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Articles 15811 - 15840 of 25444
Full-Text Articles in Entire DC Network
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell
Faculty Scholarship
Present sentencing law in criminal cases of financial reporting fraud is embarrassingly flawed. The problem is urgent given that courts are now regularly sentencing corporate offenders, sometimes (but sometimes not) to extremely punitive terms of imprisonment. Policing of fraud by multiple jurisdictions in a federal system means that principled sentencing law is necessary not only for first-order policy reasons but also for coordination of sanctioning efforts. Proportionality and rationality demand that sentencing law have an agreed scale for measuring cases of financial reporting fraud in relation to each other, a sound methodology for fixing a given case on that scale, …
Purposes And Effects In Criminal Law, Samuel W. Buell
Purposes And Effects In Criminal Law, Samuel W. Buell
Faculty Scholarship
This brief comment, published in the Virginia Law Review's online companion, responds to Richard Bierschbach's and Alex Stein's article, Mediating Rules in Criminal Law.
Mandatory Constitutions, Paul D. Carrington
Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai
Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai
Faculty Scholarship
No abstract provided.
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Faculty Scholarship
Should equality be viewed from a lifetime or "sublifetime" perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as "progressive" or "regressive," should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …
Book Review, Laurence R. Helfer
Book Review, Laurence R. Helfer
Faculty Scholarship
reviewing Eyal Benvenisti & Moshe Hirsch eds., The Impact of International Law on International Cooperation: Theoretical Perspectives (2004)
The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer
The Politics Of Preclearance, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
This Essay examines recent charges of political motivation against the Department of Justice and its enforcement of the Voting Rights Act. These accusations appear well-deserved, on the strength of the Department's recent handling of the Texas redistricting submission and Georgia's voting identification requirement. This Essay reaches two conclusions. First, it is clear that Congress wished to secure its understanding of the Act into the future through its preclearance requirement. Many critics of the voting rights bill worried about the degree of discretion that the legislation accorded the Attorney General. Supporters worried as well, for this degree of discretion might lead …
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Confrontation As Constitutional Criminal Procedure: ‘Crawford’S’ Birth Did Not Require That ‘Roberts’ Had To Die’, Robert P. Mosteller
Faculty Scholarship
No abstract provided.
The Effect Of Risk On Legal Valuation, Robert J. Rhee
The Effect Of Risk On Legal Valuation, Robert J. Rhee
Faculty Scholarship
From a financial economic perspective, the governing condition of a meritorious civil action is the uncertainty of outcome. Expectation and outcome deviate, and the spread is the measure of uncertainty (or variance). During litigation each party has an option to settle or select trial. The decision standard can be seen as an option strike price and a finding of liability as an “in-the-money” call option. This apparent optionality suggests the application of an option pricing model to legal valuation, and a small but growing body of scholarship endorses this concept. However, option theory is not the only concept. Under an …
License To Sue? The Availability Of Declaratory Judgment Actions To Patent Licensees After Medimmune, Inc. V. Genentech, Inc., Lawrence M. Sung
License To Sue? The Availability Of Declaratory Judgment Actions To Patent Licensees After Medimmune, Inc. V. Genentech, Inc., Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …
Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax
Reforming Fda Policy For Pediatric Testing: Challenges And Changes In The Wake Of Studies Using Antidepressant Drugs, Joanna K. Sax
Faculty Scholarship
No abstract provided.
Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman
Drug Testing Of Students: A Legal And Public Health Perspective, Floralynn Einesman
Faculty Scholarship
This article seeks to address the efficacy of school drug-testing programs. After providing some general background information on the abuse of substances, the article sets forth the Supreme Court decisions on student drug testing. Part III then discusses the extension of the jurisprudence in the state courts to show how the Supreme Court law is being expanded by the states, and is likely to be further expanded in the future. The next section, Part IV, turns to drug screening from a public health perspective, analyzing whether or not drug screening is a valid public health screen. Finally, Part V examines …
Practitioner's View: Clients At Guantanamo, Martha Rayner
Practitioner's View: Clients At Guantanamo, Martha Rayner
Faculty Scholarship
No abstract provided.
In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard
In Memoriam: Clark Byse, Stephen G. Breyer, Elena Kagan, Andrew L. Kaufman, Todd D. Rakoff, Peter L. Strauss, Richard K. Willard
Faculty Scholarship
The editors of the Harvard Law Review respectfully dedicate this issue to Professor Clark Byse.
