Digital Commons Network^™

Licensing Of Intellectual Property, Omri Ben-Shahar, Richard A. Epstein, Jonathan Masur

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No abstract provided.

Citizens United V. Fec: The Constitutional Right That Big Corporations Should Have But Do Not Want, Richard A. Epstein

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No abstract provided.

The Signaling Function Of Religious Speech In Domestic Counterterrorism, Aziz Huq

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A wave of attempted domestic terrorism attacks in 2009 and 2010 has sharpened attention to the threat of domestic-source terrorism inspired or directed by al Qaeda. Seeking to preempt that terror, governments face an information problem. They must separate signals of terrorism risk from potentially overwhelming background noise and persuade juries or fact finders that those signals warrant coercive action. Selection of accurate signals of terrorism danger in the information-poor circumstances of domestic counterterrorism is arguably a central challenge today for law enforcement tasked with preventing further terrorist attacks. To an underappreciated extent, governments have used religious speech as a …

Electoral Exceptionalism And The First Amendment: A Road Paved With Good Intentions, Geoffrey R. Stone

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No abstract provided.

Secrecy And Self-Governance, Geoffrey R. Stone

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No abstract provided.

Detention And Deportation With Inadequate Due Process: The Devastating Consequences Of Juvenile Involvement With Law Enforcement For Immigrant Youth, Elizabeth Frankel

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No abstract provided.

An Economic Interpretation Of The Pashtunwali, Tom Ginsburg

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No abstract provided.

Building Reputation In Constitutional Courts: Political And Judicial Audiences, Tom Ginsburg, Nuno Garoupa

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No abstract provided.

On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton

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Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …

Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan

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In the context of consumerism, individualism and the privatisation of young people’s leisure, youth work struggles to attract young people, especially those aged 15 to 9 years. Drawing from a study exploring young people’s perspectives on participation in youth services, it is argued that youth work offers a type of public and civic engagement that is not on offer from consumption-based activities. While certain activities attract young people into youth work, what maintains their participation is the sense of belonging they experience and the opportunity to participate meaningfully in decision making. In this regard the youth work sector needs to …

Programmer's Guide To The Recognition Strategy Language (Rsl), Richard Zanibbi

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No abstract provided.

Economic Freedom And The Impact Of Technology On Productivity, Felix Tan, Ashok Robin, Thomas Tribunella

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A well-developed body of literature has detected positive effects of technology investments on economic growth. We contribute to this literature by studying the joint effects of technology and economic freedom on economic growth. Using two different time points. 1990 and2000. and a sample of over 100 countries. we find that economic freedom enhances the effect of technology on economic growth. In fact, we find that the standalone effect of freedom is not as large as its interactive effect with technology.

Price Fraud, Wendy Gerwick Couture

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No abstract provided.

Judicial Independence At The Crossroads: Grappling With Ideology And History In The New Nepali Constitution, David Pimentel

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No abstract provided.

The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby

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No abstract provided.

A Review Of The Evidence Germane To The Putative Protective Role Of The Macular Carotenoids For Age-Related Macular Degeneration, Sarah Sabour-Pickett, John Nolan, James Loughman, Stephen Beatty

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There is a consensus that age-related macular degeneration (AMD) is the result of (photo)- oxidative-induced retinal injury and its inflammatory sequelae, the latter being influenced by genetic background. The dietary carotenoids, lutein (L), zeaxanthin (Z), and meso-zeaxanthin (meso-Z), accumulate at the macula, where they are collectively known as macular pigment (MP). The anatomic (central retinal), biochemical (anti-oxidant) and optical (short-wavelength- filtering) properties of this pigment have generated interest in the biologically plausible rationale that MP may confer protection against AMD. Level 1 evidence has shown that dietary supplementation with broad-spectrum anti-oxidants results in risk reduction for AMD progression. Studies have …

Presidential Power, Historical Practice, And Legal Constraint, Curtis A. Bradley, Trevor W. Morrison

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The scope of the President’s legal authority is determined in part by historical practice. This Essay aims to better understand how such practice-based law might operate as a constraint on the presidency. In part because of the limited availability of judicial review in this area, some commentators have suggested that presidential authority has become “unbounded” by law and is now governed only or primarily by politics. At the same time, there has been growing skepticism about the ability of the familiar political checks on presidential power to work in any systematic or reliable fashion. Whether and how practice-based law might …

The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer

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This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the …

Competitiveness In State Supreme Court Elections, 1945-2009, Herbert M. Kritzer

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There has been much debate over changes in state supreme court elections. However, most of the research that debate refers to considers a relatively short time span. This paper reports an analysis of contestation and competitiveness in state supreme elections for the entire post-World War II period. The paper considers both primary and general elections (other than retention elections). The central finding of the paper is that outside the South there has in fact been surprising little change, either in whether incumbents are challenged for reelection or in the competitiveness of the elections that are contested (looking separately at open …

Pro Se Litigation In Times Of Financial Hardship--A Legal Crisis And Its Solutions, Richard W. Painter

