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Some Skepticism About Search Neutrality, James Grimmelmann 2009 New York Law School

Some Skepticism About Search Neutrality, James Grimmelmann

James Grimmelmann

In the last few years, some search-engine critics have suggested that dominant search engines (i.e. Google) should be subject to “search neutrality” regulations. By analogy to network neutrality, search neutrality would require even-handed treatment in search results: It would prevent search engines from playing favorites among websites. Academics, Google competitors, and public-interest groups have all embraced search neutrality.

Despite this sudden interest, the case for search neutrality is too muddled to be convincing. While “neutrality” is an appealing-sounding principle, it lacks a clear definition. This essay explores no fewer than eight different meanings that search-neutrality advocates have given the ...


Freshman Professor: The First Year; The First Semester; The First Day, McKay Cunningham 2009 Phoenix School of Law

Freshman Professor: The First Year; The First Semester; The First Day, Mckay Cunningham

McKay Cunningham

“Fresh from practice, clerking, or sometimes even law school itself, the newly-appointed law professor is injected into the classroom with the incredible assumption that he or she will know what to do in front of a class and, therefore, needs no guidance in the art of teaching.” Without formal guidance, new law professors often adopt the only approach to legal teaching they know–the same Socratic method employed when they were students.

This short piece includes an account of freshman mistakes, lucky breaks, and the beginnings of a teaching philosophy. It includes resources to guide a new professor’s decisions ...


Un Quinquennat Dans L’Imposition Directe Des Personnes Morales (Chronique De Jurisprudence 2005 – 2009), Raphael Gani 2009 University of Lausanne

Un Quinquennat Dans L’Imposition Directe Des Personnes Morales (Chronique De Jurisprudence 2005 – 2009), Raphael Gani

Raphael Gani

No abstract provided.


El Canon Neoconstitucional, Leonardo Jaramillo, Miguel S 2009 Universidad Nacional Autonoma de Mexico

El Canon Neoconstitucional, Leonardo Jaramillo, Miguel S

Leonardo García Jaramillo

No abstract provided.


Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan van Loenen 2009 University of Maine - Main

Towards Voluntary Interoperable Open Access Licenses For The Global Earth Observation System Of Systems (Geoss), Harlan Onsrud, James Campbell, Bastiaan Van Loenen

Harlan J Onsrud

Access to earth observation data has become critically important for the wellbeing of society. A major impediment to achieving widespread sharing of earth observation data is lack of an operational web-wide system that is transparent and consistent in allowing users to legally access and use the earth observations of others without seeking permission from data contributors or investigating terms of usage on a case-by-case basis. This article explores approaches to supplying a license-based system to overcome this impediment in the context of the Global Earth Observation System of Systems. It discusses the benefits and drawbacks of the explored approaches and ...


Perish The Thought Of Publication? Scholarship’S Vital Role In Classroom Rigor And Preparing Students For Practice, Michael O'Connor 2009 Phoenix School of Law

Perish The Thought Of Publication? Scholarship’S Vital Role In Classroom Rigor And Preparing Students For Practice, Michael O'Connor

Michael O'Connor

No abstract provided.


Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox 2009 Hamline University

Reweaving The Fabric Of Society: Restorative Justice In The United States, Kenneth Fox

Kenneth H Fox

This article provides an overview of restorative justice practices in the United States. It offers a brief history of the field, articulates its underlying values, and describes its primary forms of practice. The purpose of this article is to introduce readers to an emerging and important way to re-think how citizens relate to one another and to the “state” when crime occurs.


Is The Attorney-Client Privilege Under Attack?, Nancy Rapoport, Jennifer Gross 2009 William S. Boyd School of Law, UNLV

Is The Attorney-Client Privilege Under Attack?, Nancy Rapoport, Jennifer Gross

Nancy B. Rapoport

This essay touches on some of the more recent cases involving attorney-client privilege.


