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Accountability For System Criminality, Mark A. Drumbl 2010 Washington and Lee University School of Law

Accountability For System Criminality, Mark A. Drumbl

Faculty Scholarship

Not available.


Bankruptcy Federalism: A Doctrine Askew, Margaret Howard 2010 Washington and Lee University School of Law

Bankruptcy Federalism: A Doctrine Askew, Margaret Howard

Faculty Scholarship

No abstract provided.


Mandatory Minimalism, Erik Luna, Paul G. Cassell 2010 Washington and Lee University School of Law

Mandatory Minimalism, Erik Luna, Paul G. Cassell

Faculty Scholarship

One of us (Cassell) is a former federal judge nominated by President George W. Bush, now a “conservative” scholar whose work is often supportive of law enforcement, the death penalty, and the rights of crime victims. The other (Luna) is a “libertarian” who tends to be suspicious of government and adamant about abuses of power, including those by police and prosecutors, and his scholarship has expressed the need for wholesale criminal justice reform (especially in the federal system). If we could find common ground on ways to modify federal mandatory minimums, we hoped that policymakers might share this agreement, perhaps ...


Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman 2010 Washington and Lee University School of Law

Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman

Faculty Scholarship

Determining damages for infringement is one of the most important and controversial issues in contemporary patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees.

This Article proposes an alternative standard to Georgia-Pacific when an acceptable noninfringing substitute exists for the patented technology. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would incur ...


An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman 2010 Washington and Lee University School of Law

An Uncertain Future For Section 5 Of The Voting Rights Act: The Need For A Revised Bailout System, Christopher B. Seaman

Faculty Scholarship

In Northwest Austin Municipal Utility District No. 1 v. Holder ("NAMUDNO"), 129 S. Ct. 2504 (2009), the Supreme Court declined to decide one of last Term's most prominent issues: the constitutionality of the 2006 renewal of Section 5 of the Voting Rights Act. Instead, the Court adopted an unexpected statutory construction permitting the plaintiff to seek an exemption called "bailout" from continued coverage under this provision. But even though the Court avoided directly ruling on its constitutionality, NAMUDNO left little doubt that Section 5 remains on shaky constitutional ground. A revised bailout system is likely the best approach for ...


Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon 2010 Washington and Lee University School of Law

Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David K. Millon

Faculty Scholarship

This paper is an invited comment on Peter Oh's article "Veil-Piercing" published in the Texas Law Review. I make two points. First, I suggest that Oh's exhaustive analysis of the factors cited by courts to justify veil-piercing, like Robert Thompson's before it, does not actually tell us much about what is going on in the cases. For reasons that I explain, the asserted rationales cannot determine the results. Instead, vaguely articulated and poorly understand notions of policy and fairness drive decision making in this area. The law will continue to be obscure and results unpredictable until courts ...


A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan 2010 Alexander Blewett III School of Law at the University of Montana

A Fall From Grace: United States V. W.R. Grace And The Need For Criminal Discovery Reform, Andrew King-Ries, Beth Brennan

Faculty Law Review Articles

This article examines several 2009 cases involving prosecutorial misconduct arising from the federal government's failure to live up to its criminal discovery obligations. The article focuses specifically on U.S. v. W.R. Grace, a Clean Air Act criminal case in Montana. The authors' analysis of Grace and other cases suggests that the absence of a clear, enforceable rule jeopardizes the government's ability to fairly prosecute its cases and supports amending Rule 16 to eliminate the gap between prosecutors' legal and ethical duties, and to require the pretrial disclosure of evidence favorable to the defendant.


Keeping The American Indian Rancher On The Land: A Socio-Legal Analysis Of The Rise And The Demise Of American Indian Ranching On The Northern Great Plains, Raymond Cross 2010 University of Montana School of Law

Keeping The American Indian Rancher On The Land: A Socio-Legal Analysis Of The Rise And The Demise Of American Indian Ranching On The Northern Great Plains, Raymond Cross

Faculty Law Review Articles

This article evaluates the phenomenon of Indian ranching from its rise in the late nineteenth century to its potential demise in the early years of the twenty-first century. The article examines the many intertwined factors -- political, economic, cultural, ecological, and spiritual -- that account for Indian ranching's rise, as well as its impending demise. The article asserts that Indian ranching could well have become the Indian-civilizing strategy that helped bridge the vast socioeconomic gulf that existed, and still exists, between the Indian and non-Indian peoples of the northern Great Plains. The article concludes that Indian ranching's impending demise can ...


Financial Liberalization And Banking Crises: A Cross-Country Analysis, Apanard P. Angkinand, Wanvimol Sawangngoenyuang, Clas Wihlborg 2010 Milken Institute

Financial Liberalization And Banking Crises: A Cross-Country Analysis, Apanard P. Angkinand, Wanvimol Sawangngoenyuang, Clas Wihlborg

Business Faculty Articles and Research

Several studies indicate that financial liberalization contributes to the likelihood of a financial crisis. We focus on banking crises and argue that they are most likely to occur after an intermediate degree of liberalization. Using a recently updated dataset for financial reforms in 48 countries between 1973 and 2005, we find an inverted U-shaped relationship between liberalization and the likelihood of crisis. We ask whether the relationship remains when institutional characteristics of countries and dynamic effects of liberalization are considered. The empirical results indicate that the relationship between liberalization and banking crises depends strongly on the strength of capital regulation ...