The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner
The Illegality Of Contingency-Fee Arrangements When Prosecuting Public Natural Resource Damage Claims And The Need For Legislative Reform, Julie E. Steiner
Faculty Scholarship
Private attorneys are entering into contingency-fee based special counsel agreements with states, territories and tribes, to bring public natural resource damage (NRD) claims. Under this agreement, special counsel brings a NRD action on behalf of the public and fronts the litigation costs, but deducts a percentage of the public's damage recovery to pay the attorney's contingency fee; the remainder goes into a fund to be allocated by the government's NRD trustee. Because NRD claims implicate gargantuan damage awards, the legality of depleting such a damage award by a substantial percentage to pay an attorney's fee is a significant issue that …
Beyond Blame—Mens Rea And Regulatory Crime, Arthur Leavens
Beyond Blame—Mens Rea And Regulatory Crime, Arthur Leavens
Faculty Scholarship
In the first part of this Article, the Author briefly outlines the conceptual underpinnings of the common law approach to mens rea, with its blame focus, and the Supreme Court's early efforts to develop a different approach in interpreting regulatory criminal statutes. The Author begins the second part of this Article with Lambert v. California, in which the Court staked out the constitutional limits for the employment of strict liability in public welfare or regulatory crimes, and, first employed notice-based mens rea. This part goes on to examine the ensuing cases in which the Court, at least implicitly, fleshes out …
The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs
The Overlapping Magisteria Of Law And Science: When Litigation And Science Collide, William G. Childs
Faculty Scholarship
In this Article, the Author explores two unexpected consequences of joining science and law at the hip, and considers whether these consequences represent reciprocal contamination, or instead cross-fertilization, of law and science. In Part I of this Article, the Author provides a brief review of the evolution of legal standards for the admissibility of what is termed "scientific evidence," including Frye and Daubert and their progeny. In Part II of the Article, the Author gives a (necessarily limited) overview of certain modern scientific paradigms of reliability and he explores the realities of peer reviews and of other institutions in science …
Impacts Of Bottom Trawling On A Deep-Water Oculina Coral Ecosystem Off Florida., John K. Reed, Christopher C. Koenig, Andrew N. Shepard
Impacts Of Bottom Trawling On A Deep-Water Oculina Coral Ecosystem Off Florida., John K. Reed, Christopher C. Koenig, Andrew N. Shepard
Faculty Scholarship
In 1984, a portion of the deep-water Oculina coral reef ecosystem off eastern Florida was protected as the Oculina Habitat Area of Particular Concern (OHAPC), prohibiting bottom trawls, longlines, dredges, and anchors. Unfortunately, the northern two thirds of the reef system remained open to these gear until 2000 when the OHAPC boundaries were expanded to 1029 km2. In the 1970s, the Oculina reefs were teeming with large spawning aggregations of grouper and snapper. By the early 1990s, commercial and recreational fishing had decimated the fish populations, and the coral had been severely impacted by bottom trawling for rock shrimp. Historical …
Neopeltolide A New Macrolide From A Lithistid Sponge Of The Family Neopeltidae., Amy E. Wright, J. C. Botelho, Esther A. Guzman, Dedra K. Harmody, P. A. Linley, Peter J. Mccarthy, Tara P. Pitts, Shirley A. Pomponi, John K. Reed
Neopeltolide A New Macrolide From A Lithistid Sponge Of The Family Neopeltidae., Amy E. Wright, J. C. Botelho, Esther A. Guzman, Dedra K. Harmody, P. A. Linley, Peter J. Mccarthy, Tara P. Pitts, Shirley A. Pomponi, John K. Reed
Faculty Scholarship
A new marine-derived macrolide designated as neopeltolide (1) has been isolated from a deep-water sponge of the family Neopeltidae. Its structure was elucidated on the basis of spectroscopic data interpretation. Neopeltolide (1) is a potent inhibitor of the in vitro proliferation of the A-549 human lung adenocarcinoma, the NCI-ADR-RES human ovarian sarcoma, and the P388 murine leukemia cell lines, with IC50’s of 1.2, 5.1, and 0.56 nM, respectively. Neopeltolide (1) also inhibited the growth of the fungal pathogen Candida albicans with a minimum inhibitory concentration of 0.62 íg/mL.
