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Articles 1 - 30 of 159
Full-Text Articles in Law
Apple: The Keeper Of All That Is "Pod"?, Cortney Arnold
Ebay At Six Months: Four-Factor Confusion, Jim Sherwood
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
How Wikipedia Can Overcome The Great Firewall Of China, Nichole Hines
iBlawg
No abstract provided.
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
A Fair Use Response To Students' Intellectual Property Rights, Jared Slade
iBlawg
No abstract provided.
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
The Recording Industry Vs. Xm Radio: A Flashback To Sony?, Cortney Arnold
iBlawg
No abstract provided.
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
Change It Now: Ebay V. Mercexchange-Business Method Patent Litigation Reaches Critical Juncture Concerning Remedies For Infringement, Margo E. K. Reder
iBlawg
No abstract provided.
Eliding In New York, Monte Neil Stewart
Eliding In New York, Monte Neil Stewart
Duke Journal of Constitutional Law & Public Policy Sidebar
In January 2006, this Journal published an article that set forth the social institutional argument for man/woman marriage, demonstrated how that argument is a sufficient response to all constitutional attacks leveled at the laws sustaining that social institution, and detailed how the courts mandating genderless marriage (and the dissenting judges favoring that result) had elided the argument (“the Judicial Elision article”). Since the Judicial Elision article’s early December 2005 cut-off date, two more instances of judicial elision of social institutional realities have cropped up in New York. Both are dissenting opinions, one in the Appellate Division and one in the …
The Year In Review 2005: Selected Cases From The Alaska Supreme Court, The Alaska Court Of Appeals, And The United States Court Of Appeals For The Ninth Circuit
Alaska Law Review Year in Review
No abstract provided.
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Exxon Mobil Corp. V. Allapattah Services Inc., Blayre Britton
Duke Journal of Constitutional Law & Public Policy Sidebar
In diversity cases, only one plaintiff or class member must satisfy the amount in controversy requirement.
A Writer Speaks Truth, Jay Dratler Jr.
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
Call For Submissions: Crichton V. Federal Circuit, Iblawg Editor
iBlawg
No abstract provided.
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Merck Kgaa V. Integra Lifesciences I, Ltd.: Greater Research Protection For Drug Manufacturers, Samuel Rubin
Duke Journal of Constitutional Law & Public Policy Sidebar
Merck sought protection under a statutory exemption from claims of patent infringement brought by Integra Lifesciences. The Court held unanimously that the safe harbor contained in 35 U.S.C. § 271(e)(1) protected the use of patented inventions used in preclinical research where the results were not submitted to the FDA. The Court's interpretation of the safe harbor provision broadened protection for those engaged in drug research at a substantial cost to patent-holders.
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Smith V. City Of Jackson: Age Discrimination Act Authorizes Disparate Impact Claims – But Scope Is Narrow, William B. Holladay
Duke Journal of Constitutional Law & Public Policy Sidebar
When Jackson, Mississippi revised its salary structure for police and public safety officers, it gave proportionately higher increases to officers with less than five years of seniority, who were overwhelmingly under forty years old. Thirty officers over the age of forty sued the city for age discrimination, alleging disparate impact. In a plurality opinion, the Court held that the Age Discrimination in Employment Act authorized claims of disparate impact. When it accepted the employer’s justification for the raise and dismissed the plaintiffs’ claim, however, the Court signaled that in the future, the scope of disparate impact claims would be narrow.
Mayle V. Felix, Aleksandra Kopec
Mayle V. Felix, Aleksandra Kopec
Duke Journal of Constitutional Law & Public Policy Sidebar
Following his murder conviction, Felix filed a pro se habeas petition alleging Sixth Amendment violations at trial The petition was filed within the one-year Antiterrorism and Effective Death Penalty Act deadline. He was later appointed counsel, who filed an amended petition alleging Fifth Amendment violations; but that petition was filed five months after the AEDPA deadline had passed. The Court held that the amended petition was not saved by the Relation Back doctrine because it did not share with the earlier claims a common "core of operative facts."
The Google Library Project: When East Doesn't Meet West, Richard Epstein
The Google Library Project: When East Doesn't Meet West, Richard Epstein
iBlawg
No abstract provided.
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
Justin Hughe's Predictions For 2006: Part One, Justin Hughes
iBlawg
No abstract provided.
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
James Boyle's Predictions In Technologyh Law And Policy For 2006, James Boyle
iBlawg
No abstract provided.
Welcome To The Iblawg, Dltr Editorial Staff
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Through A Glass Darkly: Van Orden, Mccreary And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler
Faculty Scholarship
No abstract provided.
