Law Commons^™

Taking The Sting Out Of Reporting Requirements: Reproductive Health Clinics And The Constitutional Right To Informational Privacy, Jessica Ansley Bodger

Duke Law Journal

No abstract provided.

Moving Past Hippies And Harassment: A Historical Approach To Sex, Appearance, And The Workplace, Erica Williamson

Duke Law Journal

No abstract provided.

The News Media's Influence On Criminal Justice Policy: How Market-Driven News Promotes Punitiveness, Sara Sun Beale

William & Mary Law Review

This Article argues that commercial pressures are determining the news media's contemporary treatment of crime and violence, and that the resulting coverage has played a major role in reshaping public opinion, and ultimately, criminal justice policy. The news media are not mirrors, simply reflecting events in society. Rather, media content is shaped by economic and marketing considerations that frequently override traditional journalistic criteria for newsworthiness. This Article explores local and national television's treatment of crime, where the extent and style of news stories about crime are being adjusted to meet perceived viewer demand and advertising strategies, which frequently emphasize particular …

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

William & Mary Law Review

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …

Not Just A Minimum Income Policy For Physicians: The Need For Good Faith And Fair Dealing In Physician Deselection Disputes, Stephen D. Coppolo

William & Mary Law Review

No abstract provided.

Let The Jury Do The Waive: How Apprendi V. New Jersey Applies To Juvenile Transfer Proceedings, Daniel M. Vannella

William & Mary Law Review

No abstract provided.

The Price Of Pretrial Release: Can We Afford To Keep Our Fourth Amendment Rights?, Melanie Wilson

Scholarly Works

This Article looks at the intersection of the Fourth Amendment, which protects Americans' personal security against arbitrary and oppressive searches by law enforcement officials, and the Eighth Amendment, which proscribes excessive bail. The focus is on the validity and effectiveness of an arrested person's agreement to relinquish some or all of her Fourth Amendment rights as a means of gaining freedom from pre-trial detention. In other words, can an arrested person validly "consent" to waive some of her Fourth Amendment rights to avoid pre-trial detention? Recently, in a case of first impression in the federal courts of appeal, the Ninth …

On The Effective Communication Of The Results Of Empirical Studies, Part Ii, Lee Epstein, Andrew D. Martin, Matthew M. Schneider

Vanderbilt Law Review

In an important and certainly timely article published in the N.Y. U. Law Review, Nancy C. Staudt demonstrates that, in taxpayer standing cases, judges are motivated by politics but can be constrained when the law is clear and oversight exists. As part of that demonstration, Professor Staudt offers an empirical analysis of the decision to grant standing to federal taxpayers-the results of which we reproduce in Table 1.2

What are we to make of this rather ominous-looking table? Professor Staudt suggests two key takeaways. First, the analysis, she reports, shows that doctrine helps explain standing decisions even when political factors …

Got Wheels - Article 2a, Standardized Rental Car Terms, Rational Inaction, And Unilateral Private Ordering, Irma S. Russell

Loyola of Los Angeles Law Review

No abstract provided.

An Essay On Article 2'S Irrelevance To Licensing Agreements, Raymond T. Nimmer

Loyola of Los Angeles Law Review

No abstract provided.

Contracting Out Of Article 9, Meredith Jackson

Loyola of Los Angeles Law Review

No abstract provided.

The Ethics Of Invalid And Iffy Contracts Clauses, Christina L. Kunz

Loyola of Los Angeles Law Review

No abstract provided.

Foreword, Shanish M. Aloor

San Diego International Law Journal

The articles appearing in Volume 8 of the San Diego International Law Journal seek to offer insight and understanding into the international community. The first two articles examine the complexities involved in litigating international causes of action. Philip Moreman assesses the use of private rights of action before an international forum to enforce international laws. The article compares private rights of action with regulatory enforcement mechanisms to evaluate the respective costs and benefits. Yann-Huei Song examines the prospect of judicial intervention in fishery disputes involving fishing entities in Taiwan. The issue is complex because Taiwan is a not a member …

Richard Posner Meets Reb Chaim Of Brisk: A Comparative Study In The Founding Of Intellectual Legal Movements, Samuel J. Levine

San Diego International Law Journal

This Essay aims to examine some of the common elements of law and economics and the Brisker method that have contributed to their success as intellectual movements. Toward that end, the Essay compares the founding principles of these movements, exploring similarities in their essential characteristics. Part I presents and analyzes representative examples of the conceptual approach underlying each of these methods. Drawing on these and other examples of each method, Part II observes that the success of the methods stems in part from their common reliance on historical antecedents as well as their emphasis on conceptual frameworks broadly applicable within …

