Race, Death And Disproportionality (Symposium Article), 2009 Chapman University School of Law
Race, Death And Disproportionality (Symposium Article), Scott Howe
Scott W. Howe
Statistical studies showing unconscious racial bias in capital selection matter under the eighth amendment. In McCleskey v. Kemp, the Court appeared to shun such evidence as irrelevant to eighth amendment challenges to capital punishment. Yet, this kind of evidence has influenced many of the Justices' views on the constitutionality of the death penalty and has sometimes caused the Court to restrict the use of that sanction under the eighth amendment. My goal, therefore, is to explain why statistical studies concerning race bias in capital selection have limitations as proof but also strong suggestive power that some death sentences amount to ...
The Stubborn Persistence Of Sex Segregation, 2009 Drexel University College of Law
The Stubborn Persistence Of Sex Segregation, David Cohen
David S Cohen
Almost fifty years ago, Congress began protecting against sex discrimination in federal statutory law. Almost forty years ago, the Supreme Court expanded constitutional law to include protection from discrimination based on sex. Since then, guarantees against sex discrimination have proliferated in federal and state law, and societal norms of sex equality have become entrenched. Yet, in 2010, we still live in a society that is highly segregated by sex.
This article is the first part of a multi-part project that will analyze sex segregation as a systemic issue by exploring the contours of modern American sex segregation and what this ...
The Nigerian Local Content Act: Is It The Game Changer?, 2009 Centre for Energy, Petroleum, Mineral Law and Policy University of Dundee
The Nigerian Local Content Act: Is It The Game Changer?, Humphrey Onyeukwu
The passage into law of the Nigerian Local Content Bill is one of the significant developments for domesticating the oil industry through local value additions. The bill received presidential assent on 22nd April 2010 and created a Law to provide for the development of indigenous content in the Nigerian Oil and Gas Industry. Previous acts of governments had made feeble policy attempts at developing a local content framework for the industry and the fanfare associated with the recent enactment into law of the Nigerian Local Content Bill is very understandable.
Nigeria is the world's eighth-biggest oil exporter and relies ...
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, 2009 Chicago-Kent College of Law
The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown
The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United ...
Keeping Men Men And Women Down: Sex Segregation, Anti-Essentialism, And Masculinity, 2009 Drexel University College of Law
Keeping Men Men And Women Down: Sex Segregation, Anti-Essentialism, And Masculinity, David Cohen
David S Cohen
Current-day sex segregation is one of the central ways that law and society define and construct who is a man and what it means to be a man. When law or society tells people that a place or activity is reserved for men alone, or in the converse, that men are excluded from a particular place or activity, two important messages are sent: one, that there are distinct categories of people based on reproductive anatomy and that these anatomical distinctions are a legitimate way of organizing and sorting people; and two, that people with the reproductive anatomy labeled “male” are ...
Introduction To Law, Law Study, And The Lawyer's Role, 2009 Washington and Lee University School of Law
Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer
James E. Moliterno
No abstract provided.
Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, 2009 University of East Anglia
Strasbourg, The Forgotten Patent Convention, And The Origins Of The European Patents Jurisdiction, Christopher Wadlow
This article describes the history and origins of the Strasbourg Convention on the Unification of Certain Points of Substantive Law on Patents for Invention from the "Longchambon Proposal" of 1949, through to the end of the first phase of negotiations in about 1955. It describes the rival proposals of Reimer and de Haan, and their reception. Particular attention is given to the proposals by Reimer for a European Court with international jurisdiction over patent matters, and its correspondence to proposals for a European Patents Jurisdiction which are currently under consideration.
Tree Knowledge And Livelihood Activities In A Changing Environment: Views From Smallholder Farmers In Kosti, Sudan, 2009 University of Helsinki
Tree Knowledge And Livelihood Activities In A Changing Environment: Views From Smallholder Farmers In Kosti, Sudan, Fobissie Kalame, Elnour Elsiddig, Olavi Luukkanen, Edinam Glover
Dr. Edinam K. Glover
Eastphalia As A Return To Westphalia, 2009 University of Chicago
Eastphalia As A Return To Westphalia, Tom Ginsburg
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational ...
Emerald City Mayhem & Murder, 2009 Selected Works
Emerald City Mayhem & Murder, Beau Brock
Beau James Brock
This skit is a fictitious trial of Dorothy for for murdering witches in Emerald City. It is an educational tool for schools to use in conjunction with Civics class for Law Week activities. It is a complete mock trial skit with roles for an entire class to play either parties, lawyers, court officials or jurors. The skit will last approximately 25 minutes when performed and with discussion afterwards will fill 45 minutes to an hour.
