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Articles 3751 - 3780 of 6154
Full-Text Articles in Entire DC Network
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Faculty Scholarship
No abstract provided.
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Faculty Scholarship
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon
Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon
Faculty Scholarship
Disruptive innovation can be described as the introduction of a new conceptual idea or meme into an existing system that causes the system to be fundamentally altered. Assembly lines, air conditioning, digital film, and personal computers represent such innovations, all of which led to fundamental paradigm shifts. The convergence of globalization, a networked economy, and digital technologies have made disruptive innovation a threat in almost every industry. Changes to publishing, music, and television distribution – along with the rise of social media – highlight this transformation, but they are not alone; manufacturing, retail, payment systems, transportation and other industries are …
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda
Faculty Scholarship
No abstract provided.
Just Intervention: Differential Response In Child Protection, Cynthia Godsoe
Just Intervention: Differential Response In Child Protection, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Revolutions And Expatriates: Social Networking, Ubiquitous Media And The Disintermediation Of The State, Jon M. Garon
Revolutions And Expatriates: Social Networking, Ubiquitous Media And The Disintermediation Of The State, Jon M. Garon
Faculty Scholarship
This article explores the modern disruption of the state as the territorial control over its citizens and the restructuring of these social structures caused by social media and the unmediated communication of the digital age. Nowhere has this transformation been greater than in the Middle East, a region shaped by arbitrary political expediency and under tremendous popular pressure to redefine itself. But these transformations are not merely the populist uprisings of Tunisia, Egypt, Libya and Syria; they can be seen in economic transformations of Asia and economic harmonizations between Europe and North America. In all political, economic and social spheres, …
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Accountable Care Organizations In The Affordable Care Act, Frank Pasquale
Faculty Scholarship
No abstract provided.
Death In Cyberspace - Protecting Digital Estates, Jon M. Garon
Death In Cyberspace - Protecting Digital Estates, Jon M. Garon
Faculty Scholarship
No abstract provided.
The Great American Tax Novel, Lawrence A. Zelenak
The Great American Tax Novel, Lawrence A. Zelenak
Faculty Scholarship
Reviewing, David Foster Wallace. The Pale King (Michael Pietsch ed., 2011)
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman
Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli
Constructing The Other: U.S. Muslims, Anti-Sharia Law, And The Constitutional Consequences Of Volatile Intercultural Rhetoric, Carlo A. Pedrioli
Faculty Scholarship
Recently, legislators have proposed, discussed, and passed various laws that aimed to limit the use of foreign law, international law, and Sharia (a branch of Islamic law) in state court systems. Because it became law, one proposed state constitutional amendment that rhetorically linked Sharia to foreign and international law is of particular note. In the 2010 midterm elections, Oklahoma passed State Question 755 (SQ 755), a constitutional amendment that aimed to place restrictions on the use of foreign law, international law, and Sharia in Oklahoma courts. Laws like Oklahoma’s State Question 755 are problematic for a variety of reasons. One …
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra
Stateless Babies & Adoption Scams: A Bioethical Analysis Of International Commercial Surrogacy, Seema Mohapatra
Faculty Scholarship
Truth is often stranger than fiction, and nowhere is this more evident than when examining the real stories related to international commercial surrogacy that have occurred in the last few years. This Article utilizes these recent cases to analyze this industry using a bioethical lens. Bioethicists use stories effectively to demonstrate how theory and normative ideals apply to real world situations. By detailing examples of some of the unique scenarios that have arisen in far-flung cities of India, the United States, and the Ukraine, this Article highlights some of the bioethical dilemmas such stories raise. This Article examines these stories …
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner
On The Economics Of International Sea Piracy--A Case Of History Repeating Itself, Barry H. Dubner
Faculty Scholarship
No abstract provided.
The Coordination Conundrum, Catherine A. Hardee
The Coordination Conundrum, Catherine A. Hardee
Faculty Scholarship
Justice Souter's oft-repeated quote aptly summarizes the function of strict standards of review in constitutional jurisprudence to protect unpopular speech from restrictions based on content-laden value judgments. While strict standards have their advantages, commentators have found fault with their rigidity and have questioned whether any decision-making process can, or should, be free of pragmatic considerations. This doctrinal discussion has been reinvigorated by two recent United States Supreme Court opinions. At the root of both cases was the Court's reliance on the distinction between coordinated and independent speech. This Article examines the validity of this divide and challenges the foundation upon …
Talking Chalk: Defacing The First Amendment In The Public Forum, Marie Failinger
Talking Chalk: Defacing The First Amendment In The Public Forum, Marie Failinger
Faculty Scholarship
This article examines the surprising outcomes of cases challenging arrests of protesters for chalking sidewalks in public forums, and argues that courts have been careless in analyzing these blanket prohibitions under the time, place and manner doctrine.
