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Articles 4111 - 4140 of 6529
Full-Text Articles in Entire DC Network
Softening The Formality And Formalism Of The “Testimonial” Statement Concept, Robert P. Mosteller
Softening The Formality And Formalism Of The “Testimonial” Statement Concept, Robert P. Mosteller
Faculty Scholarship
In Crawford v. Washington (2004), the United States Supreme Court ruled that “testimonial” statements are the core, perhaps exclusive, concern of the Confrontation Clause. The Court began a process of defining the testimonial-statement concept but did not develop a comprehensive definition. In Crawford, the Court concluded that a statement was testimonial, which was tape recorded and obtained from a criminal suspect who was in police custody, had been given warnings under Miranda v. Arizona (1966), and was being interrogated by known governmental agents using what the Court termed “structured” questioning. One of the definitions the Court explicitly presented as a …
Incorporating Ethnicity Into Genetic Risk Assessment For Alzheimer Disease: The Reveal Study Experience, Peter J. Whitehouse, Melissa Barber Butson
Incorporating Ethnicity Into Genetic Risk Assessment For Alzheimer Disease: The Reveal Study Experience, Peter J. Whitehouse, Melissa Barber Butson
Faculty Scholarship
PURPOSE: To describe how investigators in a multisite randomized clinical trial addressed scientific and ethical issues involved in creating risk models based on genetic testing for African American participants. METHODS: The following informed our decision whether to stratify risk assessment by ethnicity: evaluation of epidemiological data, appraisal of benefits and risks of incorporating ethnicity into calculations, and feasibility of creating ethnicity-specific risk curves. Once the decision was made, risk curves were created based on data from a large, diverse study of first-degree relatives of patients with Alzheimer disease. RESULTS: Review of epidemiological data suggested notable differences in risk between African …
Paternalism Or Protection?: Federal Review Of Tribal Economic Decisions In Indian Gaming, Kevin Washburn, Barry W. Brandon, Philip N. Hogen, Vanya S. Hogen
Paternalism Or Protection?: Federal Review Of Tribal Economic Decisions In Indian Gaming, Kevin Washburn, Barry W. Brandon, Philip N. Hogen, Vanya S. Hogen
Faculty Scholarship
In a recent Senate hearing, Senator John McCain and Professor Washburn clashed about the federal role in tribal economic decisions involving Indian gaming. Professor Washburn, who was struck by decades of incompetent federal stewardship of tribal trust funds demonstrated so painfully in the Cobell litigation, questioned the wisdom of the existing gaming regulatory structure in which federal officials at the National Indian Gaming Commission (NIGC) exercise oversight of tribal economic decisions involving tens or hundreds of millions of dollars. Senator McCain sharply disagreed. Following his investigation of lobbyist Jack Abramoff, McCain was even more certain that tribes needed federal protection …
Teaching International Intellectual Property Law, Peter K. Yu
Teaching International Intellectual Property Law, Peter K. Yu
Faculty Scholarship
Intellectual property law was in the backwater only a few decades ago. The Section on Intellectual Property Law of the Association of American Law Schools was not even founded until the early 1980s, and the creation of intellectual property specialty programs has been only a recent phenomenon. As senior legal scholars reminisce, early in their career, they would have been lucky to find a school that would allow them to teach a class on intellectual property law. Although intellectual property law teaching has come of age in the past decade, international intellectual property law courses remain nonexistent in more than …
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, Peter K. Yu
Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, Peter K. Yu
Faculty Scholarship
The debate on China's piracy and counterfeiting problems has been ongoing for more than two decades. However, in the past few years, this debate has taken on a new sense of urgency and significance. In August 2008, the City of Beijing will host the Summer Olympic Games. Two years later, the 2010 World Expo will be held in Shanghai. In addition, two World Trade Organization dispute settlement panels were recently established to resolve disputes between China and the United States over inadequate enforcement of intellectual property rights and inadequate market access to U.S. media products. All of these developments, of …
Copyright's Price Discrimination Panacea, Glynn S. Lunney Jr
Copyright's Price Discrimination Panacea, Glynn S. Lunney Jr
Faculty Scholarship
According to the conventional wisdom, price discrimination offers two advantages compared to uniform or linear pricing in the production of copyrighted works. First, it can reduce the deadweight losses otherwise associated with the higher prices that copyright makes possible. Second, it can increase the producer surplus or rents associated with the production of any given copyrighted work and thus ensure the expected profitability of a wider range of works. This increase in profitability should, in turn, lead to the production of more copyrighted works. If the conventional wisdom is right, then the proper response would be not merely to tolerate, …
Testimony On The Department Of The Interior's New Policy On Off-Reservation Acquisitions Of Land In Trust For Indian Gaming, Before The United States House Of Representatives Natural Resources Committee, 110th Congress, Second Session, Kevin Washburn
Faculty Scholarship
The Department of the Interior's New Guidance on Off-Reservation Acquisitions of Land in Trust for Indian Gaming assumes that the principal value of Indian gaming is reservation employment. Although this assumption is mostly incorrect - Indian gaming operations, like state lotteries, are about public revenues, not jobs - off-reservation gaming can dramatically increase the number of public service jobs on Indian reservations. Indian gaming revenues are mostly expended on tribal services to tribal members, creating numerous public service jobs in tribal government. Off-reservation Indian gaming can also provide revenues for restoration of lands on Indian reservation, making up for limited …
Misplaced Jurisdiction, Kevin Washburn
Misplaced Jurisdiction, Kevin Washburn
Faculty Scholarship
Interview discussing felonies and jurisdiction on Tribal land.