Consent In Mediation , Jacqueline Nolan-Haley
Consent In Mediation , Jacqueline Nolan-Haley
Faculty Scholarship
This brief comparative analysis of the United States and English approaches to mediation consent raises policy questions about the merits of mandatory mediation. Is England on a better course by requiring consent at the front end of mediation? Will mediation be stronger in the long run when it has a consensual foundation? Arguably, the use of cost sanctions in England's mediation regime makes it close to a mandatory mediation system. For some litigants, participating in mediation will be potentially less costly than arguing that it was not unreasonable to refuse mediation. But despite the mandatory gloss, mediation is still a …
Long Term Monitoring Of A Deep-Water Coral Reef: Effects Of Bottom Trawling., John K. Reed, Christopher C. Koenig, Andrew N. Shepard, R. G. Gilmore
Long Term Monitoring Of A Deep-Water Coral Reef: Effects Of Bottom Trawling., John K. Reed, Christopher C. Koenig, Andrew N. Shepard, R. G. Gilmore
Faculty Scholarship
The deep-water Oculina coral reef ecosystem is unique and exists solely off the east coast of central Florida. Oculina varicosa forms azooxanthellate colonies up to 2 m in diameter which coalesce into dense thickets on 20-m tall mounds that are thousands of years old. Recently restored videotapes that were made in the 1970s with the Johnson-Sea-Link submersibles show large breeding aggregations of grouper associated with the coral habitat. Historical photographic surveys provide evidence of the status and health of the reefs prior to heavy fishing and trawling activities of the 1980s and 1990s. Recent quantitative analyses by point count of …
Ecosystem-Based Fisheries Management Of Seamount And Deep-Sea Coral Reefs In U.S. Waters: Conceptual Models For Proactive Decisions., R. Y. George, T. A. Okey, John K. Reed, R. P. Stone
Ecosystem-Based Fisheries Management Of Seamount And Deep-Sea Coral Reefs In U.S. Waters: Conceptual Models For Proactive Decisions., R. Y. George, T. A. Okey, John K. Reed, R. P. Stone
Faculty Scholarship
Commercial fishing activities, primarily bottom trawling, have severely damaged vulnerable sea-floor communities such as undersea coral gardens and the summits of seamounts. Recreational fishing can also affect ecosystems adversely. The United States Ocean Commission (2004) recommended that fisheries be managed to protect marine ecosystems and their functions. The eight regional fisheries management councils in the United States under the jurisdiction of the National Marine Fisheries Service lack a sufficiently detailed understanding of ecosystem structure and function and of the target stocks and managed fisheries for making decisions that protect the stocks and ecosystems while allowing fisheries to proceed. Because the …
Final Oculina Evaluation Team Report, Oculina Experimental Closed Area (Oeca)., John K. Reed, Christopher C. Koenig, R. G. Gilmore, M. Miller, Andrew N. Shepard, C. Werner
Final Oculina Evaluation Team Report, Oculina Experimental Closed Area (Oeca)., John K. Reed, Christopher C. Koenig, R. G. Gilmore, M. Miller, Andrew N. Shepard, C. Werner
Faculty Scholarship
The Council established the Oculina Evaluation Team (OET) as part of its Evaluation Plan for the Oculina Experimental Closed Area (OECA). The team -- comprising law enforcement representatives, research scientists, resource managers, commercial fishermen, recreational fishermen, outreach experts, and non-governmental organization representatives -- was charged with reviewing and providing recommendations for the ongoing research and monitoring, outreach, and law enforcement components of the Evaluation Plan. These recommendations will assist the Council in completing a required 3-year size and configuration evaluation and a 10-year complete evaluation of the OECA. The OET convened for the first time August 21-23, 2006 in Port …
A Textual And Historical Case Against A Global Constitution, Andrew Kent
A Textual And Historical Case Against A Global Constitution, Andrew Kent
Faculty Scholarship
he emerging conventional wisdom in the legal academy is that individual rights under the U.S. Constitution should be extended to noncitizens outside the United States. This claim - called globalism in my article - has been advanced with increasing vigor in recent years, most notably in response to legal positions taken by the Bush administration during the war on terror. Against a Global Constitution challenges the textual and historical grounds advanced to support the globalist conventional wisdom and demonstrates that they have remarkably little support. At the same time, the article adduces textual and historical evidence that noncitizens were among …
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Witchcraft And Statecraft: Liberal Democracy In Africa, Nelson Tebbe
Faculty Scholarship
No abstract provided.
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Copyright In An Era Of Information Overload: Toward The Privileging Of Categorizers, Frank Pasquale
Faculty Scholarship
No abstract provided.
Criminal Law's Mediating Rules: Balancing, Harmonization, Or Accident, Michael T. Cahill
Criminal Law's Mediating Rules: Balancing, Harmonization, Or Accident, Michael T. Cahill
Faculty Scholarship
No abstract provided.
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer
Faculty Scholarship
No abstract provided.
The Geography Of Family Privacy, David D. Meyer
The Geography Of Family Privacy, David D. Meyer
Faculty Scholarship
No abstract provided.