly attractive and practical feature of the third institution is that it nests the status quo …