Digital Commons Network^™

Uniform Commercial Code: Sales, Robyn L Meadows, Jennifer S. Martin

Faculty Scholarship

No abstract provided.

Towards A System Of Estates In Virtual Property, Juliet M Moringiello

Faculty Scholarship

No abstract provided.

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

No abstract provided.

Crime, Legitimacy, And Testilying, Bennett Capers

Faculty Scholarship

No abstract provided.

Disaster-Specific Mechanism For Consolidation, Robin Effron

Faculty Scholarship

No abstract provided.

The Cleaver, The Violin, And The Scalpel: Duty And The Restatement (Third) Of Torts, Aaron D. Twerski

Faculty Scholarship

No abstract provided.

Forming Entities To Negotiate Community Benefits Agreements, Debra Bechtel

Faculty Scholarship

No abstract provided.

The Uneasy Relationship Between Science And Law: An Essay And Introduction, Lawrence Solan, Margaret Berger

Faculty Scholarship

No abstract provided.

Constitutional Evidence Law, Alex Stein

Faculty Scholarship

No abstract provided.

Putting The "I" In Wrtng: Drafting An A/Effective Personal Statement To Tell A Winning Refugee Story, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora

Faculty Scholarship

No abstract provided.

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

Phyllis Coleman, Scuba Diving Buddies: Rights, Obligations, and Liabilities, 20 University of San Fransisco Maritime Law Journal 75 (2008). A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system. A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important …

Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron

Faculty Scholarship

No abstract provided.

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 …

Teaching Law Office Management: Why Law Students Need To Know The Business Of Being A Lawyer, Debra Moss Curtis

Faculty Scholarship

Debra Curtis, Teaching Law Office Management: Why Law Students Need to Know the Business of Being a Lawyer, 71 Albany Law Review 201 (2008). This work examines the course "Law Office Management" and its place in the legal education curriculum. In discussing expert resources on law curriculum development as the MacCrate report and the Carnegie Foundation, the clear message emerges that practical skills of all types should be taught to law students. The article examines these skills and offers solutions as to how this education can be accomplished.

To Make A Difference: Dean As Producer, Jon M. Garon

Faculty Scholarship

As I look at my fifth year as Dean of Hamline University School of Law, I am often struck by the dissonance between my professional life, as a lawyer and law professor, and my administrative life, as a dean within a small university. In both roles, I remain driven to make a difference for the individuals I serve and the broader community in which we live. But these roles have never sat comfortably, one with the other. I am a product of my unique practice and academic experience. An entertainment lawyer by disposition, my field includes a broad array of …

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.

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).

Partnership Tax Allocation And The Internalization Of Tax-Item Transactions, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Corporate Policing And Corporate Governance: What Can We Learn From Hewlett-Packard's Pretexting Scandal, Miriam Baer

Faculty Scholarship

No abstract provided.

The Constable Blunders But Isnt Punished Does Hudson V Michigans Abolition Of The Exclusionary Rule Extend Beyond Knockandannounce Violations, Mark A. Summers

Faculty Scholarship

No abstract provided.

Construing The National Labor Relations Act The Nlrb And Method Of Statutory Construction, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.

Inventors, Entrepreneurs, And Intellectual Property Law, Michael J. Meurer

Faculty Scholarship

I am not sure why small business concerns have not had more influence on IP law. Perhaps the sentiment prevailing in antitrust law spilled over into IP law. American antitrust law has reached a near consensus that small firms get no special treatment under a law designed to protect competition, not competitors. ° In contrast, European competition law regulators are more likely to protect small business, and European patent policymakers openly fret about how to reform their patent law to promote small business.²

Regardless, my concern in this Article is mostly with the normative question: Should IP law favor …

Market-Based Licensing For Hpv Vaccines In Developing Countries, Kevin Outterson, Aaron S. Kesselheim

Faculty Scholarship

Human papillomavirus (HPV) vaccines hold great promise for preventing cervical cancer, but 93 percent of mortality worldwide occurs in low- and middle-income countries, where high vaccine costs can restrict dissemination. Current models for promoting international access to health care innovations include differential pricing, advance market commitments, and voluntary and compulsory licensing. Some of these mechanisms have been effective, but much room for improvement remains. We discuss the usefulness of a new type of license that uses market forces to lower prices through generic competition in low- and middle-income countries while ensuring that pharmaceutical companies are appropriately reimbursed for their research …

Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon

Faculty Scholarship

A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,² a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …

A Positive Theory Of Strict Liability, Keith N. Hylton

Faculty Scholarship

In spite of its tenure as the prevailing economic theory of strict liability, the proposition that strict liability should be preferred to negligence when it is desirable to reduce injurers' activity levels rather than victims' activity levels raises a few questions. First, when should we prefer to reduce injurers' activity levels rather than victims'? Second, why should we not hold both victim and injurer strictly liable? This paper provides a model that answers these questions more effectively than the prevailing economic model. The model presented here offers specific predictions that are consistent with the detailed law on strict liability and …

Asbestos And Mass Torts With Fraudulent Victims, Keith N. Hylton

Faculty Scholarship

Deterrence and compensation goals should be distinguished, and compensation priorities should change in response to the deterrence goal. This has immediate implications for the problem of handling marginal and fraudulent claims in asbestos litigation. Where the deterrence goals come to the forefront, for example in instances of reckless exposure, it may be desirable for courts to require defendants to pay damages that are not transferred to any claimants. Where the deterrence goals are less compelling, as in instances of ordinary negligence, the importance of weeding out marginal and fraudulent claims becomes paramount. I consider optimal penalties for attorneys who bundle …

A Theory Of Wealth And Punitive Damages, Keith N. Hylton

Faculty Scholarship

One recurring problem in the punitive damages case law is the degree to which the wealth of the defendant should matter in the determination of a punitive award. Intuition suggests that the wealthy should pay more than the nonwealthy. On the other hand, the view has been expressed that wealth should not play a role in the determination of a punitive award. I will use examples to develop several arguments. The claim that wealth is seldom relevant to the determination of a punitive award is unsupportable. The key proposition advanced in this paper is that the defendant's wealth is relevant …

Reincarnating The "Major Questions" Exception To Chevron Deference As A Doctrine Of Non-Interference (Or Why Massachusetts V. Epa Got It Wrong), Abigail Moncrieff

Faculty Scholarship

In a pair of cases declaring a major questions exception to Chevron deference, the Supreme Court held that executive agencies may not implement major policy changes without explicit authorization from Congress. But in Massachusetts v. EPA, the Court unceremoniously killed its major questions rule, requiring the EPA to implement one such major policy change. Because the scholarly literature to date has failed to discern a worthy justification for the major questions rule, the academy might be tempted to celebrate the rule's death. This Article, how-ever, argues that the rule ought to be mourned and, indeed, reincarnated. It offers a non-interference …