Digital Commons Network^™

Organisational Responses To Discontinuous Innovation: A Case Study Approach, Barak D. Richman, Jeffrey T. Macher

Faculty Scholarship

Research that examines entrant-incumbent dynamics often points to the organisational limitations that constrain incumbents from successfully pursuing new technologies or fending off new entrants. Some incumbents are nevertheless able to successfully implement organisational structures and develop routines that overcome these institutional constraints. We provide a case-study analysis of how three firms - Motorola, IBM and Kodak - responded to "discontinuous" innovations and the associated structural and organisational limitations that are typical to incumbent organisations. Each firm was able to capture gains from new technologies and develop profitable products in emerging markets, although their abilities to sustain these gains varied due …

Reconsidering Private Foundation Investment Limitations, Richard L. Schmalbeck

Faculty Scholarship

No abstract provided.

Law School Education In The 21st Century: Adding Information Technology Instruction To The Curriculum, Kenneth J. Hirsh, Wayne V. Miller

Faculty Scholarship

For the past 120 years, legal education in the United States has been fundamentally unchanged, even while the practice of law has been revolutionized by information technology. The ideal of the Socratic Method is still dominant in first year and many upperclass courses. Clinical and practice courses have expanded since the early-1980s; however, although state-of-the-art technology is now commonplace in law offices, most federal courthouses, and some state courtrooms, until now, there has been little effort to contextualize the importance of technology for law students. The authors review the availability of courses covering use of technology in law practice at …

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

The Equal Access Act: Still Controversial After All These Years, Leora Harpaz

Faculty Scholarship

Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …

Home Rule For The Twenty-First Century, Richard Briffault

Faculty Scholarship

At this point, four years into the new century, most readers must be tired of the invocation of the "twenty-first century" in law review articles. Yet, "the twenty-first century" in the title of this article is significant. The home rule idea first entered American law in the nineteenth century, an era with different forms of urban political, social, and economic organization, and a different role for local government. As the nature of urban development and the role of local government changes, home rule must change with it.

Home rule is a complex topic. Home rule takes many legal forms and …

Agora: The United States Constitution And International Law: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman

Faculty Scholarship

On the docket of the United States Supreme Court in 2004 is a substantial cluster of cases at the intersection of constitutional and international law. In the previous two Supreme Court Terms, the Court had adverted to sources of law and practice outside the United States, in its treatment of constitutional claims involving the death penalty and same-sex relationships. The apparent willingness of the Court to consider international and foreign authorities in reaching its conclusions on contested issues of constitutional law has raised to new prominence the debate over the relationship between constitutional and international law. It is not yet …

Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor

Faculty Scholarship

Globalization and increasing international flows of goods and capital have created a sense that the importance of individual nation states and the public goods they provide, including law and law enforcement institutions, is in decline. Opting out of domestic legal institutions and into those of a third country or into an "international" architecture have been elevated to important complements, if not substitutes for "good" institutions at home. If traders and investors could indeed effectively opt-out of their home jurisdiction's legal systems, we should observe empirically that the quality of domestic institutions has little impact on international patterns of trade flows. …

Radical Tax Reform, Municipal Finance, And The Conservative Agenda, Eric J. Gouvin

Faculty Scholarship

Proponents of a consumption tax system to replace the federal income tax typically couch their support for radical tax reform in the language of traditional tax policy goals. They claim that their reform plans promote the goals of simplicity, economic efficiency, stability, and equity. This Article examines how well the proposed tax reforms will achieve those goals in the context of their anticipated impact on state and local finance. The effects on state and local governments of a flattened-rate income tax, flat tax, or a broad federal consumption tax could be enormous and devastating. The Article finds that all of …

Introduction: What Does Oakley Tell Us About The Failures Of Constitutional Decision-Making?, Taylor Flynn

Faculty Scholarship

The Wisconsin Supreme Court's decision in State v. Oakley, in which the court upheld a probation order prohibiting Mr. Oakley from fathering additional children until he could support them, is a compelling example of a troubling flaw in our constitutional jurisprudence. Absent the countervailing check perhaps provided by the doctrine of unconstitutional conditions, each path of doctrinal analysis, considered separately, arguably leads to the conclusion that the probation order is valid. This is so even though a number of institutional, structural, and process-based considerations converge to render the order's constitutionality highly suspect. The prevailing doctrinal approach is to disaggregate the …

The Peculiar Federal Marriage Amendment, Scott Dodson

Faculty Scholarship

No abstract provided.

