Digital Commons Network^™

Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times (European Parliament), Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.

Why France Needs To Collect Data On Racial Identity... In A French Way, David B. Oppenheimer

David B Oppenheimer

No abstract provided.

Negligent Discrimination, David Benjamin Oppenheimer

David B Oppenheimer

No abstract provided.

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Angela Onwuachi-Willig

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown versus Board …

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Angela Onwuachi-Willig

No abstract provided.

Complimentary Discrimination And Complementary Discrimination In Faculty Hiring, Angela Onwuachi-Willig

Angela Onwuachi-Willig

No abstract provided.

Toko Viva Shop Jual Obat Klg Asli *0822-4358-8886 Di Bandung Cod, Vanya Shop

Vanya Shop

Commercial Success And Patent Standards: Economic Perspectives On Innovation, Robert P. Merges

Robert P Merges

This Article criticizes a recent line of patent decisions in which the Court of Appeals for the Federal Circuit has considered evidence of an innovation's commercial success in deciding whether to award a patent to the inn innovator. Professor Merges briefly reviews the history of patent law and concludes that one of its principle purposes is to reward "invention," or the achievement of a significant technical advance and thereby to spur innovative technological development. He notes, however, that recently, the Federal Circuit has begun to consider "secondary factors," including the financial success of a commercialized invention, and the extent to …

Measuring The Costs And Benefits Of Patent Pools, Robert P. Merges, Michael Mattioli

Robert P Merges

No abstract provided.

Apple V. Franklin: An Essay On Technology And Judicial Competence, Robert P. Merges

Robert P Merges

Commenting on the close relationship between technological and legal developments, Grant Gilmore once wrote: "The reason for the dramatic change in English law during the second half of the eighteenth century is not far to seek. We know it as the industrial revolution."' His insight, although directed to trends in commercial law in eighteenth century England, is not limited to a particular legal discipline or a single historical epoch. Indeed, the many new activities and products stemming from recent technological innovations are provoking changes in American law comparable in magnitude to those experienced during the industrial revolution.

High Technology Entrepreneurs And The Patent System: Results Of The 2008 Berkeley Patent Survey, Stuart J. H. Graham, Robert P. Merges, Pam Samuelson, Ted Sichelman

Robert P Merges

No abstract provided.

A Transactional View Of Property Rights, Robert P. Merges

Robert P Merges

No abstract provided.

Structuring A Market-Oriented Federal Eco-Information Policy, Peter S. Menell

Peter Menell

No abstract provided.

Adapting Copyright For The Mashup Generation, Peter S. Menell

Peter Menell

Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have emerged as a defining genre for post-Napster generations. Yet the uncertain contours of copyright liability as well as prohibitive transaction costs have pushed this genre underground, stunting its development, limiting remix artists' commercial channels, depriving sampled artists of fair compensation, and further alienating netizens and new artists from the copyright system. In the real world of transaction costs, subjective legal standards, and market power, no solution to the mashup problem will achieve perfection across all dimensions. The appropriate inquiry is …

Unwinding Sony, Peter S. Menell, David Nimmer

Peter Menell

No abstract provided.

Using Fee Shifting To Promote Fair Use And Fair Licensing, Peter S. Menell, Ben Depoorter

Peter Menell

The fair use doctrine seeks to facilitate socially optimal uses of copyrighted material. As a practical matter, however, cumulative creators,such as documentary filmmakers and many contemporary musicians, are often reluctant to rely on the fair use doctrine because of its inherent uncertainty, the potentially harsh remedies for copyright infringement, and the practical inability to obtain effective preclearance rights.Moreover, copyright owners have no obligation under existing law to respond to a cumulative creator's inquiry. Thus, a familiar refrain in professional creative communities is "if in doubt, leave it out." In this Article we propose a novel mechanism that would afford a …

Adapting Copyright For The Mashup Generation, Peter S. Menell

Peter Menell

No abstract provided.

Economic Implications Of State Sovereign Immunity From Infringement Of Federal Intellectual Property Rights, Peter S. Menell

Peter Menell

No abstract provided.

Copyright's Staple Article Of Commerce Doctrine: Patently Misguided, David Nimmer, Peter S. Menell

Peter Menell

No abstract provided.

Regulating Spyware: The Limitations Of State Laboratories And The Case For Federal Preemption Of State Unfair Competition Laws, Peter S. Menell

Peter Menell

Drawing on Justice Brandeis's oft-cited observation that states can serve as 'laboratories" of policy experimentation, this Article develops a framework for assessing the allocation of governance authority for regulating Internet activities. In particular, it focuses on whether states should be free to experiment with regulatory approaches or whether the federal government should have principal, if not exclusive (preemptive), regulatory authority over Internet-related activities. Using recent efforts to regulate spyware and adware as a case study, the analysis shows that the lack of harmonization of and uncertainty surrounding, state unfair competition law produces costly, confusing, multi-district litigation and pushes enterprises to …

A Comparative Examination Of Counter-Terrorism Law And Policy, Laurent Mayali, John Yoo

