Digital Commons Network^™

What Cornell Veterinary School Taught Me About Legal Education, Tina Stark

Faculty Scholarship

No abstract provided.

The Data Surveillance State In Europe And The United States, Joel R. Reidenberg

Faculty Scholarship

No abstract provided.

Afterword: Conferring About The Conference, Jessica Silbey, Aaron Perzanowski, Marketa Trimble

Faculty Scholarship

We heard at the conference five rich papers, all addressing in one way or another the conference's theme: "ReCalibrating Copyright: Continuity, Contemporary Culture, and Change." Professor Craig Joyce, in his capacity as conference convener, asked us as Fellows, at the end of the day of presentations and discussions, how we thought the Presenters' papers spoke to each other and to the conference's focus.

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

A Unified Framework For Competition Policy And Innovation Policy, Keith N. Hylton

Faculty Scholarship

I describe a model of competition law enforcement that treats competition and innovation policy as the inseparable partners they ought to be. The enforcement authority determines an optimal punishment knowing that if it sets the penalty too high it will reduce firms’ incentives to invest in innovation, and if firms do not invest, new goods and new markets will not be created. The authority therefore moderates the penalty in order to maintain innovation incentives. The implications of this framework for competition policy and for innovation policy are quite different from what is commonly observed today. I discuss implications for competition …

Toward A Regulatory Framework For Third-Party Funding Of Litigation, Keith N. Hylton

Faculty Scholarship

Because third-party funding and sales of legal rights are equivalent in terms of their economics, I examine arrangements in which third-party sales of legal rights are permitted today; those arrangements include waiver, subrogation, and settlement agreements. These existing arrangements provide valuable lessons for the appropriate regulatory approach to third-party financing of litigation.

The Fiduciary Foundations Of Federal Equal Protection, Gary S. Lawson, Guy Seidman, Robert G. Natelson

Faculty Scholarship

In Bolling v. Sharpe, the Supreme Court invalidated school segregation in the District of Columbia by inferring a broad “federal equal protection” principle from the Due Process Clause of the Fifth Amendment. It is often assumed that this principle is inconsistent with the Constitution’s original meaning and with “originalist” interpretation.

This Article demonstrates, however, that a federal equal protection principle is not only consistent with the Constitution’s original meaning, but inherent in it. The Constitution was crafted as a fiduciary document of the kind that, under contemporaneous law, imposed on agents acting for more than one beneficiary – and on …

The Direct Costs From Npe Disputes, Michael J. Meurer, James Bessen

Faculty Scholarship

In the past, “non-practicing entities” (NPEs), popularly known as “patent trolls,” have helped small inventors profit from their inventions. Is this true today or, given the unprecedented levels of NPE litigation, do NPEs reduce innovation incentives? Using a survey of defendants and a database of litigation, this paper estimates the direct costs to defendants arising from NPE patent assertions. We estimate that firms accrued $29 billion of direct costs in 2011. Although large firms accrued over half of direct costs, most of the defendants were small or medium-sized firms. Moreover, an examination of publicly listed NPEs indicates that little of …

Information And Causation In Tort Law: Generalizing The Learned Hand Test For Causation Cases, Keith N. Hylton

Faculty Scholarship

This paper discusses the economics of causation in tort law, describing precise implications for precautionary incentives when courts are and are not perfectly informed. With precautionary incentives identified, we can ask whether the causation inquiry enhances welfare, and if so under what conditions. Perhaps the most important innovation applies to the Hand Formula. When causation is an issue, the probability of causal intervention should be part of the Hand test, and the generalized Hand test offers a method of distinguishing significant classes of causation cases. I close with implications for the moral significance of causation and for economic analysis of …

Money, Sex, And Religion – The Supreme Court's Aca Sequel, George J. Annas, Theodore W. Ruger, Jennifer Prah Ruger

Faculty Scholarship

The Supreme Court decision in the Hobby Lobby case is in many ways a sequel to the Court's 2012 decision on the constitutionality of the Affordable Care Act (ACA). The majority decision, written by Justice Samuel Alito, is a setback for both the ACA's foundational goal of access to universal health care and for women's health care specifically. The Court's ruling can be viewed as a direct consequence of our fragmented health care system, in which fundamental duties are incrementally delegated and imposed on a range of public and private actors. Our incremental, fragmented, and incomplete health insurance system means …