Patent Valuation Theory And The Economics Of Improvement, Amy Landers 2009 Drexel University School of Law

Patent Valuation Theory And The Economics Of Improvement, Amy Landers

Amy L Landers

In her response to Professor Golden's Principles of Patent Remedies, Professor Landers identifies three threads that underlie the debate on patent remedies. First, patent value may be difficult to define because of certain indeterminacies. Second, economic and technological contingencies may distort the amounts paid for patents. Third, principles of adaptation and implementation might bring the field to a theoretical consensus about patent value. After analyzing Prof. Golden’s principles in the context of each thread, Prof. Landers proposes that, in order to bridge the differences in current theoretical viewpoints, the explicit addition of the economics of improvement is necessary.


Patriarchy- The Indian Experience, Mubashshir Sarshar 2009 National Law University, Delhi

Patriarchy- The Indian Experience, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Rapporto Tra Prelazione Legale Urbana E Prelazione Convenzionale. Ma È Proprio Vero Che “Prior In Tempore, Potior In Iure?, Valerio Cosimo Romano 2009 LUISS Guido Carli

Rapporto Tra Prelazione Legale Urbana E Prelazione Convenzionale. Ma È Proprio Vero Che “Prior In Tempore, Potior In Iure?, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.


Tribunal Constitucional, Certiorari Y Precedente, Sergio Verdugo, José García 2009 Universidad del Desarrollo

Tribunal Constitucional, Certiorari Y Precedente, Sergio Verdugo, José García

Sergio Verdugo R.

No abstract provided.


Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume 2009 Columbia Law School at Catholic University

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed ...


Wills, Trusts, And Estates: An Interactive Course--Under Contract, Richard Gershon 2009 Charleston School of Law

Wills, Trusts, And Estates: An Interactive Course--Under Contract, Richard Gershon

Richard Gershon

This book will be published in 2010


Texas Civil Procedure—The Texas Supreme Court Expands Mandamus Review For Rulings On Motions For New Trial, Timothy Martin 2009 Southern Methodist University

Texas Civil Procedure—The Texas Supreme Court Expands Mandamus Review For Rulings On Motions For New Trial, Timothy Martin

Timothy D Martin

No abstract provided.


Eu Law And The Harmonization Of Takeovers In The Internal Market, Thomas Papadopoulos 2009 Assistant Professor, Department of Law, European University Cyprus

Eu Law And The Harmonization Of Takeovers In The Internal Market, Thomas Papadopoulos

Thomas Papadopoulos Dr.

This book analyses the Takeover Bid Directive in the light of EU Law, and examines the extent to which this Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. Takeover bids are very important for the internal market, because they contribute to market integration and to business consolidation. According to the Directive’s Preamble, it is necessary to protect the interests of the holders of securities of companies (in particular, those with minority holdings). This is in order to create EU-wide clarity and transparency in respect of legal issues ...


The Economics Of Injunctive And Reverse Settlements (With Keith N. Hylton), Sungjoon Cho 2009 Illinois Institute of Technology

The Economics Of Injunctive And Reverse Settlements (With Keith N. Hylton), Sungjoon Cho

Sungjoon Cho

No abstract provided.


Judicial Safeguards Against “Trial By Media”: Should Blasi’S "Checking Value” Theory Apply In India?, Arpan Banerjee 2009 Selected Works

Judicial Safeguards Against “Trial By Media”: Should Blasi’S "Checking Value” Theory Apply In India?, Arpan Banerjee

Arpan Banerjee

Discusses the "trial by media" phenomenon India. Examines case law on pre-trial publicity and contempt of court.


Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (Supp. 2011-12), Sheldon Nahmod 2009 Chicago-Kent College of Law

Constitutional Torts: Cases, Comments And Questions (With M. Wells & T. Eaton) (Supp. 2011-12), Sheldon Nahmod

Sheldon Nahmod

No abstract provided.


Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois 2009 New York, NY

Pearson, Iqbal, And Procedural Judicial Activism, Goutam Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage ...


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