Digital Commons Network^™

Dollywood Bollywood, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Jill Elaine Hasday

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance.

Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s] or perpetuate[s] the legal, social, and …

Western Frontier Or Feudal Society? Metaphors And Perceptions Of Cyberspace, Alfred C. Yen

Alfred C. Yen

The Article examines how metaphors influence perceptions of cyberspace. Among other things, the Article studies the comparison of cyberspace to the American western frontier and the metaphor's construction cyberspace as a "place" whose natural characteristics guarantee freedom and opportunity. This supports an often-made claim that cyberspace is different from real space, and that government should generally refrain from regulating the Internet.

The Article surveys the basis of the western frontier metaphor in academic history and popular culture and concludes that the metaphor misleads people to overestimate cyberspace's "natural" ability to guarantee freedom and opportunity. The Article accomplishes this in part …

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

La Cultura Del Narcotráfico Y Las Secuelas En Nuestra Sociedad., Rafael Angel Gomez Betancur

Rafael Angel Gómez Betancur

Changing Conceptions Of Lawyers' Pro Bono Responsibilities: From Chance Noblesse Oblige To Stated Expectations, Judith Maute

Judith L. Maute

No abstract provided.

Patenting Our Lives And Our Genes: Where Does Congress Stand? Public Commet To Ftc Hearing On Competition And Intellectual Property Law And Policy In The Knowledge-Based Economy, Thomas Horton

Thomas J. Horton

No abstract provided.

7. Expert Testimony On The Suggestibility Of Children: Does It Fit?, Thomas D. Lyon

Thomas D. Lyon

Dealing With Old Father William, Or Moving From Constitutional Text To Constitutional Doctrine: Progress Clause Review Of The Copyright Term Extension Act, Malla Pollack

Malla Pollack

The author suggests a textual approach to the choice of review standards for statutes enacted purusant to the so-called Intellectual Property Clause, which is more properly named the Progress Clause. Turning to text of the Constitution s relatively unproblematic because the Progress Clause contains unusually detailed constitutional text. Furthermore, what little the Court has stated about the fundamental goals of the Clause matches the author's reading of its text. Any approach based on the drafting or ratification discussions stumbles on the thinness of the record, as well as the record's possible unreliability. The text supports a standard of review higher …

What Is Congress Supposed To Promote? Defining ‘Progress” In Article I, Section 8, Clause 8 Of The U.S. Constitution, Or Introducing The Progress Clause, Malla Pollack

Malla Pollack

Empirical reserach into ratification-era uses of the word "progress" in the United States demonstrates that this word, as used in Article One, Section Eight, Clause Eight, means "spread," i.e. diffusion, distribution. To the extent that Congress chooses not to act under this clause, the default position is that each person in the United States has a property right not to be excluded from publicly accessible knowledge and technology. Congress has only a very limited power to create private quasi-property, i.e., rights to exclude the rest of the commoners. Congress may only create temporary individual rights for "authors" or "inventors" to …

Sprawl, Growth Boundaries And The Rehnquist Court , Michael E Lewyn

Michael E Lewyn

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The article concludes that the program is constitutional under current precedent, and that (contrary to claims made by UGB critics) there is little evidence that the UGB has caused Oregon's runup in housing prices. On the other hand, UGB supporters may have exaggerated the UGB's positive environmental results.

Controversias Jurisdiccionales Por La Apropiación De Recursos Hídricos, Max Garcia

Max Garcia Sanchez

No abstract provided.

Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera

Artemio Rivera

To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.

Privatizing Commercial Law: Lessons From Icann, Gillian K. Hadfield

Gillian K Hadfield

No abstract provided.

6. Child Witnesses And The Oath., Thomas D. Lyon

Thomas D. Lyon

Letter To Fcc Chairman Powell Concerning Auction 35, Vernon L. Smith, Peter Cramton, Robert W. Crandall, Robert W. Hahn, Robert G. Harris, Jerry A. Hausman, Thomas W. Hazlett, Douglas Lichtman, Paul W. Macavoy, Paul R. Milgrom, J. Gregory Sidak, Richard Schmalensee, Hal J. Singer, William E. Taylor Iii, David Teece

Vernon L. Smith

Fifteen scholars on auctions and telecommunications regulation urge the FCC to cancel bids made in, or permit winning bidders to opt out of, the reauction of the NextWave licenses in Auction 35.