Taking It To Scale: Evaluating The Scope And Reach Of A Community-Wide Initiative On Early Childhood, Robert L. Fischer, Nina Lalich, Claudia J. Coulton
Taking It To Scale: Evaluating The Scope And Reach Of A Community-Wide Initiative On Early Childhood, Robert L. Fischer, Nina Lalich, Claudia J. Coulton
Faculty Scholarship
In implementing broad community initiatives, the ability to assess the delivery of services is a distinct challenge. Yet, understanding both the magnitude and cross-usage of services by target populations is often a precursor to effective program evaluation, program improvement and additional program planning. This research examines the extent to which a comprehensive early childhood initiative successfully reached young children and their families in a large urban county. By linking birth records and administrative datasets at the level of the individual child, the study tracks the experiences of children in respect to engagement in program services and their receipt of public …
Sharing Meals With Non-Christians In Canon Law Commentaries, Ca. 1160-1260: A Case Study In Legal Development, David M. Freidenreich
Sharing Meals With Non-Christians In Canon Law Commentaries, Ca. 1160-1260: A Case Study In Legal Development, David M. Freidenreich
Faculty Scholarship
Canon law scholarship flourished in the twelfth and thirteenth centuries, and its practitioners left a remarkable paper trail. Surviving documents capture the intellectual evolution that occurred during this formative period and offer historians a rare opportunity to trace legal development in premodern times. This article examines the evolution of laws regulating the sharing of meals with non-Christians, with particular attention to the ways in which medieval canonists conceptualized foreigners. These canonists struggle to fit Islam into traditional legal categories, concluding that Muslims are “judaizing pagans” on account of their dietary practices. This outcome, and its implications for the way canonists …
Take A Deep Breath: On Not Losing The Turtle In The Technology, Marilyn R. Pukkila
Take A Deep Breath: On Not Losing The Turtle In The Technology, Marilyn R. Pukkila
Faculty Scholarship
Understanding media messages and selecting worthwhile sources of information require the ability to analyze and deconstruct messages.
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro
Faculty Scholarship
No abstract provided.
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
The Emergence And Structure Of Religious Freedom In International Law Reconsidered, Peter G. Danchin
Faculty Scholarship
This Article presents a critique of the historical evolution of the right to freedom of religion in international law. In identifying certain conceptual tensions between liberal and value pluralist accounts in the literature, a general theoretical argument is advanced. Beyond standard Enlightenment narratives of individual freedom of conscience, this argument notices a second, more complex narrative of genuine pluralism in the evolving conception of religious freedom in international legal thought. This suggests that there is no simple, but rather a complex mapping of individual toleration in international law and no single path to modernity or to the formation of the …
Open Code Governance, Danielle Keats Citron
Open Code Governance, Danielle Keats Citron
Faculty Scholarship
Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial responsibilities to computer systems. Computers gather and interpret important information. For instance, electronic machines record and calculate votes. Automated systems execute policy and render decisions about important individual rights, such as a person’s eligibility for public benefits. Computer systems store sensitive personal information. These systems’ closed architecture, however, shields vital agency decisions from view. No one can see how a system operates without a software program’s source code. Closed code hides programming errors that disenfranchise voters, under-count communities for the census, …
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Trampling Whose Rights? Democratic Majority Rule And Racial Minorities: A Response To Chin And Wagner, Taunya Lovell Banks
Faculty Scholarship
Gabriel Chin and Randy Wagner argue us that there were black majorities and pluralities in Deep South states during the Reconstruction era who were consciously disenfranchised by private and public entities, including the U.S. Supreme Court because of fears of black majority rule and the Court should take this history into account and recognize the lingering effects of this historic disenfranchisement on black Americans. This essay responds to their argument, contending that fear of black majority rule never was the sole reason for the disenfranchisement of black majorities and pluralities in the Deep South, rather the problem has always been …
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Faculty Scholarship
One of the bedrock principles of contemporary international law is that victims of human rights violations have a right to an “effective remedy.” International courts usually hold that effective remedies must at least make the victim whole, and they sometimes adopt even stronger remedial rules for particular categories of human rights violations. Moreover, courts have refused to permit departure from these rules on the basis of competing social interests. Human rights scholars have not questioned this approach, frequently pushing for even stronger judicial remedies for rights violations. Yet in many cases, strong and inflexible remedial rules can perversely undermine human …
Memorial: David Currie And German Constitutional Law, Peter E. Quint
Memorial: David Currie And German Constitutional Law, Peter E. Quint
Faculty Scholarship
This essay discusses Professor David Currie's contributions to the American study of German constitutional law and particularly his magisterial treatise, "The Constitution of the Federal Republic of Germany."
