Digital Commons Network^™

The End Of Bargaining In The Digital Age, Saul Levmore, Frank Fagan

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No abstract provided.

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

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On Unknown Opportunities And Perils: Reflections On Carrier And Minniti’S “Biologics: The New Antitrust Frontier.”, Tom Cotter

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Surrogacy Professionalism, June Carbone, Christina O. Miller

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The Neglected Role Of Justification Under Uncertainty In Corporate Governance And Finance, Claire Hill, Alessio M. Pacces

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Book Review: Gottfried Wilhelm Leibniz, The New Method Of Learning And Teaching Jurisprudence: According To The Principles Of The Didactic Art Premised In The General Part And In The Light Of Experience, Scott Dewey

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Review of Leibniz, Gottfried Wilhelm. The New Method of Learning and Teaching Jurisprudence: According to the Principles of the Didactic Art Premised in the General Part and in the Light of Experience. The First Complete English Translation of the 1667 Frankfurt Edition with Notes by Carmelo Massimo de Iuliis. Clark, NJ: Talbot Publishing, 2017. lxxxvii, 218p. Hardbound. ISBN: 978-1-61619-5472. $85.00.

A New Historical Jurisprudence?, Brian Bix

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Patent Damages Heuristics, Tom Cotter

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How Is Competition Policy Coping With Atlantic Area Airline Markets?, Daniel Gifford, Robert T. Kudrle

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Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

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Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry

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The Promise And Failure Of Silence As A Shield Against Immigration Enforcement, Linus Chan

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Commodified Promises And Contract Theory, Brian Bix

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Stranger Than Fiction: How Lawyers Can Accurately And Realistically Tell A True Story By Using Fiction Writers’ Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page

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This Article differs from other articles on related topics in that it focuses broadly on including specific details to establish an overall sense of reality. In contrast, in his article, This is Not the Whole Truth, Professor Steve Johansen discusses those details that can ethically be omitted; this Article, however, is about which select details to include rather than to omit. Although some articles have focused on details regarding specific objects, such as an obtuse object or an endowed object, this Article covers a wider category of details that applies throughout the narrative as opposed to details that surface only …

Problem-Based Learning: Student Perceptions Of Its Value In Developing Professional Skills For Engineering Practice, Una Beagon, Dervilla Niall, Eabhnat Ni Fhloinn

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This study explores students’ perceptions of the effectiveness of a Problem-Based Learning (PBL) design project, taken as part of a first-year engineering module, in developing professional skills needed for engineering practice. Students completed surveys before and after the PBL group project, and produced personal reflections on the process. The closed survey questions were analysed quantitatively and the main themes from the reflections outlined using General Inductive Analysis. Students rated themselves as having improved across a range of professional skills as a result of the project, with particular emphasis on teamwork, communication skills, understanding of the design process and self-directed learning. …

So Ordered The Techniques Of Great Judicial Stylists, Jill Barton

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Judges are writers first. And many write exceptionally well, lacing their prose with artful passages, vivid descriptions, stinging rebukes, and clever turns of phrase. What's even more remarkable is that they do all this while crafting the law.

The goal of great legal writing has always been plain language. James Madison called for concise, straightforward language when defending the U.S. Constitution, writing that it "will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot …

Modularity In Cross-Border Insolvency, Andrew B. Dawson

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The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby

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Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen

Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?

But while these stories of everyday individuals …

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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Old Wine In New Bottles? The Trade Rule Of Law, Kathleen Claussen

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Fraudulent Conveyances Masquerading As Asset Protection Trusts, James J. White

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Viewed with a dispassionate but slightly skeptical eye, transfers to asset protection trusts are fraudulent conveyances pure and simple. I think so and the evidence points that way.

The asset protection trust is a simulacrum of the well-known and thoroughly conventional mode of holding assets for a “beneficiary” by a “trustee” under the terms of an elaborate document. Trusts, of course, are widely used in estate planning and elsewhere in circumstances where one person, the settlor, wishes to make assets available to another on the settlor’s terms; a parent might use a trust to put aside assets for a minor …

Using Moocs To Promote Digital Accessibility And Universal Design, The Moocap Experience, John Gilligan, W. Chen, J. Darzentas

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The recently completed Massive Open Online Course for Accessibility Partnership project (MOOCAP), had the twin aims of establishing a strategic partnership around the promotion of Universal Design and Accessibility for ICT professionals and of developing a suite of Open Educational resources (OERs) in this domain. MOOCAP's eight university partners from Germany, Norway, Greece, Ireland, the UK and Austria have a significant history in developing and providing courses in the domains of Universal Design and Accessibility, as well as leading research and advocacy roles within Europe. The MOOCAP project consisted of two phases: the development of an introductory MOOC on Digital …

A Proposal For The International Law Commission To Study Universal Criminal Jurisdiction, Charles C. Jalloh

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The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the …

Regulating By Example, Susan C. Morse, Leigh Osofsky

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Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …

From The Editors, Anthony E. Varona, Camille A. Nelson

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The Other Trade War, Kathleen Claussen

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The Torture Of Children And Adolescents Living And Dying In Guatemala’S Institutions, Madeleine M. Plasencia

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In this article, Professor Madeleine Plasencia examines the legal context of treatment of disabled children in Guatemala living in institutionalized environments. The article explores evidence that children confined in orphanages and other public care facilities in Guatemala endure conditions that violate the provisions against torture and other cruel or degrading treatment or punishment provided under various international instruments, including the Convention on the Rights of the Child. The article discusses the growing world-wide desperation from poverty and food scarcity that drives families to place their children with and without disabilities in state-supported institutions. The article argues that foreign funding and …

The Infinite Power Of Grammar, Patrick Barry

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Good lawyers know that effective advocacy requires more than just choosing the right words; it also requires choosing the right word order. The formal term for this choice is “syntax.” But perhaps a better description comes from a 1976 essay by Joan Didion called “Why I Write.”

In it, Didion draws a helpful parallel between the arrangement of a photograph and the arrangement of a sentence. “To shift the structure of a sentence,” she notes, “alters the meaning of that sentence, as definitely and inflexibly as the position of the camera alters the meaning of the object photographed.” Didion refers …

Beyond Norms: Using International Economic Tools To Deter Malicious State-Sponsored Cyber Activities, Kathleen Claussen

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In thinking about strategy and doctrine for cyberspace, one cannot ignore either the cyber domain's interaction with other domains or the applicability of existing legal tools to address cyberspace issues. This Comment focuses on the latter and argues that any discussion regarding deterrence and a playbook for consequences for cyber incidents by state actors ought necessarily to include a careful examination of existing plays, particularly where those incidents have an economic component as many do. Focusing on multilateral institutions, regional and bilateral trade and investment agreements, and unilateral tariff and non-tariff trade and investment tools, this Comment maintains that current …

Developing Deaf Students Fraction Skills Requires Understanding Magnitude And Whole Number Division, Keith Mousley, Ronald R. Kelly

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Research has shown that fraction magnitude and whole number division are important precursors to learning and understanding fractions. Deaf and hard-of-hearing (DHH) students are consistently challenged with learning fractions from K-12 through college. Sixty DHH college students were tested for both their understanding of magnitude between two fractions and their ability to calculate whole number division. The results showed that both understanding the magnitude between two fractions and whole number division are significantly associated with accurately calculating arithmetic functions of fractions with like denominators and different denominators that required them to add, subtract, multiply, and divide two fractions. Understanding fraction …