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State Extraterritorial Powers Reconsidered, Mark D. Rosen 2009 IIT Chicago-Kent College of Law

State Extraterritorial Powers Reconsidered, Mark D. Rosen

Mark D. Rosen

No abstract provided.


Summary Judgment And The Influence Of Federal Rulemaking (Foreword To Symposium: The Future Of Summary Judgment), Bernadette Bollas Genetin 2009 University of Akron School of Law

Summary Judgment And The Influence Of Federal Rulemaking (Foreword To Symposium: The Future Of Summary Judgment), Bernadette Bollas Genetin

Bernadette Bollas Genetin

This essay provides an overview of symposium articles on The Future of Summary Judgment, which were submitted in connection with the Section on Litigation’s program on summary judgment at the 2010 Annual Meeting of the Association of American Law Schools. Contributions to the symposium by Professors Edward Brunet, Stephen Burbank, Jeffrey Cooper, Steven Gensler, and Linda Mullenix, explore issues regarding (1) amendments to Federal Rule 56 that are set to take effect on December 1, 2010; (2) emerging safeguards to prevent improvident grant of summary judgment; (3) the potential of summary judgment to impact interrelated aspects of the pretrial ...


Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor 2009 University of Haifa

Expansion And Contraction In Monopolization Law, Michal Gal, Spencer Waller Weber, Avishalom Tor

Avishalom Tor

This article introduces a special symposium issue of the Antitrust Law Journal based on a conference on monopolization. It argues that monopolization law has been experiencing simultaneous expansion and contraction processes that are not wholly contradictory but at least partly complementary. Specifically, the authors suggest that the contraction of monopolization law in the United States and the EU might serve to facilitate its expansion and increased importance worldwide, providing other antitrust regimes with more focused and effective tools to address the challenges involved in regulating dominant firms. Moreover, monopolization law's increased reach internationally also has made its refinement and ...


Review Of Stephen M. Krason, The Public Order And The Sacred Order: Contemporary Issues, Catholic Social Thought, And The Western And American Legal Traditions (Scarecrow Press 2009) (Invited), Patrick McKinley Brennan 2009 1567

Review Of Stephen M. Krason, The Public Order And The Sacred Order: Contemporary Issues, Catholic Social Thought, And The Western And American Legal Traditions (Scarecrow Press 2009) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu 2009 University of Maryland School of Law

Dignity, Sovereignty, Human Rights And The State: Disinterring Forgotten Relationships, Maxwell O. Chibundu

Maxwell O. Chibundu

No abstract provided.


Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack 2009 Oklahoma City University School of Law

Disappearing Civil Liberties: The Case Of Post-9/11 Fiction, Carla Spivack

Carla Spivack

No abstract provided.


The Concept Of Precedent And Its Significance In The Constitutional Law Of The United States, Robert S. Barker 2009 Duquesne University School of Law

The Concept Of Precedent And Its Significance In The Constitutional Law Of The United States, Robert S. Barker

Robert S. Barker

No abstract provided.


Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda 2009 Chapman University School of Law

Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda

Ronald D. Rotunda

Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor ...


Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard 2009 University of Lund, Sweden

Swedish Copyright Evergreens Mini-Maglite?, Hans Henrik Lidgard

Hans Henrik Lidgard

In April 2009 the Swedish Supreme Court recognized copyright protection for the Mini-Maglite® torch as “artware” without any requirement for a special expression level. The overall impression of the well known Mini-Maglite torch was held to be different from other similar torches.The Court held that it displayed a sufficient degree of independence and originality despite the fact that the functional design properties of the torch are neither new nor original. This article investigates the intersection between different IPR rules in Sweden and certain other European countries and the possible extent of the copyright legislation. It concludes that the Swedish ...


2010 Planetizen Blog Posts, Michael Lewyn 2009 Touro Law Center

2010 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Planetizen blog posts on urban and suburban issues.


Without A Prayer?: Spirituality And Performance In Law School – A Reply To Professor Taylor, Richard E. Redding 2009 Chapman University School of Law

Without A Prayer?: Spirituality And Performance In Law School – A Reply To Professor Taylor, Richard E. Redding

Richard E. Redding

Professor Scott Taylor’s Spirituality and Academic Performance at a Catholic Law School: An Empirical Study was disheartening to Catholics and fellow travelers because it reported finding no relationship between the spirituality of law students and their academic performance at a prominent Catholic law school committed to its religious identity. In this essay, I explain how Professor Taylor’s study – the first and only one of its kind – is so methodologically flawed it leaves us unable to conclude anything about whether spirituality is related to academic performance. After a review of the few prior research studies on spirituality and performance ...


