Digital Commons Network^™

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.

Judicial Roles In Nonjudicial Functions, Nuno Garoupa, Tom Ginsburg

Faculty Scholarship

Judges perform nonjudicial functions in many contexts. Most jurisdictions regulate these functions in multiple ways, by statute and by custom. We provide a theory of judicial demand and judicial supply for nonjudicial functions. By teasing out the determinants of judicial involvement in nonjudicial functions, we show the potential market failures and the need for regulation. We suggest that some limitations on the judicial exercise of nonjudicial functions seem justified. However, these limits might vary across jurisdictions depending on institutional and contextual factors.

Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa

Faculty Scholarship

Collaborative Research Networks ("CRNs") developed to encourage and facilitate and collaboration between scholars with shared academic interests. CRN33 (East Asia) is fairly new. This article, which is based on a speech given by the author, examines the status of East Asia in socioeconomic literature, explores the growing prevalence of East Asia as a topic in general theory-building in socio-legal studies, and suggests methods for placing East Asia in a more central position for future socio-legal scholarship. The author emphasizes that scholars in the field of East Asian legal studies should work harder to introduce those outside the field to the …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

State Courts And Transitory Torts In Transnational Human Rights Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

مدخل في نظرية المزج بقلم مارك تورنر، الأزهر الزناد: Elements Of Blending, Mark Bernard Turner

Faculty Scholarship

This is a translation into Arabic by Lazhar Zanned of Elements of Blending by Mark Turner, which presents the basics of the theory of conceptual integration.

Prospective, Open-Label Trial Measuring Satisfaction And Convenience Of Two Formulations Of Lamotrigine In Subjects With Mood Disorders, Martha Sajatovic

Faculty Scholarship

Background: Lamotrigine is an anticonvulsant drug indicated for the maintenance treatment of bipolar I disorder and for various types of epilepsy. An orally disintegrating tablet (ODT) of lamotrigine was developed to provide a formulation option that might increase patient convenience and satisfaction. Methods: Subjects with mood disorders who reported difficulty swallowing currently prescribed lamotrigine immediate-release medication (baseline) were enrolled and treated with lamotrigine ODT for three weeks (end of treatment). Subject satisfaction and convenience were measured using the Treatment Satisfaction Questionnaire for Medication (TSQM). Also measured were global psychopathology using the Clinical Global Impression severity index (CGI-S) and depressive symptoms …

The Diffusion Of Regulatory Oversight, Jonathan B. Wiener

Faculty Scholarship

The idea of cost-benefit analysis has been spreading internationally for centuries — at least since an American named Benjamin Franklin wrote a letter in 1772 to his British friend, Joseph Priestley, recommending that Priestley weigh the pros and cons of a difficult decision in what Franklin dubbed a “moral or prudential algebra” (Franklin 1772) (more on this letter below). Several recent studies show that the use of benefit-cost analysis (BCA), for both public projects and public regulation of private activities, is now unfolding in countries on every habitable continent around the world (Livermore and Revesz 2013; Quah and Toh 2012; …

Permanency Puzzle, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Intuition Versus Algorithm: The Case Of Forensic Authorship Attribution, Lawrence Solan

Faculty Scholarship

No abstract provided.

Parsing Parenthood, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

A Numerus Clausus Principle For Intellectual Property, Christina Mulligan

Faculty Scholarship

No abstract provided.

Private Standards Organizations And Public Law, Peter L. Strauss

Faculty Scholarship

Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …

Agora: The South China Sea – Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman

Faculty Scholarship

The disagreements among states bordering the South China Sea pose extraordinarily complex legal issues. Sovereignty over small islands that lie at some distance from the continental and insular coasts that surround the sea is contested. So are the maritime entitlements generated by these features. Notably, rocks that cannot sustain human habitation or economic life of their own generate no entitlement to an exclusive economic zone (EEZ) and continental shelf beyond a twelve-mile territorial sea, which may be the case for many of the disputed islands. Yet another series of questions relates to the delimitation of overlapping maritime entitlements, including the …

The Tragedy Of The Anticommons: A Concise Introduction And Lexicon, Michael Heller

Faculty Scholarship

This article gives a concise introduction to the ‘tragedy of the anticommons.’ The anticommons thesis is simple: when too many people own pieces of one thing, nobody can use it. Usually, private ownership creates wealth. But too much ownership has the opposite effect – it leads to wasteful underuse. This is a free market paradox that shows up all across the global economy. If too many owners control a single resource, cooperation breaks down, wealth disappears, and everybody loses. Conceptually, underuse in an anticommons mirrors the familiar problem of overuse in a ‘tragedy of the commons.’ The field of anticommons …

A Research Agenda For Uncooperative Federalists, Ernest A. Young

Faculty Scholarship

No abstract provided.

