Digital Commons Network^™

Where's The Beef? Facilitating Voluntary Retirements Of Federal Lands From Livestock Grazing, John D. Leshy, Molly S. Mcusic

Faculty Scholarship

No abstract provided.

In Praise Of Joe Sax, John D. Leshy

Faculty Scholarship

No abstract provided.

Assessing Cafa's Stated Jurisdictional Policy, Richard L. Marcus

Faculty Scholarship

No abstract provided.

E-Discovery Beyond The Federal Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Cure-All For An Era Of Dispersed Litigation? Toward A Maximalist Use Of The Multidistrict Litigation Panel's Transfer Power, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Formal Structure Of Patent Law And The Limits Of Enablement, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.

Making The State Do Justice Transnational Prosecutions And International Support For Criminal Investigations In Post Armed Conflict Guatemala, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Coerced Confessions Self Policing In The Shadow Of The Regulator, Jodi L. Short, Michael W. Toffel

Faculty Scholarship

No abstract provided.

Law, Environmental Dynamism, Reliability: The Rise And Fall Of Calfed, Dave Owen

Faculty Scholarship

No abstract provided.

Climate Change And Environmental Assessment Law, Dave Owen

Faculty Scholarship

No abstract provided.

Social Reconstruction As A Local Process, Naomi Roht-Arriaza, Laura Arriaza

Faculty Scholarship

No abstract provided.

Failed Forensics: How Forensic Science Lost Its Way And How It Might Yet Find It, David Faigman

Faculty Scholarship

No abstract provided.

Beyond Best Practices: Strict Scrutiny As A Regulatory Model For Race-Specific Medicines, Osagie K. Obasogie

Faculty Scholarship

No abstract provided.

Race-Specific Drugs: Regulatory Trends And Public Policy, Osagie K. Obasogie, David E. Winikoff

Faculty Scholarship

No abstract provided.

The Public Domain: Enclosing The Commons Of The Mind, James Boyle

Faculty Scholarship

Our music, our culture, our science and our economic welfare all depend on a delicate balance between those ideas that are controlled and those that are free, between intellectual property and the public domain. In his award-winning book, The Public Domain: Enclosing the Commons of the Mind (Yale University Press) James Boyle introduces readers to the idea of the public domain and describes how it is being tragically eroded by our current copyright, patent, and trademark laws. In a series of fascinating case studies, Boyle explains why gene sequences, basic business ideas and pairs of musical notes are now owned, …

Retributive Justice, Restorative Justice, And Forgiveness: An Experimental Psychophysiology Analysis, Charlotte Witvliet, Everett L. Worthington, Lindsey M. Root, Amy F. Sato, Thomas E. Ludwig, Julie J. Exline

Faculty Scholarship

This experiment assessed the emotional self-reports and physiology of justice outcomes and forgiveness responses to a common crime, using a three Justice (retributive, restorative, no justice) × 2 Forgiveness (forgiveness, none) repeated-measures design. Participants (27 males, 29 females) imagined their residence was burglarized, followed by six counterbalanced justice–forgiveness outcomes. Imagery of justice—especially restorative—and forgiveness each reduced unforgiving motivations and negative emotion (anger, fear), and increased prosocial and positive emotion (empathy, gratitude). Imagery of granting forgiveness (versus not) was associated with less heart rate reactivity and better recovery; less negative emotion expression at the brow (corrugator EMG); and less aroused …

Intent, Presumptions, And Non-Self-Executing Treaties, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Rabenmutter And The Glass Ceiling: An Analysis Of Role Conflict Experienced By Women Lawyers In Germany As Compared With Women Lawyers In The United States, Jacquelyn H. Slotkin

Faculty Scholarship

The purpose of this article is to analyze and compare women lawyers in Germany with women lawyers in the United States: their legal education, gender proportion in the legal profession, work opportunities, satisfaction with professional choices, and role conflicts. 22 Part I of this article will describe Germany's legal education and compare it with U.S. legal education. Part II will review the literature and issues relevant to German women lawyers as compared with U.S. women lawyers and will summarize and analyze how societal attitudes have affected women's choices in Germany and in the United States. Part III will compare demographic …

In Re Gault And The Promise Of Systemic Reform, Kate Kruse

Faculty Scholarship

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

Preventive Law: A Strategy For Internal Corporate Lawyers To Advise Managers Of Their Ethical Obligations, Z. Jill Barclift

Faculty Scholarship

This article examines the efficacy of Preventive Law jurisprudence to internal corporate law practice. The article compares internal corporate law practice to the practice approach of Preventive Law. The article explores the benefits of Preventive Law jurisprudence to internal corporate law practice. Part I discusses the history and various vectors of Preventive Law. Part II examines the responsibilities of corporate law departments. Part III compares Preventive Law practice skills to internal corporate law practice, and explores the utility of Barton’s problem solving approaches to internal corporate law practice. Finally, the article concludes arguing internal corporate law practice is Preventive Law …

Flies On The Wall Or In The Ointment? Some Thoughts On The Role Of Clinical Supervisors At Initial Client Interviews, Carolyn Grose