Shareholder Democracy On Trial: International Perspective On The Effectiveness Of Increased Shareholder Power, Lisa M. Fairfax
Shareholder Democracy On Trial: International Perspective On The Effectiveness Of Increased Shareholder Power, Lisa M. Fairfax
Faculty Scholarship
Shareholder democracy – efforts to increase shareholder power within the corporation – appears to have come of age, both within the United States and abroad. In the past few years, U.S. shareholders have worked to strengthen their voice within the corporation by seeking to remove perceived impediments to their voting authority. These impediments include classified boards, the plurality standard for board elections, and the inability to nominate directors on the corporation’s ballot. Shareholders’ efforts have also extended to seeking a voice on the compensation of corporate officers and directors. Advocates of shareholder democracy believe that such efforts are critical to …
Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks
Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood And Racialized Identity In Seventheenth Century Colonial Virginia, Taunya Lovell Banks
Faculty Scholarship
Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master’s estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth’s case also highlights those factors that distinguished indenture from life servitude—slavery in the mid-seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry—English; her …
"Every Day And In Every Way, We Are Becoming Meta And Meta:" Or How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
"Every Day And In Every Way, We Are Becoming Meta And Meta:" Or How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin
Faculty Scholarship
Debate over the relative merits of communitarian and adversarial theories of dispute negotiation has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargainers, communitarians changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), and in the process made adversarial bargaining obsolete. Many of the arguments and maneuvers used in …
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John C. Dernbach
Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John C. Dernbach
Faculty Scholarship
No abstract provided.
Navigating The U.S. Transition To Sustainability: Matching National Governance Challenges With Appropriate Legal Tools, John C. Dernbach
Navigating The U.S. Transition To Sustainability: Matching National Governance Challenges With Appropriate Legal Tools, John C. Dernbach
Faculty Scholarship
No abstract provided.
The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee
Faculty Scholarship
No abstract provided.
What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon
What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon
Faculty Scholarship
Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, movies on DVDs, and audio files sold on iTunes and other Internet sites. DRM unfairly extends copyright and that legal protection is unnecessary to the robust development of new creative works Critics of the DMCA have charged that the law has extended well past its anti-piracy role to undermine fair …
Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis
Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis
Faculty Scholarship
Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).
A Truism With Attitude: The Tenth Amendment In Constitutional Context, Gary S. Lawson
A Truism With Attitude: The Tenth Amendment In Constitutional Context, Gary S. Lawson
Faculty Scholarship
The Tenth Amendment is caught in a crossfire hurricane. From one direction, it is dismissed as "but a truism"' with no significant constitutional function. From another direction, its unassuming language- "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" 2-has inspired Byzantine doctrines concerning such matters as federal commandeering of state institutions,3 conditions on federal spending programs implemented by states,4 and federal regulation of state governmental institutions. 5 The Tenth Amendment thus appears to be either the constitutional equivalent of a …
Gresham’S Law In Legal Education, Steven R. Smith
Gresham’S Law In Legal Education, Steven R. Smith
Faculty Scholarship
This article will first examine the traditional Gresham's Law regarding currency and then its broader application to instances in which the nominal and intrinsic values of something are separated. It will then look at the licensing of attorneys and how Gresham's Law may justify both the general accreditation of legal education and specific accreditation Standards. Viewed from this perspective it is the interests of the public, and not the more parochial interests of law schools, that deserve primary consideration in accreditation related to licensure. The article will conclude with a consideration of a coming debate about the appropriate place of …
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Proyecto Acceso: The Use Of Popular Culture To Build The Rule Of Law In Latin America, James Cooper
Faculty Scholarship
This article is about developing the rule of law in Latin America using popular popular culture and modeling the United States' experience.
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne
Faculty Scholarship
This examination compares several successful constitutions formulated to govern countries just formed from the conclusion of armed conflicts (including the U.S.). Some of the most important elements gleaned from these successful constitutions include an independent court before which one may appeal to the new constitution because such a constitution adequately secures the integrity of the court itself.