Laurent Mayali

This article conducts a comparative analysis of U.S. and European counter-terrorism law and policy. Recent attacks vy ISIS in the U.S., France, and Germany have revealed important differences between American and European approaches. Before September 11, 2001, the United States responded to terrorism primarily with existing law enforcement authorities, though in isolated cases it pursued military measures abroad. In this respect, it lagged behind the approach of European nations, which had confronted internal terrorism inspired vy leftwing ideology or separatist goals. But after the 9-11 attacks, the United States adopted a preventive posture that aimed to pre-empt terrorist groups before …

Qualitative Methods For Law Review Writing, Katerina Linos, Melissa Carlson

Katerina Linos

Typical law review articles not only clarify what the law is, but also examine the history of the current rules, assess the status quo, and present reform proposals. To make theoretical arguments more plausible, legal scholars frequently use examples: they draw on cases, statutes, political debates, and other sources. But legal scholars often pick their examples unsystematically and explore them armed with only the tools for doctrinal analysis. Unsystematically chosen examples can help develop plausible theories, but they rarely suffice to convince readers that these theories are true, especially when plausible alternative explanations exist. This project presents methodological insights from …

If Not A Commercial Republic? Political Economy In The United States After Citizens United, David A. Westbrook

David A. Westbrook

In Citizens United v. Federal Election Commission , a majority of the Supreme Court conceived the United States to be an oligarchy and ruled accordingly. What this decision might come to mean for political economy in the United States is explored through three interrelated responses to the decision. In the first, Citizens United is a turning point for constitutional law scholarship, and by extension, for what is expected from our legal system. After Citizens United , legal scholars may abandon the idea that the Court takes legal argument seriously, and that law thereby constrains, as well as expresses, social privilege. …

The Value Of Valor: Money, Medals And Military Labor, Mateo Taussig-Rubbo

Mateo Taussig-Rubbo

The United States Supreme Court recently overturned the Stolen Valor Act on the grounds that the law’s blanket prohibition on falsely claiming to have received a military medal or decoration violated the First Amendment right to free speech. This Article uses the controversy provoked by the law to explore the implications of offering compensation for military service in the form of medals. How is compensation in medals related to monetary compensation? Querying the distinctions between money and medals — and the ways in which the boundaries around medals are drawn and policed — offers a means of considering the forms …

Intrastate Federalism, Rick Su

Rick Su

In debates about the role of federalism in America, much turns on the differences between states. But what about divisions within states? The site of political conflict in America is shifting: battles once marked by interstate conflict at the national level are increasingly reflected in intrastate clashes at the local. This shift has not undermined the role of federalism in American politics, as many predicted. Rather, federalism's role has evolved to encompass the growing divide within states and between localities. In other words, federalism disputes — formally structured as between the federal government and the states — are increasingly being …

Judicial Review And Non-Enforcement At The Founding, Matthew Steilen

Matthew Steilen

This Article examines the relationship between judicial review and presidential non-enforcement of statutory law. Defenders of non-enforcement regularly argue that the justification for judicial review that prevailed at the time of the founding also justifies the president in declining to enforce unconstitutional laws. The argument is unsound. This Article shows that there is essentially no historical evidence, from ratification through the first decade under the Constitution, in support of a non-enforcement power. It also shows that the framers repeatedly made statements inconsistent with the supposition that the president could refuse to enforce laws he deemed unconstitutional. In contrast, during this …

Parental Rights And The State Regulation Of Religious Schools, Matthew Steilen

Matthew Steilen

In Wisconsin v. Yoder, the United States Supreme Court invalidated convictions of several Amish parents for removing their children from school in violation of state mandatory attendance laws. In reaching its decision, the Court argued that protecting the Amish parents’ decisions fit into a longstanding American tradition of giving parents control over the upbringing of their children. Yet the Supreme Court mischaracterized the history of parental rights and state interests in education. Contemporary historical research shows that parents have long ceded a large measure of control to the state in the education of their children. Still, very little has been …

On The Place Of Judge-Made Law In A Government Of Laws, Matthew Steilen

Matthew Steilen

This essay explores a constitutional account of the elevation of the judiciary in American states following the Revolution. The core of the account is a connection between two fundamental concepts in Anglo-American constitutional thinking, discretion and a government of laws. In the periods examined here, arbitrary discretion tended to be associated with alien power and heteronomy, while bounded discretion was associated with self-rule. The formal, solemn, forensic, and public character of proceedings in courts of law suggested to some that judge-made law (a product of judicial discretion under these proceedings) did not express simply the will of the judge or …

Who Should Protect The Forest: Conservation Easements In The Forest Legacy Program, Jessica Owley, Stephen J. Tulowiecki

Jessica Owley

No abstract provided.

Enhancing Conservation Options: An Argument For Statutory Recognition Of Options To Purchase Conservation Easements (Opces), Federico Cheever, Jessica Owley

Jessica Owley

The most dynamic component of the conservation movement in the United States for the past three decades has been land conservation transactions. In the United States, land conservation organizations have protected roughly 40 million acres of land through transactions. Most of these acres have been protected using conservation easements. Climate change threatens the vast conservation edifice created by land conservation transactions. The tools of land conservation transactions are, traditionally, stationary. Climate change means that the resources that land conservation transactions were intended to protect may no longer remain on the land protected. Options to purchase conservation easements (OPCEs) have long …