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Oeconomia: A Corrective To Law, George A. Maloney, S.J. 2017 St. John's University School of Law

Oeconomia: A Corrective To Law, George A. Maloney, S.J.

The Catholic Lawyer

No abstract provided.


Wto Jurisprudence & Its Critiques: The Appellate Body's Anti-Constitutional Resistance, William Magnuson 2017 Texas A&M University School of Law

Wto Jurisprudence & Its Critiques: The Appellate Body's Anti-Constitutional Resistance, William Magnuson

William Magnuson

In a time of financial crisis and rising demand for economic protectionism, the World Trade Organization, promoting free trade and economic growth, has never been more important. Enforcement of the WTO’s provisions has grown increasingly contentious and high-stakes, and the Appellate Body empowered to rule on violations of the treaty has received harsh criticism. Three elements of WTO jurisprudence, in particular, stand out. First, the court’s excessive use of narrow textualist argument tends to lead to short-sighted decisions that give little guidance to member states. Second, the court’s decisions have increasingly interfered with sensitive democratic processes in ...


Takeover Regulation In The United States And Europe: An Institutional Approach, William Magnuson 2017 Texas A&M University School of Law

Takeover Regulation In The United States And Europe: An Institutional Approach, William Magnuson

William Magnuson

No abstract provided.


International Corporate Bribery And Unilateral Enforcement, William Magnuson 2017 Texas A&M University School of Law

International Corporate Bribery And Unilateral Enforcement, William Magnuson

William Magnuson

This Article explores how unilateral action to regulate international corporate bribery can serve as a partial substitute for multilateral action. The standard ac-count generally assumes that domestic efforts to com-bat international corporate bribery disadvantage domestic corporations and create a structural impediment to broader multilateral cooperation. This model, however, underestimates the extent to which states can and do regulate international corporate bribery through unilateral action, and in particular, through the enforcement of domestic laws against foreign actors. This Article argues that the extraterritorial enforcement of the Foreign Corrupt Practices Act (FCPA) has created a strong incentive for foreign corporations to comply ...


The Quality Of Mercy, Paul Rosenzweig 2017 George Washington University School of Law

The Quality Of Mercy, Paul Rosenzweig

Washington and Lee Law Review Online

No abstract provided.


Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson 2017 Boston College Law School

Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson

Boston College Law Review

On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine the constitutionality of the ordinance. The court remanded the case and recommended that the district court apply a heighted level of scrutiny—potentially even strict scrutiny. On December 27, 2016, the Ninth Circuit ordered an en banc rehearing. This Comment argues that on ...


Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik 2017 Boston College Law School

Enjoying Your "Free" App? The First Circuit's Approach To An Outdated Law In Yershov V. Gannett Satellite Information Network, Inc., Wendy Beylik

Boston College Law Review

On April 29, 2016, in Yershov v. Gannett Satellite Information Network, Inc. (“Yershov II”), the U.S. Court of Appeals for the First Circuit held that the Video Privacy Protection Act (“VPPA”) of 1988 extended to a free application provider who disclosed its users’ GPS coordinates, phone identification numbers, and video histories to a data analytics company. In a similar case, the U.S. Court of Appeals for the Eleventh Circuit held that the VPPA did not apply because the relationship was too weak to render the user a “subscriber” under the Act. The U.S. Court of Appeals for ...


The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger 2017 Boston College Law School

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger

Boston College Law Review

In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh Circuit in United States ex rel. Chovanec v. Apria Healthcare Group, Inc. held that relators barred by first-to-file must face dismissal without prejudice and then refile if they are to proceed. Separately, in 2015, the U.S. Court of Appeals for the D.C ...


No Se Aplica La Caducidad Prevista En El Artículo 1454 Del Código Civil A La Acción De Reajuste: ¿Cuál Es El Sentido Y Alcance Correcto De La Acción Por Lesión Y La Acción De Reajuste?, Angel Rimascca Huarancca 2017 Universidad Nacional Mayor de San Marcos

No Se Aplica La Caducidad Prevista En El Artículo 1454 Del Código Civil A La Acción De Reajuste: ¿Cuál Es El Sentido Y Alcance Correcto De La Acción Por Lesión Y La Acción De Reajuste?, Angel Rimascca Huarancca

ANGEL RIMASCCA HUARANCCA

No abstract provided.


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 Selected Works

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Eloisa C Rodríguez-Dod

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


Proceedings (Abstracts) From The 2nd Annual Student Research Symposium “Meeting Of The Minds” And The 27th Annual Csusb Student Research Competition, 2017 California State University, San Bernardino

Proceedings (Abstracts) From The 2nd Annual Student Research Symposium “Meeting Of The Minds” And The 27th Annual Csusb Student Research Competition

OSR Journal of Student Research

No abstract provided.


Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton 2017 University of Houston Law Center

Constitutional Law And The Role Of Scientific Evidence: The Transformative Potential Of Doe V. Snyder, Melissa Hamilton

Boston College Law Review

In late 2016, U.S. Court of Appeals for the Sixth Circuit’s concluded in Does #1–5 v. Snyder that Michigan’s sex offender registry and residency restriction law constituted an ex post facto punishment in violation of the constitution. In its decision, the Sixth Circuit engaged with scientific evidence that refutes moralized judgments about sex offenders, specifically that they pose a unique and substantial risk of recidivism. This Essay is intended to highlight the importance of Snyder as an example of the appropriate use of scientific studies in constitutional law.


Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon 2017 Barry University School of Law

Self-Driving Cars: Autonomous Technology That Needs A Designated Duty Passenger, Michelle L.D. Hanlon

Barry Law Review

No abstract provided.


Post-Trial Plea Bargaining And Predictive Analytics In Public Law, Harold J. Krent 2017 Chicago-Kent College of Law

Post-Trial Plea Bargaining And Predictive Analytics In Public Law, Harold J. Krent

Washington and Lee Law Review Online

Adam Gershowitz’s article calling for post-trial plea bargaining in capital cases reasons that governors should commute sentences to life in prison, in exceptional cases, to limit the costs of protracted post-trial litigation over imposition of the death penalty. The commutation power, in his view, resembles pre-trial plea bargaining in that both the state and the criminal defendant can benefit—the state saves resources while the defendant gets off death row.

Gershowitz’s article, therefore, affords a window into the increasing use of predictive analytics in deciding whether to bring or resolve litigation. Sifting through data on all prior capital ...


Changing The Culture Of Disclosure And Forensics, Valena Beety 2017 West Virginia University College of Law

Changing The Culture Of Disclosure And Forensics, Valena Beety

Washington and Lee Law Review Online

This Essay responds to Professor Brandon Garrett’s Constitutional Regulation of Forensic Evidence, and, in particular, his identification of the dire need to change the culture of disclosing forensic evidence. My work on forensics is—similarly to Garrett’s—rooted in both scholarship and litigation of wrongful convictions. From this perspective, I question whether prosecutors fully disclose forensics findings and whether defense attorneys understand these findings and their impact on a client’s case. To clarify forensic findings for the entire courtroom, this Essay suggests increased pre-trial discovery and disclosure of forensic evidence and forensic experts. Forensic analysts largely work ...


Engineering A Venture Capital Market: Lessons From China, Lin Lin 2017 National University of Singapore

Engineering A Venture Capital Market: Lessons From China, Lin Lin

Lin Lin

This is the first article that analyzes Professor Ronald Gilson’s theory of “simultaneity” in engineering a venture capital market in the context of China. Based on both quantitative and qualitative data collected by the author, this article analyzes how China has created the fastest developing and the largest engineered venture capital market in the world within three decades. It concludes that the rise of venture capital in China is attributable to (1)increasing capital supply through various governmental programs, easing regulatory barriers towards institutional and foreign investors, providing tax incentives and improving exit environment; (2) enhancing the availability of ...


Engineering A Venture Capital Market: Lessons From China, Lin Lin 2017 National University of Singapore

Engineering A Venture Capital Market: Lessons From China, Lin Lin

Lin Lin

This is the first article that analyzes Professor Ronald Gilson’s theory of “simultaneity” in engineering a venture capital market in the context of China. Based on both quantitative and qualitative data collected by the author, this article analyzes how China has created the fastest developing and the largest engineered venture capital market in the world within three decades. It concludes that the rise of venture capital in China is attributable to (1)increasing capital supply through various governmental programs, easing regulatory barriers towards institutional and foreign investors, providing tax incentives and improving exit environment; (2) enhancing the availability of ...


When 10 Trials Are Better Than 1000: An Evidentiary Perspective On Trial Sampling, Edward K. Cheng 2017 Selected Works

When 10 Trials Are Better Than 1000: An Evidentiary Perspective On Trial Sampling, Edward K. Cheng

Edward Cheng

No abstract provided.


Will Quants Rule The (Legal) World?, Edward K. Cheng 2017 Brooklyn Law School

Will Quants Rule The (Legal) World?, Edward K. Cheng

Edward Cheng

The quants are coming! And they are here to stay-so argues Professor Ian Ayres' in his new book, Super Crunchers, which details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. To be sure ...


Independent Judicial Research In The Daubert Age, Edward K. Cheng 2017 Selected Works

Independent Judicial Research In The Daubert Age, Edward K. Cheng

Edward Cheng

The Supreme Court's Daubert trilogy places judges in the unenviable position of assessing the reliability of often unfamiliar and complex scientific expert testimony. Over the past decade, scholars have therefore explored various ways of helping judges with their new gatekeeping responsibilities. Unfortunately, the two dominant approaches, which focus on doctrinal tests and external assistance mechanisms, have been largely ineffective. This Article advocates for a neglected but important method for improving scientific decisionmaking--independent judicial research. It argues that judges facing unfamiliar and complex scientific admissibility decisions can and should engage in independent library research to better educate themselves about the ...


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