A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin 2010 University of California, Hastings College of the Law

A National Security Puzzle: Mosaic Theory And The First Amendment Right Of Access In The Federal Courts, Michael P. Goodwin

Hastings Communications and Entertainment Law Journal

No abstract provided.


Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher 2010 University of California, Hastings College of the Law

Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher

Hastings Communications and Entertainment Law Journal

No abstract provided.


(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions, Chris Chambers Goodman 2010 University of California, Hastings College of the Law

(M)Ad Men: Using Persuasion Factors In Media Advertisements To Prevent A Tyranny Of The Majority On Ballot Propositions, Chris Chambers Goodman

Hastings Communications and Entertainment Law Journal

No abstract provided.


Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes, Grace Pak 2010 University of California, Hastings College of the Law

Applying The Rationales Of Patent Claim Construction Doctrines To Interpretation Of Patent Statutes, Grace Pak

Hastings Communications and Entertainment Law Journal

No abstract provided.


Judicial Kryptonite: Superman And The Consideration Of Moral Rights In American Copyright, Sean McGilvray 2010 University of California, Hastings College of the Law

Judicial Kryptonite: Superman And The Consideration Of Moral Rights In American Copyright, Sean Mcgilvray

Hastings Communications and Entertainment Law Journal

No abstract provided.


Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan 2010 John Marshall Law School

Government Identity Speech And Religion: Establishment Clause Limits After Summum, 19 Wm. & Mary Bill Rts. J. 1 (2010), Mary Jean Dolan

Faculty Scholarship

This Article offers in-depth analysis of the opinions in Pleasant Grove v. Summum. Summum is a significant case because it expands "government speech" to cover broad, thematic government identity messages in the form of donated monuments, including the much-litigated Fraternal Order of Eagles-donated Ten Commandments. The Article explores the fine distinctions between the new "government speech doctrine"- a defense in Free Speech Clause cases that allows government to express its own viewpoint and to reject alternative views-and "government speech" analyzed under the Establishment Clause, which prohibits government from expressing a viewpoint on religion, and from favoring some religions over others ...


The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe 2010 Taft, Stettinius & Hollister

The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe

The Global Business Law Review

It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each ...


China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow 2010 The Ohio State University Moritz College of Law

China’S Response To The Global Financial Crisis: Implications For U.S. – China Economic Relations , Daniel C.K. Chow

The Global Business Law Review

The consequences of the global financial crisis for United States-China economic relations are still unfolding, and it is still unclear whether trade tensions will escalate into trade sanctions. What seems clear, however, is that there is a rising tide of protectionism in both countries based upon what hardliners on each side perceive to be unfair practices and policies implemented by the other. Historically, mutual policies of protectionism between trading partners leads to trade sanctions, which would be an unfortunate result for United States-China economic relations. It remains to be seen whether hardliners in both countries will push the two trading ...


What Do Federal District Judges Want? An Analysis Of Publications, Citations, And Reversals, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati 2010 University of Chicago

What Do Federal District Judges Want? An Analysis Of Publications, Citations, And Reversals, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

Coase-Sandor Working Paper Series in Law and Economics

We report evidence from a dataset of federal district judges from 2001 to 2002 that district judges adjust their opinion-writing practices to minimize their workload while maximizing their reputation and chance for elevation to a higher court. District judges in circuits with politically uniform circuit judges are better able to predict what opinions will get affirmed by the circuit court, leading to higher publication rates and a higher affirmance rate. In contrast, district judges in circuits with politically diverse circuit judges are less able to predict the preferences of the reviewing circuit court panel, leading district judges to publish fewer ...


The Future Of Taxation, Joseph Isenbergh 2010 University of Chicago Law School

The Future Of Taxation, Joseph Isenbergh

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.


Why (And When) Judges Dissent: A Theoretical And Empirical Analysis, Richard A. Posner, William M. Landes, Lee Epstein 2010 University of Chicago Law School

Why (And When) Judges Dissent: A Theoretical And Empirical Analysis, Richard A. Posner, William M. Landes, Lee Epstein

Coase-Sandor Working Paper Series in Law and Economics

This paper develops and tests a model of self-interested judicial behavior to explore the phenomenon of judicial dissents, and in particular what we call "dissent aversion," which sometimes causes a judge not to dissent even when he disagrees with the majority opinion. We examine dissent aversion using data from both the federal courts of appeals and the U.S. Supreme Court. Our empirical findings are consistent with the predictions of the model. In the court of appeals, the frequency of dissents is negatively related to the caseload and positively related to ideological diversity among judges in the circuit and circuit ...


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