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Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo 2009 University of San Francisco

Commentary: Overcoming Judicial Preferences For Person- Versus Situation-Based Analyses Of Interrogation-Induced Confessions, Deborah Davis, Richard Leo

Richard A. Leo

This article identifies some fundamentally mistaken assumptions underlying admissibility decisions favoring disposition-related expert testimony regarding individual vulnerability to false confession over situation-based testimony describing how the context or nature of interrogation can promote false confessions. The authors argue that it is important to understand both the forces of influence within police interrogations and the individual differences that enhance vulnerability to these forces. Most false confessions occur in the context of interrogation and in response to the sources of distress and persuasive tactics of the interrogation. For this reason, this article suggests that experts asked to evaluate an interrogation-induced confession should ...


Technological Fair Use, Edward Lee 2009 Chicago-Kent College of Law

Technological Fair Use, Edward Lee

Edward Lee

The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside ...


Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds 2009 University of Maryland School of Law

Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.


Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl 2009 Cleveland State University

Space Tourism And Export Controls: A Prayer For Relief, Mark J. Sundahl

Mark J. Sundahl

The recent emergence of the commercial human spaceflight industry is a transformative moment in the history of mankind. Multiple space tourism companies are planning to send private passengers on suborbital flights in the coming years, private spaceports are being built around the world, and at least one company, Bigelow Aerospace, is planning to build private space stations. Moreover, the new U.S. Space Policy recently announced by the Obama administration promises to accelerate the development of the spaceflight industry by relying on private companies to meet governmental needs, such as ferrying goods and people to the International Space Station. This ...


Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich 2009 University of Massachusetts Medical School

Police-Induced Confessions, Risk Factors, And Recommendations: Looking Ahead, Saul M. Kassin, Steven A. Drizin, Thomas Grisso, Gisli H. Gudjonsson, Richard A. Leo, Allison D. Redlich

Richard A. Leo

Reviewing the literature on police-induced confessions, we identified suspect characteristics and interrogation tactics that influence confessions and their effects on juries. We concluded with a call for the mandatory electronic recording of interrogations and a consideration of other possible reforms. The preceding commentaries make important substantive points that can lead us forward—on the effects of videotaping of interrogations on case dispositions; on the study of non-custodial methods, such as the controversial Mr. Big technique; and on an analysis of why confessions, once withdrawn, elicit such intractable responses compared to statements given by child and adult victims. Toward these ends ...


Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan 2009 Chapman University School of Law

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis ...


Must, Should, Shall, Steven S. Gensler 2009 University of Oklahoma Norman Campus

Must, Should, Shall, Steven S. Gensler

Steven S. Gensler

No abstract provided.


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 ...


Områdesskydd Enligt Miljöbalken, Fortsättning, Evgenia Pavlovskaia 2009 Law Faculty, University of Lund

Områdesskydd Enligt Miljöbalken, Fortsättning, Evgenia Pavlovskaia

Evgenia Pavlovskaia

- EU rätt Fågelskyddsdirektivet 79/409/EEG→2009/147/EEG Livsmiljödirektivet 92/43/EEG - Implementering i svensk rätt, kap. 7 MB - Skydd för djur och växter, kap. 8 MB - Praxis


Just Kids: Baltimore’S Youth In The Adult Criminal Justice System, Wendy Hess 2009 University of South Dakota School of Law

Just Kids: Baltimore’S Youth In The Adult Criminal Justice System, Wendy Hess

Wendy Hess

Maryland’s 20 year experiment with the “tough on crime” approach of automatically sending youth into adult criminal courts, jails and prisons for certain offenses has failed. National studies show that youth who are sent to adult facilities go on to commit more—and more violent—crimes than those who received rehabilitative services in the juvenile system. This costs taxpayers much more in the long run. Automatically charging youth as adults has been politically popular. But the data shows that when their cases are individually considered, most cases in Baltimore are dismissed or sent back to the juvenile system, raising ...


The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen 2009 University of Lund, Sweden

The Cfi Microsoft Judgment And Trips Competition Flexibilities, Hans Henrik Lidgard, Tu T. Nguyen

Hans Henrik Lidgard

The CFI Microsoft judgment is a first by any court of a WTO Member, disregarding the competition rules in the TRIPS Agreement to justify the application of domestic competition law to the exercise of IPRs. TRIPS allow WTO Members to enact and apply national competition law to IPR-related anti-competitive practices. The position of the CFI finds support in this fact. Still, it is regretted that the CFI did not invoke the TRIPS competition rules in justifying the Commission’s decision to force Microsoft to supply interoperability information. The article considers the consequences of the European position and the effects of ...