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Understanding Change In International Organizations: Globalization And Innovation In The Ilo, Laurence R. Helfer
Faculty Scholarship
This Article uses an interdisciplinary approach to explain why the International Labor Organization (ILO) has been given surprisingly short shrift in recent debates over the role of IOs in addressing the many transborder collective action problems that globalization has fostered. I review the ILO's past and its present with two broad objectives in mind. First, I seek to correct a misperception among international lawyers and legal scholars that the ILO is a weak and ineffective institution. The organization's effectiveness in creating and monitoring international labor standards has fluctuated widely during its nearly ninety-year existence. Over the last decade, however, the …
Incomplete Contracts In A Complete Contract World, Kimberly D. Krawiec, Scott Baker
Incomplete Contracts In A Complete Contract World, Kimberly D. Krawiec, Scott Baker
Faculty Scholarship
This paper considers the role that contract doctrine should play in facilitating optimal investment in contractual relationships. All contracts are incomplete in the sense that they do not specify the optimal actions for the buyer and seller in every future contingency. This incompleteness can lead to both under and over-investment in resources specifically targeted to the needs of the other contracting party. To solve these investment problems, economists and legal scholars have looked to complicated contractual solutions and the ownership of assets. This Article offers another solution: contract doctrine. Specifically, we propose a contractual default rule applicable to all contract …
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs
From St. Ives To Cyberspace: The Modern Distortion Of The Medieval ‘Law Merchant’, Stephen E. Sachs
Faculty Scholarship
Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant. " This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a transnational law of their own creation. The …
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Storming The Castle To Save The Children: The Ironic Costs Of A Child Welfare Exception To The Fourth Amendment, Doriane Lambelet Coleman
Faculty Scholarship
This article first sets out the child welfare system's assumption that there is a child welfare exception to the Fourth Amendment and then describes the ways it is used to facilitate child maltreatment investigations. It goes on to analyze the validity of this assumption according to current Fourth Amendment doctrine including under the special needs administrative exception. (This analysis may be particularly useful to both family/children's law scholars as well as to Fourth Amendment scholars, as it examines all of the state and federal appellate cases addressing the subject, and provides a most up-to-date evaluation of the Supreme Court's special …
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
A Proposed Settlement Rule For Mass Torts, Francis Mcgovern
A Proposed Settlement Rule For Mass Torts, Francis Mcgovern
Faculty Scholarship
Abstract not available
The Evolution Of Asbestos Bankruptcy Trust Distribution Plans, Francis Mcgovern
The Evolution Of Asbestos Bankruptcy Trust Distribution Plans, Francis Mcgovern
Faculty Scholarship
The evolution of asbestos litigation from the early 1970s to the present has become the source of much analysis. One commentator divides this history into several phases: the heroic phase, bureaucratic floundering, adaptation and maturity, search for global settlement, expansion of the number of cases, and legislative reform in a new era. A neglected aspect of the history of asbestos litigation has been the evolution of asbestos bankruptcy trust distribution plans. Since 1982 there have been more than 70 corporations which have filed bankruptcy proceedings because of their exposure to asbestos liability. As these corporations emerge from bankruptcy, their plans …
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Reining In The Data Traders: A Tort For The Misuse Of Personal Information, Sarah Ludington
Faculty Scholarship
In 2005, three spectacular data security breaches focused public attention on the vast databases of personal information held by data traders such as ChoicePoint and LexisNexis, and the vulnerability of that data. The personal information of hundreds of thousands of people had either been hacked or sold to identity thieves, yet the data traders refused to reveal to those people the specifics of the information sold or stolen. While Congress and many state legislatures swiftly introduced bills to force data traders to be more accountable to their data subjects, fewer states actually enacted laws, and none of the federal bills …
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
The Commerce Power And Criminal Punishment: Presumption Of Constitutionality Or Presumption Of Innocence?, Margaret H. Lemos
Faculty Scholarship
The Constitution requires that the facts that expose an individual to criminal punishment be proved to a jury beyond a reasonable doubt. In recent years, the Supreme Court has taken pains to ensure that legislatures cannot evade the requirements of proof beyond a reasonable doubt and jury presentation through artful statutory drafting. Yet current Commerce Clause jurisprudence permits Congress to do just that. Congress can avoid application of the reasonable-doubt and jury-trial rules with respect to certain critical facts-the facts that establish the basis for federal action by linking the prohibited conduct to interstate commerce-by finding those facts itself rather …
Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler
Qalys And Policy Evaluation: A New Perspective, Matthew D. Adler
Faculty Scholarship
No abstract provided.
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
In Defense Of Regulatory Peer Review, James Salzman, J.B. Ruhl
Faculty Scholarship
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain types of agency decisions has recently been championed by the White House and proponents in Congress. Indeed, this past January the Office of Management and Budget finalized guidelines requiring peer review for large classes of agency activities. These initiatives have not gone unchallenged, and a fierce debate has resulted between those who claim peer review will strengthen the scientific basis of agency decisions and those …