The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin 2009 Chicago-Kent College of Law

The Canadian Auto Workers--Magna International 'Framework For Fairness' Agreement: A U.S. Perspective (Symposium), Martin H. Malin

Martin H. Malin

No abstract provided.


Should There Be Remote Public Access To Court Filings In Immigration Cases?, Daniel Kanstroom, David McCraw, Eleanor Acer, Elizabeth Cronin, Mark Walters 2009 Boston College Law School

Should There Be Remote Public Access To Court Filings In Immigration Cases?, Daniel Kanstroom, David Mccraw, Eleanor Acer, Elizabeth Cronin, Mark Walters

Daniel Kanstroom

No abstract provided.


The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig 2009 University of California - Berkeley

The Gatehouses And Mansions: 50 Years Later, Richard Leo, K. Alexa Koenig

Richard A. Leo

In 1965, Yale Kamisar authored “Equal Justice in the Gatehouses and Mansions of American Criminal Procedure,” an article that would come to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for “playing a significant part in producing some of the [Warren] Court’s most important criminal-procedure decisions” (White 2003-04), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar ...


Keeping Incest In The Family, David Field 2009 Bond University

Keeping Incest In The Family, David Field

David Field

In its recent decision in R v Rose (2009) 227 FLR 433 [2009] QCA 83227 FLR 433 [2009] QCA 83, the Queensland Court of Appeal held that it did not constitute the crime of "incest" for a man to have consensual intercourse with the 17-year-old daughter of his former de facto because, in terms of s 222(8) of the Queensland Criminal Code , the two were "entitled to be married". The author argues that this decision has unfortunate implications, for future "victims" of such crimes, for the normally understood distinction between a "right" and a "freedom", and for the consistency ...


The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia 2009 Penn State Law

The Role Of Prosecutorial Discretion In Immigration Law, Shoba S. Wadhia

Shoba Sivaprasad Wadhia

The concept of "prosecutorial discretion" appears in the immigration statute, agency memoranda and court decisions about select immigration enforcement decisions. Prosecutorial discretion extends to decisions about which offenses or populations to target; whom to stop, interrogate, and arrest; whether to detain or release a noncitizen; whether to initiate removal proceedings; and whether to execute a removal order; among other decisions. Similar to the criminal context, prosecutorial discretion in the immigration context is an important tool for achieving cost-effective law enforcement and relief for individuals who present desirable qualities or humanitarian circumstances. Yet there is a dearth of literature on the ...


Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour 2009 University of California, Hastings College of the Law

Moving Targets: Placing The Good Faith Doctrine In The Context Of Fragmented Policing, Hadar Aviram, Richard Leo, Jeremy Seymour

Richard A. Leo

The debate sparked by Herring v. United States is a microcosm of the quintessential debate about the scope of the Fourth Amendment’s exclusionary rule and ultimately the appropriate breadth of police authority and constitutional review by courts. Offering a new reading of the decision, this article argues that Herring reflects a healthy dosage of real politik and an acknowledgement that American policing is characterized by a fragmented, localized structure with little overview and control, and much reliance on local agencies. Part I presents the authors’ interpretation of Herring as a case hinging upon the question “who made the mistake ...


Mexican Families & United States Immigration Reform, Bernard Trujillo 2009 Valparaiso University

Mexican Families & United States Immigration Reform, Bernard Trujillo

Bernard Trujillo

This essay argues that we should understand U.S. immigration policy as a series of bi-national relationships rather than as a single, user-indifferent interface. Applying this regulatory approach to Mexican labor migration (i) allows a more accurate definition of the migrating person in the context of the family he seeks to support; and (ii) highlights the United States' duty to provide for Mexican families.


Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei 2009 Lund University

Case Comment Solvay C-57/01 Top Slices Rebates, Emanuela A. Matei

Emanuela A. Matei

The case concerns top-slices rebates, as abusive practices under 102(2)(b) and 102(2)(c)TFEU. The judgment is in line with the previous case-law, reinforcing that a dominant undertaking has a special responsibility not to eliminate the residual competition. Solvay’s arguments that support the pleas on the absence of a dominant position and of an abuse and concern the structure of its production costs are rejected by the Court. As to the procedural part, the absence of repeated infringements is established by the Court in its finding that collusion and abuse of dominance are not similar types ...


Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton 2009 Syracuse University

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

A. Joseph Warburton

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers ...


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