The Amended Google Books Settlement Is Still Exclusive, James Grimmelmann 2009 New York Law School

The Amended Google Books Settlement Is Still Exclusive, James Grimmelmann

James Grimmelmann

This brief essay argues that the proposed settlement in the Google Books case, although formally non-exclusive, would have the practical effect of giving Google an exclusive license to a large number of books. The settlement itself does not create mechanisms for Google's competitors to obtain licenses to orphan books and competitors are unlikely to be able to obtain similar settlements of their own. Recent amendments to the settlement do not change this conclusion.


A Tribute To Fred, Carla Spivack 2009 Oklahoma City University School of Law

A Tribute To Fred, Carla Spivack

Carla Spivack

No abstract provided.


The Nuclear Option: Promotion Of Advanced Nuclear Generation As A Matter Of Policy, Seth P. Cox 2009 University of California - Los Angeles

The Nuclear Option: Promotion Of Advanced Nuclear Generation As A Matter Of Policy, Seth P. Cox

Seth P. Cox

A flexible and adaptive energy policy is crucial to the continued progress of the American economy. Energy fuels all economic activity, and policy determines the manner in which energy is exploited. The most salient considerations regarding energy, sustainability, affordability and independence, shape the policy and direction of America. Energy policy must incorporate these concerns, while remaining receptive to changed valuation.

Appreciation of the relative weights of sustainability, affordability and independence is fluid. Over the last several years sustainability became a prominent issue. As the evidence mounts, it is more and more difficult to deny that current patterns of energy use ...


Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia 2009 Penn State Law

Business As Usual Immigration And The National Security Exception, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

Javaid Iqbal is a native and citizen of Pakistan and a Muslim. After moving to the United States, Iqbal worked as a cable television installer on Long Island. Iqbal was one among hundreds of men apprehended and detained by the United States Department of Justice in the weeks that followed the September 11, 2001 attacks. Iqbal was held in a federal prison in Brooklyn, New York called the Metropolitan Detention Center (MDC), for more than one year. In January 2002, Iqbal was transferred to the maximum security section of the jail known as the Administrative Maximum Special Housing Unit (ADMAX ...


Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers 2009 Drexel University School of Law

Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers

Amy L. Landers

Patent law is intended to promote the creativity of scientists and engi-neers. The system recognizes that the work of the individual is the engine that ultimately increases the state of scientific knowledge. As economist Paul Romer recognized, “Technological advance comes from things that people do.” Furthering creativity represents the constitutional, theoretical and doc-trinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and pro-poses how patent law can formulate a legal conception of creativity.

To undertake this ...


White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald W. Staudt 2009 Chicago-Kent College of Law

White Paper, The Emergence Of Knowledge Analysis: Change And Knowledge Management In Large Law Firms, Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Conscious Parallelism Revisited, Reza Dibadj 2009 University of San Francisco School of Law

Conscious Parallelism Revisited, Reza Dibadj

Reza Dibadj

Conscious parallelism, sometimes called tacit collusion, occurs where firms adopt their business practices based on what other firms are doing, rather than competing for customers. The most obvious manifestation occurs where prices across companies in an industry not only become suspiciously similar, but also change rapidly in strikingly parallel ways. Suggested examples are legion and varied: airline tickets, gasoline, cellular phone text messaging and roaming rates, interest rates on bank accounts, credit card interchange fees, movie tickets, recorded music, breakfast cereals, real estate and travel agent commissions, electricity prices in deregulated markets, and air cargo fuel surcharges, just to name ...


Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo 2009 University of Nevada, Reno

Interrogation Through Pragmatic Implication: Sticking To The Letter Of The Law While Violating Its Intent, Deborah Davis, Richard A. Leo

Richard A. Leo

In response to increasing evidence that police interrogation procedures can and do elicit false confessions from innocent suspects, American Courts have offered guidelines intended to protect suspects from coercive interrogations and to ensure the voluntariness and reliability of any confessions obtained. However, faced with legal prohibitions against police promotion of suspect confessions through use of physical coercion or explicit incentives for confession, American police interrogation tactics have evolved to rely on the use of pragmatic implication to nevertheless convey strong incentives for suspects to confess guilt—practices that have essentially diluted or circumvented the intended protections and that have continued ...


Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley 2009 University of Florida

Through The Doughnut Hole: Reimagining The Social Security Contribution And Benefit Base Limit, Patricia E. Dilley

Patricia E Dilley

ABSTRACT The Obama campaign proposal to address Social Security's future financing shortfalls by increasing the Social Security tax base limit only for those making more than $250,000 per year raises the broader question of the function of the base limit from a Social Security program perspective. The public supports increasing the wage base above all other possible avenues for solving long term financing issues, but the problems with the Obama "doughnut hole" proposal are substantial from several perspectives. In this article, the author suggests that the function of the base limit be reconsidered, and the benefit accrual function ...


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