Pleading Disability, 2009 University of South Carolina - Columbia
Pleading Disability, Joseph Seiner
Joseph A. Seiner
A significant failure. That is how the Americans with Disabilities Act (ADA) has been described by legal scholars and disability advocates alike. The statute, which was widely expected to help prevent disability discrimination in employment, has not fully achieved its intended purpose because of the ADA’s narrow interpretation in the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts, which struggled to consistently apply even the original statutory terms. Complicating matters further, the proper ...
Contracting Patents: A Modern Patent Exhaustion Doctrine, 2009 University of Utah
Contracting Patents: A Modern Patent Exhaustion Doctrine, Amelia Rinehart
Amelia Smith Rinehart
The patent exhaustion doctrine operates to extinguish a patent owner’s right to exclude others from practicing the invention with patented articles sold under authorization of the patent owner. This policy has been debated on several points, including whether a patent owner may contract around the doctrine at any point. Because the debate touches on property rights, contractual freedom, and competitive concerns, students and scholars alike find it difficult to articulate and apply practically. The Supreme Court recently addressed this issue after a sixty-six year hiatus in Quanta Computer, Inc. v. LG Electronics, Inc., but the opinion has received mixed ...
“Fraude Académico: Comparaciones Entre Dos Universidades Colombianas”, 2009 University of Massachusetts Boston
“Fraude Académico: Comparaciones Entre Dos Universidades Colombianas”, Andrés Henao Castro, Mauricio García Villegas, José Mejía, Claudia Ordóñez
Andrés Fabián Henao-Castro
No abstract provided.
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, 2009 Northeastern University
Do You Swear To Tell The Truth, The Whole Truth, And Nothing But The Truth Against Your Child?, Hillary Farber
Hillary B. Farber
Currently in the United States forty-five states and the federal system do not recognize an evidentiary parent-child privilege. The United States Supreme Court has never granted certiorari in a case involving recognition of a parent-child privilege. For many, it is a revelation to learn that the government can compel testimony about communications and observations between parents and their children. A rights-based argument in favor of a parent-child privilege has not been articulated before in legal scholarship. This paper singles out one specific context, the prosecution of juveniles, and argues that such a privilege is essential in order to ensure children ...
An Empirical Examination Of Business Outsourcing Transactions, 2009 University of Virginia - Main Campus
An Empirical Examination Of Business Outsourcing Transactions, George Geis
No abstract provided.
A New Look At Patent Quality: Relating Patent Prosecution To Validity, 2009 Columbia University
A New Look At Patent Quality: Relating Patent Prosecution To Validity, Ronald Mann, Marian Underweiser
The paper uses two hand-collected datasets to implement a novel research design for analyzing the precursors to patent quality. Operationalizing patent "quality" as legal validity, the paper analyzes the relation between Federal Circuit decisions on patent validity and three sets of data about the patents: quantitative features of the patents themselves, textual analysis of the patent documents, and data collected from the prosecution histories of the patents. The paper finds large and statistically significant relations between ex post validity and both textual features of the patents and ex ante aspects of the prosecution history (especially prior art submissions and the ...
Balancing Judicial Cognizance And Caution: Whether Transnational Corporations Are Liable For Foreign Bribery Under The Alien Tort Statute, Matt Vega
Matt A Vega
This article argues that transnational corporate bribery is actionable under the Alien Tort Statute of 1789 (ATS) as a violation of the law of nations. In the early years of the Republic, bribery of a foreign official was commonly understood to violate the law of nations. Today, bribery is occasionally mentioned in passing as a precursor to human rights violations, but the bribe itself is seldom analyzed as a potential violation of the law of nations. However, the Second Circuit Court of Appeals recently allowed “aiding and abetting” to proceed as a customary international law violation under the ATS in ...
Towards A Better Assessment Of Pain And Suffering Damages, 2009 Erasmus University of Rotterdam, Erasmus School of Law
Towards A Better Assessment Of Pain And Suffering Damages, V. Karapanou, L. Visscher
Dr. Vaia Karapanou
No abstract provided.
Law Library Consortia, 2009 University of Oklahoma
Law Library Consortia, Darin Fox
Darin K. Fox
No abstract provided.
Fifteen Years With The Norma Research Programme, 2009 Lund University
Fifteen Years With The Norma Research Programme, Mia Rönnmar
The Norma Research Programme started out fifteen years ago – in 1996 – at the Law Faculty of Lund University with funding from the Bank of Sweden Tercentenary Foundation. The programme was initiated by me and my former colleague Professor Anna Christensen, who sadly passed away in March 2001. Norma is short for ‘Normative Development within the Social Dimension, Studies on the Normative Patterns and Their Development in the Legal Regulation of Employment, Housing, Family and Social Security from a European Integration Perspective’. The purpose of the programme was to create a research environment where basic normative patterns and their development and ...