Chain-Link Confidentiality, Woodrow Hartzog
Chain-Link Confidentiality, Woodrow Hartzog
Faculty Scholarship
Disclosing personal information online often feels like losing control over one’s data forever; but this loss is not inevitable. This essay proposes a “chain-link confidentiality” approach to protecting online privacy. One of the most difficult challenges to guarding privacy in the digital age is the protection of information once it is exposed to other people. A chain-link confidentiality regime would contractually link the disclosure of personal information to obligations to protect that information as the information moves downstream. The system would focus on the relationships not only between the discloser of information and the initial recipient, but also between the …
China In Africa: What The Policy Of Nonintervention Adds To The Western Development Dilemma, Madison Condon
China In Africa: What The Policy Of Nonintervention Adds To The Western Development Dilemma, Madison Condon
Faculty Scholarship
Chinese investment activity in Africa has skyrocketed in recent years, outpacing every other nation except South Africa. China finances more infrastructure projects in Africa than the World Bank and provides billions of dollars in low-interest loans to the continent’s emerging economies. These loans and investments are typically made in exchange for securing access to natural resources. Based on its principles of nonintervention and respect for sovereignty, China gives this money with little or no strings attached. The West, which typically conditions its loans on initiatives like democracy promotion and corruption reduction, has labeled China a “rogue donor,” whose actions will …
Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh
Patent Litigation And The Internet, John R. Allison, Emerson H. Tiller, Samantha Zyontz, Tristan Bligh
Faculty Scholarship
Patent infringement litigation has not only increased dramatically in frequency over the past few decades,1 but also has also seen striking growth in both stakes and cost.2 Although a relatively rich literature has added much to our understanding of the nature, causes, and consequences of patent litigation during the past two decades,3 many interesting questions remain inadequately addressed. The nuances of and trends in patent litigation in different technology fields and industries, for example, are still understudied.4 Litigation of patents on new technologies has likewise received a dearth of attention. Here we seek to help begin …
Financing The Future Of Legal Education: "Not What It Used To Be", Steven R. Smith
Financing The Future Of Legal Education: "Not What It Used To Be", Steven R. Smith
Faculty Scholarship
This Article will first review the substantial improvements in legal education and track the sources of the funding for these improvements. It will look at whether law school is, and continues to be, a good economic investment for most students. It will then consider the current economic circumstances of legal education and the possible coming disconnect between expectations and reality. It will conclude by considering what could improve the lot of legal education in the future and, to the contrary, what could make matters much worse.
Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake
Rethinking Gender Equality In The Legal Profession's Pipeline To Power: A Study On Media Coverage Of Supreme Court Nominees (Phase 1, The Introduction Week), Hannah Brenner, Renee Newman Knake
Faculty Scholarship
Three women now sit on the Supreme Court of the United States, and a fourth recently retired, suggesting the attainment of formal gender equality. Despite this appearance of progress, women remain significantly underrepresented in major leadership roles within the legal profession, where they face extensive gender bias and stereotyping. This gender bias and stereotyping is also leveraged against women who are featured in the media, illustrated vividly by coverage of the most recent Supreme Court nominations. Headlines from mainstream news, "Then Comes the Marriage Question" in the New York Times or "The Supreme Court Needs More Mothers" in the Washington …
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
A Development Model Meets Piracy In Paraguay, James M. Cooper, Carlos Ruffinelli
Faculty Scholarship
This essay will explore the dynamics behind Paraguay's economy, political stability, legal culture, and geopolitical conditions that make the protection of IP rights a major challenge. Part I of this essay details Paraguay's current condition in a socioeconomic, political, and developmental context. Part II of this essay explores how Paraguay's lack of economic opportunities, relaxed enforcement regime, and cultural tradition create conditions where the counterfeiting industry flourishes. Part III of this essay examines some of the international IP rights agreements to which Paraguay is a party, and it examines how these agreements might help strengthen the IP rights regime in …
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
The North American Free Trade Agreement And Its Legacy On The Resolution Of Intellectual Property Disputes, James Cooper
Faculty Scholarship
This essay focuses on NAFTA and the contributions that this regional trade pact made to protect IPR and settle intellectual property (IP) disputes. It also explores the legacy of NAFTA in the context of the eventual WTO, and the rights provided by the TRIPS Agreement that was concluded as part of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations. Section II provides a brief historical background on how NAFTA fit into the world as countries began aligning themselves by creating various trade agreements. Section III surveys the provisions and legacy of NAFTA with respect to …
Website Design And Liability, Nancy Kim
Website Design And Liability, Nancy Kim
Faculty Scholarship
Two regrettable behaviors have emerged online: the posting of content about others without their consent; and impulsive postings with no consideration of long-term consequences. Website operators can either encourage or discourage these regrettable behaviors and influence their consequences through the design of their website and by the fostering of norms and codes of conduct. Unfortunately, courts interpret section 230 of the Communications Decency Act as providing websites with broad immunity. In an earlier article, I argued that a proprietorship standard should be imposed upon websites, which would require them to take reasonable measures to prevent foreseeable harm. This article further …
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
A Whole Lot Of Substance Or A Whole Lot Of Rhetoric? A Perspective On A Whole-Of-Government Approach To Security Challenges, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Valuing Health Care: Improving Productivity And Quality, Barak D. Richman, Arti K. Rai
Valuing Health Care: Improving Productivity And Quality, Barak D. Richman, Arti K. Rai
Faculty Scholarship
No abstract provided.
