Law Commons^™

2013 Update, Rogelio Lasso

Rogelio A. Lasso

No abstract provided.

Notice Failure And Notice Externalities, Peter Menell, Michael Meurer

Peter Menell

No abstract provided.

The Wire And Alternative Stories Of Law And Inequality, Robert Power

Robert C Power

No abstract provided.

Imaginings Of Space In Immigration Law, Leti Volpp

Leti Volpp

No abstract provided.

Invisible Histories And The Failure Of The Protected Classes, Jill Fraley

Jill M. Fraley

No abstract provided.

A Measurement Model Of Loyalty And Competence For Presidential Appointees In U.S. Goverment Agencies, 1977-2009: A Hierarchical Generalized Latent Trait Analysis, Anne O'Connell, George Krause

Anne Joseph O'Connell

No abstract provided.

The Innocent Defendant’S Dilemma: An Innovative Empirical Study Of Plea Bargaining’S Innocence Problem, Lucian Dervan, Vanessa Edkins

Lucian E Dervan

In 1989, Ada JoAnn Taylor was accused of murder and presented with stark options. If she pleaded guilty, she would be rewarded with a sentence of ten to forty years in prison. If, however, she proceeded to trial and was convicted, she would likely spend the rest of her life behind bars. Over a thousand miles away in Florida and more than twenty years later, a college student was accused of cheating and presented with her own incentives to admit wrongdoing and save the university the time and expense of proceeding before a disciplinary review board. Both women decided the …

Innovation And Litigation: Tensions Between Universities And Patents And How To Fix Them, Jacob Rooksby

Jacob H. Rooksby

Universities that own patents have a problem. While nearly all are keen to enhance their revenue generated from patents, few are eager or prepared to enforce them in court, alone or with their exclusive licensees, should a third-party deploy a product or process covered by a university-owned patent. Yet strict prudential standing requirements imposed by the United States Court of Appeals for the Federal Circuit (“CAFC”) effectively require university participation as plaintiffs in enforcement lawsuits over their exclusively licensed patents, regardless of a university’s effective ability or enthusiasm to participate in a given action. Supported by nearly 40 years of …

Understanding Products Liability Law, Bruce Ottley, Rogelio Lasso, Terrence Kiely

Rogelio A. Lasso

No abstract provided.

Psychopathy And Sentencing, Erik Luna

Erik Luna

No abstract provided.

Litigating In Federal Court: A Guide To The Rules, Ann Woodley

Ann Woodley

No abstract provided.

Plant Variety Protection In Thailand: The Need For A New Coherent Framework, Pawarit Lertdhamtewe

Pawarit Lertdhamtewe

Thailand's plant protection regime, currently represented by the Plant Variety Protection Act (‘PVPA’), represents a sui generis plant protection system, which several developing nations use as a model to enact their plant protection laws. It is currently uncertain whether the PVPA serves the needs of all actors in agricultural management in Thailand; this uncertainty may dilute the benefits of Thailand's plant protection regime. In view of concerns regarding the adequacy of the legal framework for plant variety protection, this article argues that greater certainty must be provided to ensure the effective protection of plant varieties, the validity of national legislation …

Legal Affinities: Studies In The Legal Form Of Thought (Forthcoming), Patrick Brennan

Patrick McKinley Brennan

No abstract provided.

Featured Speaker, Susan Daicoff

Susan Daicoff

No abstract provided.

Boot Camp Call, William Mock

William B.T. Mock

No abstract provided.

Questions & Answers: Payment Systems, Timothy Zinnecker

Timothy R. Zinnecker

No abstract provided.

Standards Of Proof In Civil Litigation: An Experiment From Patent Law (With C. Seaman), David Schwartz

David L. Schwartz

Standards of proof are widely assumed to matter in litigation. They operate to allocate the risk of error between litigants, as well as to indicate the relative importance attached to the ultimate decision. But despite their perceived importance, there have been relatively few empirical studies testing jurors’ comprehension and application of standards of proof, particularly in civil litigation.

