After The Override: An Empirical Analysis Of Shadow Precedent, 2017 Indiana University Maurer School of Law
After The Override: An Empirical Analysis Of Shadow Precedent, Deborah A. Widiss, Brian J. Broughman
Articles by Maurer Faculty
Congressional overrides of prior judicial interpretations of statutory language are typically defined as equivalent to judicial overrulings, and they are presumed to play a central role in maintaining legislative supremacy. Our study is the first to empirically test these assumptions. Using a differences-in-differences research design, we find that citation levels decrease far less after legislative overrides than after judicial overrulings. This pattern holds true even when controlling for depth of the superseding event or considering only the specific proposition that was superseded. Moreover, contrary to what one might expect, citation levels decrease more quickly after restorative overrides—in which Congress repudiates …
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, 2017 St. Mary's University School of Law
Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter
St. Mary's Law Journal
The Uniform Code of Military Justice (UCMJ), 10 USC §§ 801-946, is the statutory template for the United States' military justice system. The UCMJ addresses topics such as court-martial jurisdiction, and pretrial, trial, and appellate procedures. It also includes punitive articles which proscribe, not only common law offenses, but also offenses unique to the military. Congress made significant changes to the UCMJ in the Military Justice Act of 2016. The legislation not only amended a significant number of existing articles, but also added many new articles. In addition, Congress completely reorganized the punitive articles. In this article, Professor Schlueter addresses …
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, 2017 St. Mary's University
The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
How Privacy Distorted Standing Law, 2017 Benjamin N. Cardozo School of Law
Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, 2017 University of Michigan Law School
Why Intra-Brand Dealer Competition Is Irrelevant To The Price Effects Of Tesla's Vertical Integration, Daniel A. Crane
Articles
"In recent years, Tesla Motors (recently renamed Tesla) has been engaged in a state-by-state ground way for the right to distribute it’s all-electric vehicles directly to consumers. The car dealers' lobby, with the political backing of General Motors, has fiercely battled back, relying on decades-old state dealer protection laws to argue that Tesla is legally bound to distribute through franchised dealers. Through a combination of favorable state legislative and judicial decisions, Tesla has won the right to distribute directly in many states, but remains categorically barred from direct distribution in important states like Michigan and Texas--and hence all direct distribution …
Voting Realism, 2017 University of Baltimore School of Law
Voting Realism, Gilda R. Daniels
All Faculty Scholarship
Since Shelby County v. Holder, the country has grown accustomed to life without the full strength of the Voting Rights Act. Efforts to restore Section 4 have been met with calls to ignore race conscious remedies and employ race neutral remedies for modern day voting rights violations. In this new normal, the country should adopt “voting realism” as the new approach to ensuring that law and reality work to address these new millennium methods of voter discrimination.
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, 2017 Boston University School of Law
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, Jordana Goodman
Faculty Scholarship
The conception of Frankenstein’s monster bridges the ever-narrowing divide between man and machine. Long before Congress codified Section 33(a) of the America Invents Act (“AIA”), Mary Shelley’s vague description of the monster’s creation has left people wondering: what defines a human organism? Through an analysis of patent law and scientific progress in the development of artificial organ systems, this paper explores the boundaries of patentable subject matter in the United States and attempts to clarify Congress’s determination that “no patent may issue on a claim directed to or encompassing a human organism.” Though patent law should incentivize development of artificial …
Eli Lilly V. Teva: Generic Companies Infringe Under Akamai Iv In Case Of Divided Infringement, 2017 University of Missouri - Kansas City, School of Law
Eli Lilly V. Teva: Generic Companies Infringe Under Akamai Iv In Case Of Divided Infringement, Christopher M. Holman
Faculty Works
The U.S. Supreme Court’s 2014 decision in Limelight Networks v. Akamai Technologies decision (Akamai III), in conjunction with the Federal Circuit’s stance on divided infringement claims, effectively undermined the value of method claims, particularly in the realm of pharmaceuticals, diagnostics, and other biotechnology related innovation, by limiting the ability of patentees to establish liability in cases where steps of the claimed method are performed by multiple parties. On remand, the en banc Federal Circuit in Akamai Technologies v. Limelight Networks (Akamai IV) sought to address the problem by expanding the definition of direct infringement under 271(a) to encompass more scenarios …
Financial Reform: Making The System Safer And Fairer, 2017 University of Michigan Law School