Public Discourse, Expert Knowledge, And The Press, Joseph Blocher
Public Discourse, Expert Knowledge, And The Press, Joseph Blocher
Faculty Scholarship
This Essay identifies and elaborates two complications raised by Robert Post’s Democracy, Expertise, and Academic Freedom, and in doing so attempts to show how Post’s theory can account for constitutional protection of the press. The first complication is a potential circularity arising from the relationships between the concepts of democratic legitimation, public discourse, and protected social practices. Democratic legitimation predicates First Amendment coverage on participation in public discourse, whose boundaries are defined as those social practices necessary for the formation of public opinion. But close examination of the relationships between these three concepts raises the question of whether public discourse …
Democracy And Productivity: The Glass-Steagall Act And The Shifting Discourse Of Financial Regulation, K. Sabeel Rahman
Democracy And Productivity: The Glass-Steagall Act And The Shifting Discourse Of Financial Regulation, K. Sabeel Rahman
Faculty Scholarship
No abstract provided.
Noaa Cioert Report: Survey Of The Deep-Sea Coral And Sponge Ecosystem Of Pourtalés. Noaa Ship Nancy Foster Florida Shelf-Edge Exploration Ii (Flosee) Cruise Leg 2-September 23-30, 2011. (Noaa Project Number: Nf-11-09-Cioert)., John K. Reed, Stephanie Farrington, Andrew David, Charles G. Messing, Esther A. Guzman, Shirley A. Pomponi
Noaa Cioert Report: Survey Of The Deep-Sea Coral And Sponge Ecosystem Of Pourtalés. Noaa Ship Nancy Foster Florida Shelf-Edge Exploration Ii (Flosee) Cruise Leg 2-September 23-30, 2011. (Noaa Project Number: Nf-11-09-Cioert)., John K. Reed, Stephanie Farrington, Andrew David, Charles G. Messing, Esther A. Guzman, Shirley A. Pomponi
Faculty Scholarship
In September 2011, a three week research cruise was conducted by the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute-Florida Atlantic University (HBOI-FAU) in collaboration with NOAA. This CIOERT Florida Shelf-Edge Exploration II (FLoSEE) Cruise was conducted in two legs using the NOAA Ship Nancy Foster and the University of Connecticut’s (UCONN) Kraken 2 ROV. This Preliminary Cruise Report is for Leg 2 of the cruise which was funded in part by the NOAA Deep Sea Coral Research and Technology Program (DSCRTP) which supported seven days of ROV time to explore and sample deep-sea …
Noaa Cioert Report: Survey Of The Pulley Ridge Mesophotic Reef Ecosystem. Noaa Ship Nancy Foster Florida Shelf-Edge Exploration Ii (Flosee) Cruise Leg 1-September 12-19, 2011., John K. Reed, Stephanie Farrington, Shirley A. Pomponi, Dennis M. Hanisak, Joshua Voss
Noaa Cioert Report: Survey Of The Pulley Ridge Mesophotic Reef Ecosystem. Noaa Ship Nancy Foster Florida Shelf-Edge Exploration Ii (Flosee) Cruise Leg 1-September 12-19, 2011., John K. Reed, Stephanie Farrington, Shirley A. Pomponi, Dennis M. Hanisak, Joshua Voss
Faculty Scholarship
In September 2011, a three week research cruise was conducted by the Cooperative Institute for Ocean Exploration, Research, and Technology (CIOERT) at Harbor Branch Oceanographic Institute-Florida Atlantic University (HBOI-FAU) in collaboration with NOAA. This CIOERT Florida Shelf-Edge Exploration II (FLoSEE) Cruise was conducted in two legs using the NOAA Ship Nancy Foster and the University of Connecticut’s (UCONN) Kraken 2 ROV. CIOERT is grateful for the funding and resources provided by the NOAA Office of Ocean Exploration and Research (OER), the NOAA Deep Sea Coral Research and Technology Program (DSCRTP), and the NOAA Office of Marine and Aviation Operations (OMAO) …