The “Unwritten Constitution” And Unwritten Law, Stephen E. Sachs

Faculty Scholarship

America’s Unwritten Constitution is a prod to the profession to look for legal rules outside the Constitution’s text. This is a good thing, as outside the text there’s a vast amount of law—the everyday, nonconstitutional law, written and unwritten, that structures our government and society. Despite the book’s unorthodox framing, many of its claims can be reinterpreted in fully conventional legal terms, as the product of the text’s interaction with ordinary rules of law and language.

This very orthodoxy, though, may undermine Akhil Amar’s case that America truly has an “unwritten Constitution.” In seeking to harmonize the text with deep …

Preparing "Main Street" Lawyers: Practicing Without Big Firm Experience, Lisa Reel Schmidt, Steve Garland, Robert Statchen

Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panelists advance two premises: First, that law schools need to teach transactional skills because many students will either focus on transactional law or practice general law where transactional skills are necessary; and second, that some of the transactional skills the schools teach should be specific to main street lawyering because a number of students will be main street lawyers. The panelists explain how the transactional skills necessary for main street lawyering differ from skills needed in litigation and big law firms. They …

Formalism And State Secrets, Sudha Setty

Faculty Scholarship

The state secrets privilege has received a tremendous amount of scholarly attention in the U.S. in the last decade. In September 2009, the Obama administration created a new policy that mandated a more rigorous internal administrative review prior to invoking the state secrets privilege. It appears as though this internal review process has resulted in little difference with regard to the invocation of the privilege at the pleadings stage in cases that allege torture and other human rights abuses. This chapter of the forthcoming comparative law volume Secrecy, National Security and the Vindication of Constitutional Law (David Cole, Federico Fabbrini …

At&T Mobility V. Concepcion And The Antidiscrimination Theory Of Federal Arbitration Act Preemption, Hiro Aragaki

Faculty Scholarship

No abstract provided.

Re-Democratizing Palestinian Politics, George Bisharat

Faculty Scholarship

No abstract provided.

Bomb Throwing, Democratic Theory, And Basic Values - A New Path To Procedural Harmonization?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Procedural Postcard From America, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Pooling Clauses And Statutes, Gina S. Warren, Mark G. Walston

Faculty Scholarship

Pooling is a tool used to bring together small or irregular tracts of land or mineral interests to form one drilling unit for the purposes of oil or gas production. In general, pooling can be accomplished in a variety of ways, including separate pooling agreements, community leases, voluntary pooling clauses within leases, and compulsory pooling statutes. For purposes of this article, we will be focusing on voluntary pooling lease clauses and compulsory pooling statutes.

This article will discuss the requirements for valid pooling under a voluntary lease provision, briefly outline how royalties are distributed for pooled units, and discuss remedies …

Building The Ladder: Three Decades Of Development Of The Chinese Patent System, Peter K. Yu

Faculty Scholarship

In the past three decades, China has been very successful in developing its patent system. In 2012, the country is among the top five countries filing patent applications through the Patent Cooperation Treaty, behind only the United States, Japan and Germany. Among all the applicants, ZTE Corp. and Huawei Technologies had the largest and fourth largest number of PCT applications, respectively. With significant backing from the Chinese government and the anticipated involvement of the world's largest public sector, China will likely catch up with the existing intellectual property powers more quickly than many have anticipated.

Written for a special issue …

Deference To Congressional Factfinding In Rights-Enforcing And Rights-Limiting Legislation, William D. Araiza

Faculty Scholarship

No abstract provided.

Technological Intermediaries And Freedom Of The Press, Christina Mulligan

Faculty Scholarship

No abstract provided.

Family Law Equality At A Crossroads, David D. Meyer

Faculty Scholarship

No abstract provided.

The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss

Faculty Scholarship

No abstract provided.

Real Women, Real Rape, Bennett Capers

Faculty Scholarship

No abstract provided.