Patent law recently presented an opportunity to assess the potential impact of varying the standard of proof in civil cases. In Microsoft Corp. v. i4i Limited Partnership, the Supreme Court held that a patent’s presumption of validity can only be overcome by …

Using Sustainability Criteria In Law, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The purpose of the article is to raise interest for using sustainability criteria as a means to promote and safeguard sustainability for traded products and their production. The focus is put on how sustainability criteria can be efficiently used in legal constructions. Practical examples from the biofuel sector are provided.

Retroactivity And Crack Sentencing Reform, Harold Krent

Harold J. Krent

No abstract provided.

Are We There Yet? A Legal Assessment And Review Of The Concept Of Sustainable Development Under International Law, Evgenia Pavlovskaia

Evgenia Pavlovskaia

Some of the most consistently utilized terms in international environmental law are “sustainable development” and “sustainability”. Sustainable development is mentioned in virtually every domestic, regional and international laws on environment, energy and natural resources. This has led to the contentions by some scholars that the concept of sustainable development has matured into customary international law, or at least has become a general principle of international environmental law. Many researchers, however, argue that the idea of sustainable development is vague, elusive and does not add much to the efficient implementation of international environmental law. This article aims to examine and discuss …

Workplace Data: Law & Litigation (With 2014 Supplement), Robert Sprague

Robert Sprague

Workplace Data: Law and Litigation provides an overview of legal issues associated with employment-related electronically stored information (ESI), focusing on discovery issues in particular. Written for employment and labor law practitioners, this new treatise offers a comprehensive overview of today’s discovery challenges, a detailed statute-by-statute analysis of data retention requirements in federal workplace-related laws, a summary of emerging workplace social media and other technology-related issues and a guide to data protection privacy laws in North America, Europe, Asia and Oceania.

Cases And Materials On Fair Housing And Fair Lending (6th Ed. Supp.), F. Caruso

F. Willis Caruso

No abstract provided.

Advancing Human Rights In Patient Care: The Law In Seven Transitional Countries (Forthcoming), Leo Beletsky, Tamar Ezer, Judith Overall, Iain Byrne, Jonathan Cohen

Leo Beletsky

No abstract provided.

South Dakota Law Review Dedication To Randall J. Gingiss, Randall Gingiss

Randall Gingiss

The Law Review board dedicated Volume 58 of the South Dakota Law Review to Professor Randall Gingiss. The dedication articles were written by USD Professor Barry Vickrey, Clint Sargent, Esq., USD Professor Patrick Garry, and SD S. C. Justice John Konenkamp.

Speaker, Workshop Organizer, Moderator And Presenter, Francine Sherman

Francine T. Sherman

Professor Sherman has served as a Speaker, Workshop Organizer, Moderator, and Presenter for a range of workshops on topics related to detention reform and girls at the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative Annual Conferences since 2000.

Prosecutorial Ethics, R. Michael Cassidy

R. Michael Cassidy

This casebook explores the ethical responsibilities of a prosecutor at each stage of the criminal justice process. Focusing on ethical and constitutional constraints on prosecutorial discretion, the texts covers both Supreme Court decisions interpreting Fifth and Sixth Amendment guarantees and state rules of attorney conduct. Topics discussed include a prosecutor’s conduct during criminal investigations, charging decisions, grand jury practice, interviewing and contacting witnesses, plea bargaining, jury selection, trial conduct, and publicity. Each chapter is followed by real-world hypotheticals designed to introduce students to the ethical dilemmas typically encountered by government lawyers in criminal practice. This book is suitable for use …

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, Alberto Bernabe

Alberto Bernabe

Tocqueville And The American Amalgam, Andrew Spiropoulos

Andrew C. Spiropoulos

Chapter 6, John Eller

John Eller

General Principles And Introductory Matters In Motor Vehicle Insurance Law, Christopher Robinette

Christopher J Robinette