Digital Commons Network^™

The Will As Personal Narrative, Karen J. Sneddon

Articles

A locket. A stamp collection. The lake house. Our sister. Our best friend. Our alma mater. The things we keep. The people and entities we associate with are a reflection of self. The legal document that addresses these is our last will and testament. Yet all too often, the will is viewed by a testator as a dreary, dense, mechanical document that reflects little of his or her personality, hopes, and fears. This Article seeks to reconceptualize this most personal of legal documents as a personal narrative. To situate this assertion, the author considers the intersection of narrative and law. …

Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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No abstract provided.

Cinematic Jewish Women In Rural Argentina And The Representation Of Argentinidad, Mirna Vohnsen

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From the outset, Argentine cinema has played a significant role in the question of argentinidad. The historical account of how Jewish immigrants from Eastern Europe settled in the Argentine interior and became Argentines rooted in the land has not escaped Argentine film. Although period films portray Jewish female characters as nation builders alongside their male counterparts, the study of Jewish women in Argentine cinema has received little scholarly attention. In an attempt to remedy that, this article shows that the examination of the Jewish female onscreen can shed light on the controversial question of argentinidad. It examines the representation of …

Being A Dean Is A Drag . . . But Not For The Reasons You Might Expect, Kellye Y. Testy

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No abstract provided.

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

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Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive …

Copyright Freeconomics, John M. Newman

Articles

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in an era …

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

Articles

Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media …

The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz

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No abstract provided.

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

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No abstract provided.

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

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No abstract provided.

"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri

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No abstract provided.

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

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No abstract provided.

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

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In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Presumptive Collection: An Innovative Proposal For A Notoriously Difficult Problem, Leigh Osofsky

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No abstract provided.

Everyman's Exclusionary Rule: The Exclusionary Rule And The Rule Of Law (Or Why Conservatives Should Embrace The Exclusionary Rule), Scott E. Sundby

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No abstract provided.

The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock

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No abstract provided.

A Match Made On Earth: Getting Real About Science And The Law, Susan Haack

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Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …

Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein

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No abstract provided.

Integrated Scenarios For Energy: A Methodology For The Short Term, Tadhg O'Mahony

Articles

Quantitative point forecasts of energy and emissions have experienced difficulty with responding to uncertainty. Accuracy issues arise even in the short term with consequences for policy. The technique of scenario analysis is increasingly applied in scientific inquiry on the long term but it also has utility in the short term. This paper presents a discussion of the use of forecasts for prediction and proposes integrated or ´hybrid´ exploratory qualitative and quantitative scenarios in its stead. Various methodological issues are explored towards formulation of a scenario development process. Integrated scenarios structure thinking on the future, bound uncertainty, document important assumptions, aid …

Using Weigh-In-Motion Data To Determine Aggressiveness Of Traffic For Bridge Loading, Eugene J. Obrien, Bernard Enright

Articles

This paper presents results based on the analysis of an extensive database of weigh-in-motion (WIM) data collected at five European highway sites in recent years. The data are used as the basis for a Monte Carlo simulation of bridge loading by two lane traffic, both bidirectional and same-direction. Long runs of the simulation model are used to calculate characteristic bridge load effects (bending moments and shear forces), and these characteristic values are compared with design values for bridges of different length as specified by the Eurocode for bridge traffic loading. Various indicators are tested as possible bases for a “Bridge …

Congressional Government Rebooted: Randomized Committee Assignments & Legislative Capacity, Brian D. Feinstein

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No abstract provided.

Copyright And Technology: Deja Vu All Over Again, Randal C. Picker

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No abstract provided.

The Right Not To Use In Property And Patent Law, Eduardo Peñalver, Oskar Liivak

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In Continental Paper Bag Co. v. Eastern Paper Bag Co., the Supreme Court held (1) that patent owners have an absolute right not to practice their patent and (2) that even these nonpracticing patent owners are entitled to the liberal use of injunctive relief against infringers. Both of these holdings have been very important to the viability of patent assertion entities, the so-called patent trolls. In eBay Inc. v. MercExchange, L.L.C., the Supreme Court softened the injunction rule. In this Article, we argue that Congress or the Court should reconsider Continental Paper Bag's embrace of an absolute right not to …

Emergency Power And Two-Tiered Legality, Curtis A. Bradley

Articles

Commentators have long debated how to think about the relationship between law and presidential power during emergencies. Three distinct positions have emerged in that debate. First is the strict approach: that the president is subject to the normal constitutional and statutory laws even during emergencies. Second is the accommodation approach: that constitutional and statutory law should be interpreted to allow for more expansive presidential power during time of emergency. Third is the extralegal approach: that exercises of emergency authority should be understood as operating outside the law, potentially with some sort of after-the-fact evaluation of whether the exercise was functionally …

Removal As A Political Question, Aziz Huq

Articles

When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …

Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter

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No abstract provided.

The Capstone Course In Labor And Employment Law: A Comprehensive Immersion Simulation Integrating Law, Lawyering Skills, And Professionalism, Laura J. Cooper

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The twenty-first century challenge for law schools in general, and for labor and employment law professors in particular, is truly to prepare students for the practice of law. Diverse voices have criticized the legal academy for how far it has fallen short of meeting that challenge.1 The most detailed and comprehensive critique of law schools’ failure adequately to prepare students for the practice of law was presented by The Carnegie Foundation for the Advancement of Teaching in its 2007 study generally known as the “Carnegie Report.”2

Building A Strong Foundation: Justice John Simonett And Constitutional Law In Minnesota, Robert Stein

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I am delighted to join in this Tribute to the remarkable judicial career of Minnesota Supreme Court Justice John E. Simonett—a great justice and, equally important, a great human being. I remember Justice Simonett with deep respect and affection. During my years as dean of the University of Minnesota Law School, I could always count on Justice Simonett to enliven any program with his erudite and pithy remarks, his wit, and his joyful presence. I remember particularly a Judges in Residence program in which Justice Simonett and Justice Anthony Kennedy of the Supreme Court of the United States were the …

Law And Reasons: Comments On Rodriguez-Blanco, Brian Bix

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Veronica Rodriguez-Blanco explora con minuciosidad en su detallado e importante artículo, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Legal Normativity”, la naturaleza del otor- gamiento de razones, en aras de cuestionar el influyente trabajo reciente de David Enoch sobre el otorgamiento de razones y el derecho. Si bien el artículo de Rodriguez-Blanco constituye una importante contribución a la literatura en cuanto a la mejor comprensión del otorgamiento de razo- nes y la razón práctica, no está claro si el enfoque hacia las razones para la acción, reformado sobre la línea de lo que sugiere …

What's "Different" (Enough) In Eighth Amendment Law?, Richard Frase

Articles

In Miller v. Alabama1 and Jackson v. Hobbs2 the Supreme Court reaffirmed its conclusions in two earlier cases, Roper v. Simmons3 and Graham v. Florida,4 that “children are constitutionally different from adults for purposes of sentencing”5 in ways that justify greater Eighth Amendment protection from severe sentences. Miller and Jackson (hereafter referred to for most purposes as Miller) also reaffirmed the Court’s conclusion in Graham that, although “death is different” for purposes of Eighth Amendment law, some of the substantive and analytic principles previously applied only in death penalty cases can also be applied to the most severe prison sentence, …