For auctions to function efficiently, buyers and sellers must follow basic rules, including the rule that a seller deliver in a timely manner what the winning bidder has purchased. This rule has not been applied in Auction 35. The FCC auctioned something that it did not have - immediate access to the spectrum for the winning bidders. Thus, if the FCC forces the winning bidders to pay, they …

The Multiple Unconstitutionality Of Business Method Patents: Common Sense, Congressional Choice, And Constitutional History, Malla Pollack

Malla Pollack

Business method patents are of sufficiently doubtful constitutionality that the Supreme Court should either render them void or, at the least, require a clear Congressional fact finding that they are likely to promote the "Progress of . . . [the] Useful Arts." Four separate arguments support this conclusion. First, common sense shows that patents on business methods do not promote progress. Second, Congress has not considered whether business method patents are likely to promote progress. Third, "useful arts," as that phrase is used in the Constitution, does not include mere commerce. Lastly, the historical background of the Intellectual Property Clause …

Party Admissions In Criminal Cases: Should The Government Have To Eat Its Words?, Anne Poulin

Anne Poulin

As currently applied, evidence law gives the government an unfair advantage in criminal trials because the prosecution is not responsible for prior statements made by agents acting or speaking for the government. Many courts have held, and most general sources agree, that in criminal cases the statements of government agents are not admissible over hearsay objections as party admissions. The defendant is therefore precluded from even informing the jury of helpful statements made by government agents. Dealing with admissions by government agents in this manner leaves the government free to change its position without repercussions and creates the risk of …

Law, Science, And Science Studies: Contrasting The Deposition Of A Scientific Expert With Ethnographic Studies Of Scientific Practice, David Caudill

David S Caudill

No abstract provided.

Rip, Mix, Burn: The Politics Of Peer To Peer And Copyright Law, Kathy Bowrey, Matthew Rimmer

Matthew Rimmer

Why Lawyers Should Care, John C. Dernbach

John C. Dernbach

No abstract provided.

Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth

David A. Wirth

No abstract provided.

Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, Daniel J. Gervais

Daniel J Gervais

he 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc. delivered was hailed both as a landmark decision and a legal bomb. Was Feist so original as to deserve all the attention? After all, it did not establish a new originality paradigm as such but only ended a long division among federal circuits concerning the protection under copyright of factual compilations. A number of circuits had adopted a test similar to the one articulated in Feist (i.e., based on creative selection), while others required only evidence of labor, a test known as sweat of the …

Defining The Pattern Of The Sustainable Urban Region - Development Of Regional Measurement Methods, Elizabeth Brabec, Geoffrey Mcd. Lewis

Elizabeth Brabec

To date, the debate on the sustainability of human settlements has focused on the urban portion of the land use pattern. Since urban areas rely on suburban, rural, and other less densely settled areas for their existence, these areas must be included in any sustainability assessment. This need for a regional view has resulted in a typology of regional form, which allows comparisons of relative sustainability between various regional land use patterns. Based on resource efficiency, this regional analysis includes measurements related to water, agricultural land, habitat, energy use, and transportation and identifies primary indicators for each category. Existing methods …

5. Scientific Support For Expert Testimony On Child Sexual Abuse Accommodation., Thomas D. Lyon

Thomas D. Lyon

Adverse Juvenile Sex Ratio In Kerala By Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Census 2001 has revealed a deterioration in the juvenile malefemale sex ratio in Kerala. Hospital birth records can help establish sex ratios at birth and thus the prevalence of female foeticide. However, civil society and the state will need to pitch in to check the misuse of technology for female foeticide in Kerala

State Repression: Behind The Mask Of Democracy ..., Ashok Agrwaal

Ashok Agrwaal

There has never been a satisfactory solution to the problem of handling / controlling political power, albeit the liberal claim that theirs is the best of the possible solutions known to human history. Notwithstanding the rhetoric justifying the creation and evolution of the modern nation-state, which focuses on its potential – through the ‘Rule of Law’ – to be more just and egalitarian than any other system of organised political power, there is overwhelming empirical evidence to show that things have not changed very much. States continue to repress their citizens in all manner of ways. The difference being that, …

Conjoined Twins And Catholic Moral Analysis: Extraordinary Means And Casuistical Consistency, M. Cathleen Kaveny

M. Cathleen Kaveny

This article draws upon the Roman Catholic distinction between “ordinary” and “extraordinary” means of medical treatment to analyze the case of “Jodie” and “Mary,” the Maltese conjoined twins whose surgical separation was ordered by the English courts over the objection of their Roman Catholic parents and Cormac Murphy-O’Connor, the Roman Catholic Cardinal Archbishop of Westminster. It attempts to shed light on the use of that distinction by surrogate decision makers with respect to incompetent patients. In addition, it critically analyzes various components of the distinction by comparing the reasoning used by Catholic moralists in this case with the reasoning used …

Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch

Horacio M. LYNCH

Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.

Impervious Surfaces And Water Quality: A Review Of Current Literature And Its Implications For Watershed Planning, Elizabeth Brabec

Elizabeth Brabec

Impervious surfaces have for many years been recognized as an indicator of the intensity of the urban environment and, with the advent of urban sprawl, they have become a key issue in habitat health. Although a considerable amount of research has been done to define impervious thresholds for water quality degradation, there are a number of flaws in the assumptions and methodologies used. Given refinement of the methodology, accurate and usable parameters for preventative watershed planning can be developed, which include impervious surface thresholds and a balance between pervious and impervious surfaces within a watershed.