One(?) Nation Overextended, Gary S. Lawson

Faculty Scholarship

The conventional wisdom prior to the founding was that republics needed to be small. The conventional wisdom today is that James Madison, and the example of the United States, proves this to be mistaken. But what if Madison was actually wrong and Montesquieu was right? In this article, I consider whether the United States has gotten too big for its Constitution, whether this massive size contributes to political dysfunction, and what might be done to remedy the problem if there is indeed a problem. I suggest that size can increase rather than decrease the dangers of faction because the increased …

The Ftc And Privacy And Security Duties For The Cloud, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

Third-party data service providers, especially providers of cloud computing services, present unique and difficult privacy and data security challenges. While many companies that directly collect data from consumers are bound by the promises they make to individuals in their privacy policies, cloud service providers are usually not a part of this arrangement. It is not entirely clear what, if any, obligations cloud service providers have to protect the data of individuals with whom they have no contractual relationship. This problem is especially acute because many institutions sharing personal data with cloud service providers fail to include significant privacy and security …

A Model Litigation Finance Contract, Maya Steinitz, Abigail C. Field

Faculty Scholarship

Litigation financing is nonrecourse funding of litigation by a non-party for a profit. It is a burgeoning and controversial phenomenon that has penetrated the Unites States in recent years. Since "most of the important phenomena of modern litigation are best understood as results of changes in the financing and capitalization of the bar," it is not surprising that litigation financing has been dubbed by RAND as one of the "biggest and most influential trends in civil justice" and by the Chamber of Commerce "a clear and present danger to the impartial and efficient administration of civil justice in the United …

Live And Let Die: Puerto Rico — The Unincorporated Jewel Of The Caribbean, Emmanuel Hiram Arnaud

Faculty Scholarship

Puerto Rico is a commonwealth of the United States. However, the ambiguous meaning of that phrase has allowed for inconsistent treatment of Puerto Rico by the Supreme Court of the United States. This short article briefly tackles the manner in which the federal government most recently applied the federal death penalty to Puerto Rico despite the island's constitutional ban against capital punishment.

The Ftc And The New Common Law Of Privacy, Daniel J. Solove, Woodrow Hartzog

Faculty Scholarship

One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite over fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become …

The Value Of Modest Privacy Protections In A Hyper Social World, Woodrow Hartzog

Faculty Scholarship

Two of the greatest modem challenges to protecting personal information are determining how to protect information that is already known by many and how to create an adequate remedy for privacy harms that are opaque, remote, or cumulative. Both of these challenges are front and center for those who seek to protect socially shared information. Social media and wearable communication technologies like Google Glass present vexing questions about whether information that is known by many can ever be "private," what the privacy harm might be from this information's misuse, and how to remedy such harms in balance with competing values …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Faculty Scholarship

This article problematizes the use of the bona fide case standard as the legal standard for a court to order a third party Internet Service Provider ("ISP") to disclose subscriber information to a copyright owner in online piracy cases. It argues that ISP account holders have a reasonable expectation of privacy in their subscriber information. It contends that the current bona fide case standard affords a relatively low threshold of protection for Internet users’ subscriber information. The reason for which the article takes this position is that the bona fide case standard can be met solely by IP address evidence, …

Mediators In The Field: Experiences Around The Globe, Sheila Purcell

Faculty Scholarship

No abstract provided.

The Real Problem With Carried Interests, Heather M. Field

Faculty Scholarship

No abstract provided.

Guns Don't Kill People, 3d Printing Does? Why The Technology Is A Distraction From Effective Gun Controls, Rory K. Little

Faculty Scholarship

No abstract provided.

Thou Shalt Not Take The Name Of The Lord Thy God In Vain Use And Abuse Of Religious Exemptions From School Immunization Requirements, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Compensating The Victims Of Failure To Vaccinate What Are The Options?, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Citizen Participation In Criminal Trials In Japan: The Saiban-In System And Victim Participation In Japan In International Perspectives, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Taking Groundwater, Dave Owen

Faculty Scholarship

No abstract provided.

Overallocation, Conflict, And Water Transfers, Dave Owen

Faculty Scholarship

No abstract provided.

Form 1023-Ez And The Streamlined Process For The Federal Income Tax Exemption: Is The Irs Slashing Red Tape Or Opening Pandora's Box, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Organized Common Sense: Some Lessons From Judge Jack Weinstein's Uncommonly Sensible Approach To Expert Evidence, David Faigman, Claire Lesikar

Faculty Scholarship

No abstract provided.

Rule Of Legal Rhetoric, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Fact Determination In Rule 23 Class Actions, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Effective Client Selection In Transactional Clinics, Gordon Van Kessel

Faculty Scholarship

No abstract provided.