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2006

Washington University in St. Louis

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Articles 121 - 139 of 139

Full-Text Articles in Law

Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron Jan 2006

Are Scholars Better Bloggers? Bloggership: How Blogs Are Transforming Legal Scholarship, Paul L. Caron

Washington University Law Review

A perennial debate in higher education in general, and in legal education in particular, is whether a robust scholarly life helps or hurts a professor’s teaching performance. Taking inspiration from panelist Jim Lindgren’s work, Are Scholars Better Teachers?, which concludes that better scholars are perceived by students to be better teachers, Caron asks a panel, “Are Scholars Better Bloggers?” These comments explore both scholarship and blogging data to begin to answer that question.


De-Rigging Elections: Direct Democracy And The Future Of Redistricting Reform, Michael S. Kang Jan 2006

De-Rigging Elections: Direct Democracy And The Future Of Redistricting Reform, Michael S. Kang

Washington University Law Review

I propose direct democracy as the best solution, a distinctly political solution, to the problems of contemporary gerrymandering. By requiring direct democratic approval by the general electorate for passage of any statewide redistricting plan, direct democracy invites the public into civic engagement about the fundamental issues of democratic governance that a democracy ought to embrace. In Part II, I briefly describe redistricting reform efforts to transfer greater responsibility for redistricting to apolitical institutions, namely courts and independent commissions. In Part III, I argue that these efforts to insulate redistricting from politics are badly misguided. I contend that redistricting, as a ...


The Sec As A Lawmaker: Choices About Investor Protection In The Face Of Uncertainty, Donald C. Langevoort Jan 2006

The Sec As A Lawmaker: Choices About Investor Protection In The Face Of Uncertainty, Donald C. Langevoort

Washington University Law Review

A problem that has dominated much of recent corporate legal scholarship is one of political economy: what drives (and constrains) the production of corporate law? As used here, “corporate law” refers to the body of regulation dealing with the allocation of power, rights, and
responsibilities relating to management and control of the corporation—a rough description that includes many of the disclosure-related demands of federal securities regulation. My paper will look at the portion of corporate-securities law that is produced by the Securities and Exchange Commission (SEC). Put simply, what drives and constrains the SEC as a
federal corporate lawmaker?


A Cognitive Theory Of Trust, Claire A. Hill, Erin Ann O'Hara Jan 2006

A Cognitive Theory Of Trust, Claire A. Hill, Erin Ann O'Hara

Washington University Law Review

Interpersonal trust is currently receiving widespread attention in theacademy. A fast-growing legal literature can draw insights from trust scholars in several other fields, including sociology, psychology,
political science, economics, neuroscience, medicine, and management to explore the effects of legal policy on the nature of trust in interpersonal relationships. The issues are fundamental and worthy of more serious exploration: To what extent do legal rules, cases, and law enforcement efforts enhance or detract from the trust present in relationships? How can a better understanding of trust help us devise tools to improve human social and economic interactions?


Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton Jan 2006

Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton

Washington University Law Review

The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in ...


Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren Jan 2006

Is Blogging Scholarship? Why Do You Want To Know?, James Lindgren

Washington University Law Review

No abstract provided.


Co-Blogging Law, Eric Goldman Jan 2006

Co-Blogging Law, Eric Goldman

Washington University Law Review

Bloggers often work collaboratively with other bloggers, a phenomenon I call “co-blogging.” The decision to co-blog may seem casual, but it can have significant and unexpected legal consequences for the co-bloggers. This Article looks at some of these consequences under partnership law, employment law, and copyright law and explains how each of these legal doctrines can lead to counterintuitive results. The Article then discusses some recommendations to mitigate the harshness of these results.


How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball Jan 2006

How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball

Washington University Law Review

From an institutional perspective, the patent system is a two-stage bargain. At the first stage, the U.S. Patent and Trademark Office (PTO) grants patent rights to inventors after conducting an examination of the prior art and of the patent application to determine whether the requirements for patentability are met. At the next stage, in order to enforce their issued patent rights, patentees have to resort to the federal courts with an action for patent infringement. This Article is organized as follows. Part II reviews the previous literature on patent litigation. Part III describes our methodology for collecting data on ...


Fast-Track Disparities In The Post-Booker World: Re-Examining Illegal Reentry Sentencing Policies, Rebecca Schendel Norris Jan 2006

Fast-Track Disparities In The Post-Booker World: Re-Examining Illegal Reentry Sentencing Policies, Rebecca Schendel Norris

Washington University Law Review

No abstract provided.


Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole Jan 2006

Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole

Washington University Global Studies Law Review

No abstract provided.


South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh Jan 2006

South Africa's Criminalization Of “Hurtful” Comments: When The Protection Of Human Dignity And Equality Transforms Into The Destruction Of Freedom Of Expression, Ryan F. Haigh

Washington University Global Studies Law Review

No abstract provided.


Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell Jan 2006

Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell

Washington University Global Studies Law Review

No abstract provided.


Effects-Based Operations And The Law Of Aerial Warfare, Michael N. Schmitt Jan 2006

Effects-Based Operations And The Law Of Aerial Warfare, Michael N. Schmitt

Washington University Global Studies Law Review

This article explores effects-based operations (EBO) to ascertain how they might affect the law of armed conflict. In light of the dominance of American military power, the U.S. approach to EBO, which is now reflected in the doctrine of other nations as well as the North Atlantic Treaty Organization (NATO), will serve as our model. Although EBO applies to every dimension of conflict, including the information sphere, it reaches its apogee in aerial warfare. Therefore, conflict in that medium will serve as the particular context of inquiry.


China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr. Jan 2006

China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr.

Washington University Global Studies Law Review

This Article notes that despite China’s policy to encourage automobile ownership, China’s urban planning policies seem aimed at avoiding the development of a completely automobile dependent economy and culture, unlike the United States’ economy and culture. This Article concludes with the observation that growth management and energy policies in both the United States and China appear to be on a collision course with the new global energy and environmental realities of the twenty-first century.


Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman Jan 2006

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

Washington University Global Studies Law Review

These remarks by a panel of scholars address issues of climate change, as well as legal solutions to these problems. In particular is a focus on the Kyoto Protocol, an alliance of nation states dedicated to the reduction of harmful greenhouse gases.


Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison Jan 2006

Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison

Washington University Global Studies Law Review

No abstract provided.


Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl Jan 2006

Circumventing Shari’A: Common Law Jurisdictions’ Response To Persecuted Sexual Minorities’ Asylum Claims, Stephen Pischl

Washington University Global Studies Law Review

No abstract provided.


The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain Jan 2006

The Nexus Between Free Trade Agreements And The Trafficking Of Human Beings, Claudine Chastain

Washington University Global Studies Law Review

No abstract provided.


Conflicting Policies: Special Education And High Stakes Testing In The United States And England, Joanna Franks Sackel Jan 2006

Conflicting Policies: Special Education And High Stakes Testing In The United States And England, Joanna Franks Sackel

Washington University Global Studies Law Review

No abstract provided.