Faculty Scholarship

This article uses the question of whether or not supervisors attend initial client interviews with their students as a lens through which to explore other questions about supervision theory, clinical pedagogy and professional responsibility. This analysis appears to create dichotomous positions concerning how students learn best and how clients are served best. The article attempts to deconstruct these dichotomies by proposing a different way to think about these issues. Grounded in theories about adult learning, critical reflection, and role assumption and modeling, the article concludes that the decision about whether to attend client interviews can be one that the supervisor …

Tribal Nation Economics: Rebuilding Commercial Prosperity In Spite Of U.S. Trade Restraints–Recommendations For Economic Revitalization In Indian Country, Angelique Eaglewoman

Faculty Scholarship

Tribal commerce created the current highways that stretch from coast-to-coast in North America today. The roads that are traveled by semi-trucks full of cargo, grocery produce, and all manner of commercial goods are on top of the ancient trade routes Natives have traveled for centuries. Unfortunately, the history and sophistication of Native commercial activities have been largely suppressed and left out of the story of the North American continent as Euro-Americans rewrote the continent’s history to reflect the glorification of colonization. The truth is that there was no need for the 'rugged pioneer' to cut through tall grass to head …

Roleplays As Rehearsals For “Doing The Right Thing”---Adding Practice In Professional Values To Moldovan And United States Legal Education, Ann Juergens

Faculty Scholarship

In a work world where injustice and corruption challenge lawyers daily, how might law schools better prepare students to become ethical leaders, or, at least, to practice ethically themselves? This article asserts that adding short interactive roleplays to large classes is one way for students to learn the skill and value of doing the right thing under difficult circumstances. The authors build on their experience teaching in Moldova, where they found students eager to engage in realistic roleplays, so eager that they transformed a lawyer-client interviewing exercise into an exploration of what to do when offered a bribe. If U.S. …

Involuntary Passive Euthanasia In U.S. Courts: Reassessing The Judicial Treatment Of Medical Futility Cases, Thaddeus Mason Pope

Faculty Scholarship

Over the past twenty-five years, a significant number of surrogate decision makers have demanded that a health care provider use medical technology to prolong a patient's life beyond the point thought medically appropriate. These surrogates want to continue life-sustaining medical treatment (LSMT) that providers want to stop. While most of these futility disputes are resolved informally inside the hospital, dozens have now been litigated in U.S. courts. Because the judicial treatment of these disputes casts a long, dark shadow on the informal resolution of all the others, it is important to ascertain exactly what guidance these court cases provide.

In …

The Post-Cuno Litigation Landscape, Morgan Holcomb, Nicholas Allen Smith

Faculty Scholarship

In 1996, Northeastern University School of Law Professor Peter Enrich wrote a groundbreaking article, in which he argued that certain state tax incentives are unconstitutional as violations of the Commerce Clause. This article begins by describing the constitutional landscape into which Enrich cast his argument, and them turns describe the litigation that Enrich’s article has generated, including the much-watched case, Cuno v. DaimlerChrysler Corp., which held the promise of resolving this dormant Commerce Clause question, only to wither away on the vine of standing. Following the discussion of Cuno, this article will turn to an exploration of the litigation that …

Without A Doubt, A Sharp And Radical Departure: The Minnesota Supreme Court’S Decision To Change Plain Error Review Of Unobjected-To Prosecutorial Error In State V. Ramsey, James Morrow, Joshua R. Larson

Faculty Scholarship

No abstract provided.

A Truly Good Work: Turning To Restorative Justice For Answers To The Welfare-To-Work Dilemma, Marie Failinger

Faculty Scholarship

U.S. welfare programs have traditionally come with strings attached: recipients must work for their benefits. I argue that there is a more practical and less morally repugnant way to marry work and welfare if proponents of work as well as their opponents would be willing to give up the unrealistic expectations they have placed on state-run public assistance programs, and define a clear and limited relationship between work and need for economically vulnerable people. Just as it has offered an alternative to both the pure retributivist and rehabilitation models in the area of criminal corrections, the principles and practices of …

Tax My Ride: Taxing Commuters In Our National Economy, Morgan Holcomb

Faculty Scholarship

States constitutionally impose individual income taxes on two bases: (1) Residency: a state of residence can tax its residents and domiciliaries and (2) Source: the state in which income is earned can tax the individual earner. At present, there is no articulated constitutional barrier to "double taxation" of individual income. That is, there is no requirement that the source state and residence state collaborate to tax no more than 100% of an individual's income, and there is no requirement that only one state consider itself the "source" of a particular item of income. In the realm of corporate income taxation …

Identifying And Keeping The Genie In The Bottle: The Practical And Legal Realities Of Trade Secrets In Bankruptcy Proceedings, Sharon Sandeen

Faculty Scholarship

Anyone who has been paid attention to developments in the world of business over the past quarter century can attest to the fact that intellectual property (IP) is a hot commodity. Indeed, in contrast to the companies that emerged out of the Industrial Revolution, the companies that have spawned as part of the so-called “Information Age” attribute much of their value and future prospects to intangible, rather than tangible, assets. Unfortunately, while bankruptcy courts have generally recognized the need to distinguish between tangible and intangible assets, particularly when determining whether a claim is secured or unsecured, they often fail to …