The International Tribunal For The Law Of The Sea And The Possibility Of Judicial Settlement Of Disputes Involving The Fishing Entity Of Taiwan - Taking Ccsbt As An Example, Yann-Huei Song

San Diego International Law Journal

The main purpose of this paper is to assess the possibility of judicial settlement of fishery disputes involving the fishing entity of Taiwan and examine the legal questions regarding jurisdiction over the disputes. This analysis is based on the articles related to dispute settlement that are provided in the SBT Convention, the ITLOS Statute and the international law of the sea and the judicial practice of the ITLOS and other relevant arbitration courts in the Southern Bluefin Tuna case. Following this introductory section, Section II describes the establishment of the CCSBT and the selection and application of the methods of …

Bollywood Is Coming! Copyright And Film Industry Issues Regarding International Film Co-Productions Involving India, Timm Neu

San Diego International Law Journal

These developments and mutual correlating interests underscore the rising trend in the number of international co-productions and cinematographic co-operations with India. Still, the practice of movie making in India differs in many ways from industry structures in the U.S. or Germany, which shall be analyzed as potential co-production partners. Contractual relations, industry regulations, involved parties, and the legal rules are so distinct, that a comparative view from a producer's perspective shall bring into light the frameworks and copyright issues of international film co-productions involving India.

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …

Vat? A Look Inside Canada's Experience With The Goods And Services Tax, Brandon A. Ketterman

San Diego International Law Journal

Consumption taxes have been and continue to be utilized as a staple revenue producer within systems of taxation. The value-added tax (VAT) is one form of consumption tax that has grown in popularity among nations over the last several decades. In fact, after the passage of a goods and services tax (one type of VAT) in Australia in 2000, the United States now stands alone as the only remaining OECD nation, among its 30 members, without some form of a value-added tax on consumption. As the massive topic of tax reform continually appears at the forefront of the political landscape, …

Contracting Out Of Article 2: Minimizing The Obligation Of Performance &(And) Liability For Breach, Sarah Howard Jenkins

Loyola of Los Angeles Law Review

No abstract provided.

The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.

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

Duke Law Journal

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.

Opting Out Or Copping Out - An Argument For Strict Scrutiny Of Individual Contracts, Charles L. Knapp

Loyola of Los Angeles Law Review

No abstract provided.

Introduction, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitute the 2006 Editors' Symposium of the San Diego Law Review. The theme for this symposium is: "The Rights and Wrongs of Discrimination."

Justice For Large Earlobes! A Comment On Richard Arneson's "What Is Wrongful Discrimination?", Andrew Koppelman

San Diego Law Review

At different points in his paper, Professor Arneson offers two inconsistent descriptions of what his paper tries to accomplish. The first is to answer his title question. The second is to answer that question within a deontological morality that holds, contrary to act consequentialism, that what is morally right and wrong ... is fixed by ... moral constraints [which] mainly take the form of moral rights of others that are correlative with moral obligations that one must not violate these rights. In a footnote, Professor Arneson explains that this assumed moral framework is not the one I would ultimately endorse. …

Why Not Regulate Private Discrimination?, Matt Zwolinski

San Diego Law Review

In this Article I examine the disparity between attitudes toward regulating private discrimination and those concerning the regulation of what I will call "commercial" discrimination. My hope is to find a theory that can simultaneously explain these divergent attitudes by providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. I focus on an explanation of the disparity that is grounded in three different sorts of considerations: differences in our epistemological access to private …

Left Libertarianism And Private Discrimination, Peter Vallentyne

San Diego Law Review

Left-libertarianism, like the more familiar right-libertarianism, holds that agents initially fully own themselves. Unlike right-libertarianism, however, it views natural resources as belonging to everyone in some egalitarian manner. Left-libertarianism is thus a form of liberal egalitarianism in that it recognizes both liberty rights and equality rights. In this Article, I shall lay out the reasons why (1) left libertarianism holds that (a) private discrimination is not intrinsically unjust and (b) it is intrinsically unjust for the state to prohibit private discrimination; and (2) that, nonetheless, a plausible version of left libertarianism holds that it is unjust for the state, and …

Gay Rights And American Constitutionalism: What’S A Constitution For?, J. Harvie Wilkinson Iii

Duke Law Journal

No abstract provided.

Dura Pharmaceuticals, Inc. V. Broudo: Not Really A Loss Causation Case, Jacob M. Kantrow

Louisiana Law Review

No abstract provided.

Constraining Opt-Outs: Shielding Local Law And Those It Protects From Adhesive Choice Of Law Clauses, William J. Woodward Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Is Arbitration Lawless, Christopher R. Drahozal

Loyola of Los Angeles Law Review

No abstract provided.