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Catalogs, Alex Stein, Gideon Parchomovsky 2015 SelectedWorks

Catalogs, Alex Stein, Gideon Parchomovsky

Alex Stein

It is a virtual axiom in the world of law that legal norms come in two prototypes: rules and standards. The accepted lore suggests that rules should be formulated to regulate recurrent and frequent behaviors, whose contours can be defined with sufficient precision. Standards, by contrast, should be employed to address complex, variegated, behaviors that require the weighing of multiple variables. Rules rely on an ex ante perspective and are therefore considered the domain of the legislator; standards embody a preference for ex post, ad-hoc, analysis and are therefore considered the domain of courts. The rules/standards dichotomy has become ...


The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers 2015 Drexel University Thomas R. Kline School of Law

The Anti-Patent: A Proposal For Startup Immunity, Amy L. Landers

Amy L. Landers

The controversy surrounding the current implementation of the patent system is well known. Some question whether the system has become entirely dysfunctional and disincentives innovation, particularly as the law operates within some industries. Moreover, early stage companies, particularly those just beginning to gain success, are particularly vulnerable targets for lawsuits. Notably, these same companies can be rich sources of important technological innovation.

Because the U.S. has always had a patent system, it is impossible to understand the intended and unintended consequences of eliminating this form of intellectual property protection even in a limited manner. As economist Fritz Machlup stated ...


Hunger, Food Prices, And The Food Safety Modernization Act: Balancing Physical Safety And Food Security, Kelly M. Gay 2014 University of Florida Levin College of Law

Hunger, Food Prices, And The Food Safety Modernization Act: Balancing Physical Safety And Food Security, Kelly M. Gay

Florida Law Review

The Food and Drug Administration (FDA) Food Safety Modernization Act (Modernization Act) was signed into law by President Barack Obama on January 4, 2011. The goal of the Act is to reform the United States’ food safety regulations that attempt to safeguard the American public from foodborne illness. However, America is also in the middle of a hunger crisis—millions of Americans are unable to provide enough food for themselves and their families due to a lack of financial resources. The Modernization Act has the potential to increase the cost of food production and pass this cost along to the ...


Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell 2014 University of Georgia School of Law

Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell

Georgia Journal of International & Comparative Law

No abstract provided.


The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson 2014 University of Georgia School of Law

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


Material Conditions For The Law Of Democracy: The Problem Of Information Asymmetry In Voting Decisions., Rafael E de O Baptista 2014 SelectedWorks

Material Conditions For The Law Of Democracy: The Problem Of Information Asymmetry In Voting Decisions., Rafael E De O Baptista

Rafael E de O Baptista

The proposal of the present paper is to explore the informational asymmetry that exists between politicians and citizens, especially towards voting, and directives for regulation and public policies that may diminish it. We develop a reading of the specialized literature, alongside the case study of a civil society organization that develops this institutional role in the city of Jundiaí, Brazil, which, albeit restricted geographically, leads up to broader implications. Based on these sets of data, we develop the following argument: information asymmetry is a problem in any context where rationality in voting decisions are a value to be pursued. In ...


A Dangerous Servant And A Fearful Master: Why Florida’S Prescribed Fire Statute Should Be Amended, Stephen McCullers 2014 University of Florida Levin College of Law

A Dangerous Servant And A Fearful Master: Why Florida’S Prescribed Fire Statute Should Be Amended, Stephen Mccullers

Florida Law Review

Fire will not be denied its opportunity to burn through Florida’s forests. The citizens of Florida, however, can accept the responsibility of deciding how the forest will burn. Fire can be purposefully ignited under exact weather conditions, acting as a controlled but dangerous servant with a slim chance of escape or harm. Or, if Floridians refuse to accept any responsibility in proactively managing forest fire, nature will determine when the forest will burn. The fire will be a fearful master, raging through the forest with the potential to cause great harm to people, property, and the environment.

In recognition ...


Defending Legal Realism: A Response To Four Critics, Hanoch Dagan 2014 BLR

Defending Legal Realism: A Response To Four Critics, Hanoch Dagan

Tel Aviv University Law Faculty Papers

My recently published book, Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), seeks to revive our understanding of law as a set of institutions accommodating three sets of constitutive tensions: power and reason, science and craft, and tradition and progress. This Issue of Critical Analysis of Law honored me with the publication of thoughtful and generous book reviews by Alan Brudner, Dan Farbman, Joseph Singer, and Laura Underkuffler. This short Essay reflects upon their insightful and important observations and attempts to provide some answers to their interesting and intriguing critiques of my account. I begin with ...


Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers 2014 University of Georgia School of Law

Solution Or Stumbling Block?: Biological Engineering And The Modern Extinction Crisis, Caroline P. Rogers

Georgia Journal of International & Comparative Law

No abstract provided.


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson 2014 University of San Diego

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...


Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant 2014 NELLCO

Evolution, Not Revolution: A Legislative History Of The New York Prudent Management Of Institutional Funds Act, Harvey P. Dale, Victoria Bjorklund, Jennifer Reynoso, Jillian P. Diamant

New York University Public Law and Legal Theory Working Papers

Review of the legislative history of the New York Prudent Management of Institutional Funds Act comparing it to the Uniform Prudent Management of Institutional Funds Act and making suggestions for legislative and regulatory amendments and clarifications.


Protecting Whistleblower Protections In The Dodd-Frank Act, Samuel C. Leifer 2014 University of Michigan Law School

Protecting Whistleblower Protections In The Dodd-Frank Act, Samuel C. Leifer

Michigan Law Review

In 2008, the United States fell into its worst economic recession in over seventy years. In response, Congress enacted the near-comprehensive Dodd–Frank Wall Street Reform and Consumer Protection Act. Section 922 of Dodd–Frank, in particular, includes specific provisions designed to incentivize and protect corporate whistleblowers. These provisions demonstrated Congress’s belief that a comprehensive and robust whistleblower protection scheme was essential to preventing many of the abuses that caused the financial crisis. Unfortunately, this section’s inconsistent language has produced conflicting decisions within the federal judiciary. In accordance with the Securities and Exchange Commission (“SEC”)’s own reading ...


A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer 2014 University of Michigan Law School

A Comprehensive Administrative Solution To The Armed Career Criminal Act Debacle , Avi M. Kupfer

Michigan Law Review

For thirty years, the Armed Career Criminal Act (“ACCA”) has imposed a fifteen-year mandatory minimum sentence on those people convicted as felons in possession of a firearm or ammunition who have three prior convictions for a violent felony or serious drug offense. Debate about the law has existed mainly within a larger discussion on the normative value of mandatory minimums. Assuming that the ACCA endures, however, administering it will continue to be a challenge. The approach that courts use to determine whether past convictions qualify as ACCA predicate offenses creates ex ante uncertainty and the potential for intercourt disparities. Furthermore ...


Statutes And Democratic Self-Authorship, Paul W. Kahn, Kiel Brennan-Marquez 2014 College of William & Mary Law School

Statutes And Democratic Self-Authorship, Paul W. Kahn, Kiel Brennan-Marquez

William & Mary Law Review

In this Article, we argue that both sides of the usual debate over statutory interpretation—text versus purpose—rest on a common, but flawed, premise. Judges and scholars have assumed that legislative bodies are the authors of statutes. We disagree; instead, we argue that the people are the authors of statutes. Legislative bodies play an indispensable role in the process: they draft statutes. And courts play a similarly indispensable role: they interpret statutes. But ultimately, it is the polity—we, the people—that is responsible, as authors, for the content of the law.

This shift yields dramatic consequences. To date ...


Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla 2014 University of Georgia School of Law

Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla

Georgia Journal of International & Comparative Law

No abstract provided.


Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston 2014 SelectedWorks

Rediscovering Congressional Intelligence Oversight: Is Another Church Committee Possible Without Frank Church?, Marc B. Langston

Marc B. Langston

In 1975-76, the Church Committee challenged Americans’ perception of their government by uncovering and publicly releasing secret activities undertaken by the U.S. Government. U.S. Senator Frank Church’s leadership represents a model for congressional oversight and the Church Committee’s investigation and public hearings remain increasingly relevant in a new age of domestic surveillance. The attached article compares a historical model of congressional oversight and reform, as demonstrated by Senator Frank Church’s leadership as chairman of the Church Committee, with current oversight deficiencies that have induced a growing population of citizens to demand greater protections against government ...


Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan 2014 University of Georgia School of Law

Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan

Georgia Journal of International & Comparative Law

No abstract provided.


Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham 2014 SelectedWorks

Regulation Of Chemical Risks: Lessons For Tsca Reform From Canada And The European Union, Adam Abelkop, John D. Graham

Adam Abelkop

The United States Congress is considering reform of the Toxic Substances Control Act (TSCA) of 1976. This Article compares recent reforms in Europe and Canada in order to draw lessons for TSCA reform. In 2006, the European Union enacted the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation while Canada used existing authority under the Canadian Environmental Protection Act (CEPA) of 1999 to initiate the 2006 Chemicals Management Plan (CMP). Focusing on the tens of thousands of industrial chemicals now in use in the US, we offer several suggestions for TSCA reform based on the European and Canadian experiences ...


"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova 2014 University of Georgia School of Law

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.


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