Financial Reform: Making The System Safer And Fairer, Michael S. Barr
Articles
In the fall of 2008, the financial crisis crushed the U.S. economy and plunged the country into the Great Recession. The crisis shuttered American businesses, cost millions of Americans their jobs, and wiped out home values and household savings. The macro effects hit hardest and were the longest lasting for those least able to bear the brunt of the crisis. It was devastating to middle-income families and perhaps even more so to low- and moderate-income households, who had little financial buffer (Barr 2012a). Financial stability, never robust for these families, dropped precipitously (Barr and Schaffa 2016). Both in the United …
The Effect Of Legislation On Fourth Amendment Protection, 2017 George Washington University Law School
The Effect Of Legislation On Fourth Amendment Protection, Orin S. Kerr
Michigan Law Review
When judges interpret the Fourth Amendment, and privacy legislation regulates the government’s conduct, should the legislation have an effect on the Fourth Amendment? Courts are split three ways. Some courts argue that legislation provides the informed judgment of a coequal branch that should influence the Fourth Amendment. Some courts contend that the presence of legislation should displace Fourth Amendment protection to prevent constitutional rules from interfering with the legislature’s handiwork. Finally, some courts treat legislation and the Fourth Amendment as independent and contend that the legislation should have no effect. This Article argues that courts should favor interpreting the Fourth …
The Lives And Times Of Temporary Legislation And Sunset Clauses, 2016 Bar-Ilan University
The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
Executive Action And Nonaction, 2016 Chapman University School of Law
Executive Action And Nonaction, Tom Campbell
Tom Campbell
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, 2016 Penn State Law
Understanding Insurance Policies As Noncontracts: An Alternative Approach To Drafting And Construing These Unique Financial Instruments, Christopher French
Christopher C. French
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, 2016 Faculty of Law Universitas Indonesia
Diskresi Kepolisian Dalam Penanganan Konflik Sosial : Kedudukan Peraturan Internal Kepolisian Dalam Penanganan Konflik Di Dalam Peraturan Perundangundangan, Eva Zulfa, Sri B. Praptadina
Jurnal Hukum & Pembangunan
The use of discretion as a means of handling and settlement of a dispute society, let alone carried out by law enforcement is essentially a matter of policy as authorized by law to officials. How discretion possessed by the police in handling conflicts in society. In reality discretion in many forms. One is through edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the prohibition of carrying weapons and other dangerous objects. Regional Leadership kemuadian issued edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the …
Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, 2016 CUNY Hunter College
Do In-State Tuition Benefits Affect The Academic Performance Of Non-Citizens? Data From Texas Public Universities, Terry K. Shaw
Theses and Dissertations
This paper investigates whether receiving in-state tuition benefits effects the academic performance of non-citizen students attending Texas public state-universities. Using data from the Texas Higher Education Opportunity Project, it examines the effect of the HB-1403 policy on contributing factors affecting academic performance of non-citizen students.
We Need A Fracking Baseline, 2016 Louisiana State University Law Center
We Need A Fracking Baseline, Ryan King
Louisiana Law Review
The article focuses on the theories of liability available to injured landowners and the evidentiary requirements' prevention of an equitable resolution regardless of whether strict liability is imposed on hydraulicfracturing.
Reflections On The Implications Of Title I Of The Elementary And Secondary Education Act Of 1965, 2016 St. John's University School of Law
Reflections On The Implications Of Title I Of The Elementary And Secondary Education Act Of 1965, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
A Structural Etiology Of The U.S. Constitution, 2016 Notre Dame Law School
A Structural Etiology Of The U.S. Constitution, Charles Lincoln
Journal of Legislation
This article offers an interpretation of the problems addressed by and the eventual purpose of the United States government. Simultaneously, it seeks to analyze and explain the continued three-part structure of the United States federal government as outlined in the Constitution. Subsequently I define the three parts of the federal government—judiciary, executive, and legislative—as explained through the lens of the Platonic paradigm of (logos = word = law), (thymos = external driving spirit = executive), and (eros = general welfare = legislative) extrapolated from Plato’s dialogues.
First, the article establishes Plato’s theory of the three-part Platonic soul …
Education As A Vital Right, 2016 Notre Dame Law School
Education As A Vital Right, Clayton Kozinski
Journal of Legislation
No abstract provided.
Managing Fear-Based Derogation In Murder Trials, 2016 Notre Dame Law School
Managing Fear-Based Derogation In Murder Trials, John Rafael Perez
Journal of Legislation
No abstract provided.