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This article discusses recent ABA reports on pro se legal representation and changes to the Rules of Professional Conduct that give lawyers more flexibility in assisting pro se litigants. Because many pro se representations are in family law cases, the article emphasizes the difficulties of pro se litigants in family court. The article then proposes that unauthorized practice of law restrictions be liberalized to allow on-line providers to sell legal forms, assistance with completion of those forms and other law related services. The benefits of allowing such non-lawyer providers entry into the market for legal services outweigh the potential compromise …

A Response To The Durham Statement Two Years Later, Margaret A. Leary

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This response to The Durham Statement Two Years Later, published in the Winter 2011 issue of Law Library Journal, addresses that article's call for an end to print publication of law journals and its failure to sufficiently consider the national and international actors and developments that will determine the future of digital libraries.

The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote

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The theme of this symposium issue is ―Decision Making on the Japanese Supreme Court.‖ From that title, readers understandably might assume the focus is squarely on decisions in judicial cases. Yet, as Lawrence Repeta observes in his Article for this issue, the Japanese Supreme Court bears responsibility for another major category of decision making: judicial administration.1 One vitally important aspect of judicial administration for which the Supreme Court bears primary responsibility is the selection of lower court judges, together with personnel management of judges (including decisions on promotions and transfers, which are a standard element of Japan’s career judiciary).2 The …

The History Of Intellectual Property Taxation: Promoting Innovations And Other Intellectual Property Goals, Xuan-Thao Nguyen, Jeffrey A. Maine

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No abstract provided.

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen

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The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the “fame” requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …

The China We Hardly Know: Revealing The New China’S Intellectual Property Regime, Xuan-Thao Nguyen

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The long-held and virtually unquestioned view about China from the United States and other Western nations is that China has a total disregard for intellectual property rights. Recent empirical data and translated Chinese judicial decisions, however, offer a startling new picture of China that directly contradicts the dominant negative view of China’s approach to intellectual property rights. Specifically, quantitative studies of recent Chinese patent, copyright, and trademark infringements cases reveal that China has become a litigious society and that there are more intellectual property litigation cases in China than in the United States. Chinese intellectual property owners are not hesitant …

Getting The "Story" Out: Teaching Admiralty At The University Of Washington, Craig H. Allen

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I count myself fortunate indeed to be a law teacher and to have the privilege of teaching admiralty to the next generation of attorneys. My good fortune is compounded by the fact that I teach admiralty (and several other maritime law courses) at the University of Washington, a major research university with a complementary graduate level School of Marine Affairs. There is no finer venue for studying maritime law than the state of Washington. By any measure, Washington is among the most “marine” and most trade-dependent states in the nation, and it has long been home to a distinguished maritime …

The Aftermath Of Stanford V. Roche: Which Law Of Assignments Governs?, Sean M. O'Connor

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The discovery and commercialization of biotechnology innovations often rely on collaborations between universities and for-profit firms. In the United States, the federal government funds much of university life sciences research and, under the Bayh-Dole Act, has some rights to research arising from that funding.

Two important strands of invention ownership issues in this web of collaboration arose under litigation that culminated in the recent United States Supreme Court decision Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc. (“Stanford v. Roche” or “Stanford”). The first is the question of whether Bayh-Dole …

The Environmental Laws Of The 1970s: They Looked Good On Paper, William H. Rodgers, Jr.

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This article looks at the "top ten" environmental laws enacted in the 1970s, including the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and the Resource Conservation and Recovery Act. It asks: What were the pin-up qualities that made these laws look good on paper? What were the features sponsors bragged about or critics deplored? How were they understood and described at the time of legislative birth? What was thought to be new, different, and better?

We know some of these things about all of these laws. I’ll exercise editorial judgment and declare four common features …

Scientific Integrity: The Perils And Promise Of White House Administration, Heidi Kitrosser

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This Article was written for a Fordham Law Review symposium on “Presidential Influence over Administrative Action, Recent Developments.” The Article explores developments in scientific integrity in the first two years of the Obama Administration. Specifically, it looks at the impact of “presidential administration” - that is, of top-down White House directives to administrative agencies - on scientific integrity. I define processes embodying scientific integrity as those designed to enable expert scientific findings to be presented without extra-scientific interference or distortion. Scientific integrity is a subset of information integrity. A system that facilitates information integrity is one that is relatively transparent …

Four Principles For Calculating Reasonable Royalties In Patent Infringement Litigation, Thomas F. Cotter

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In recent years, juries in some patent infringement suits have awarded prevailing patentees "reasonable royalty" damages in the eight-, nine-, and even ten-figure range. Though not all of these awards have been upheld following postjudgment motions or on appeal, concern over the magnitude and frequency of such awards has led to calls for the reform of various practices relating to the calculation of patent damages. Other voices, not surprisingly, have either defended the current system or, at the very least, expressed reservations over the need for significant changes. Underlying some of these debates are fundamental differences of opinion concerning the …