Two Wrongs Make A Right: Hybrid Claims Of Discrimination, Ming Hsu Chen

Faculty Scholarship

This Note reinterprets and recontextualizes the pronouncement in Employment Division v. Smith (Smith II) that exemptions from generally applicable laws will not be granted unless claims of free exercise are accompanied by the assertion of another constitutional right. It argues that when Arab American Muslims, and others who are of minority race and religion, bring claims for exemption from gen­ erally applicable laws on the basis of free exercise and equal protection principles, they ought to be able to invoke Smith Il's hybridity exception, thus meriting height­ ened judicial scrutiny and increased solicitude from courts.

Patent Law, The Federal Circuit, And The Supreme Court, A Quiet Revolution, Glynn S. Lunney Jr

Faculty Scholarship

Over the last twenty years, a quiet revolution has taken place in patent law. Traditionally, patents were rarely valid, but if valid, broadly enforced. Since Congress created the Federal Circuit in 1982 and vested it with exclusive intermediate appellate jurisdiction over patent appeals, patents have become routinely valid, but narrowly enforced. This article evaluates the economic consequences of this revolution. Focusing on the reasons for, and the costs of, uniformity in patent protection, this article shows that the revolution will tend to limit the patent system's ability to ensure the expected profitability, and hence the existence, of desirable, but high …

Symposium: The Roles Of Markets And Governments: Introduction, Andrew P. Morriss

Faculty Scholarship

In 2003-2004, the new Center for Business Law and Regulation at Case Western Reserve University School of Law sponsored four public lectures on topics related to the roles of markets and regulation in American society. The Case Western Reserve University Law Review has kindly undertaken to publish the results in this volume. These four lectures examined the role of markets and governments from four different perspectives, but all four shared a common set of insights drawn from economic reasoning.

What Federal Prosecutors Really Think: The Puzzle Of Statistical Race Disparity Versus Specific Guilt, And The Specter Of Timothy Mcveigh, Rory K. Little

Faculty Scholarship

No abstract provided.

Only Yesterday: Reflections On Rulemaking Responses To E-Discovery, Richard L. Marcus

Faculty Scholarship

No abstract provided.

The Trouble With Taxes: Fairness, Tax Policy, And The Constitution, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Tax Legislation And Democratic Discourse: The Rhetoric Of Revenue And Politics, Leo P. Martinez

Faculty Scholarship

No abstract provided.

The New Formalism: Requiem For Tiered Scrutiny?, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Elites, Identity Politics, Guns, And The Manufacture Of Legal Rights, Calvin R. Massey

Faculty Scholarship

No abstract provided.

Claims For Protection Based On Religion Or Belief: Analysis And Proposed Conclusions, Karen Musalo

Faculty Scholarship

No abstract provided.

The Bush Doctrine: Making Or Breaking Customary International Law?, Joel R. Paul

Faculty Scholarship

No abstract provided.

Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli

Faculty Scholarship

No abstract provided.

What The Supreme Court Should Do: Save Sentencing Reform, Gut The Guidelines, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

The Logic Of Legal Theory: Reflections On The Purpose And Methodology Of Jurisprudence, Aaron J. Rappaport

Faculty Scholarship

No abstract provided.

Using Mediation Techniques To Manage Conflict And Create Healthy Work Environments, Debra Gerardi

Faculty Scholarship

No abstract provided.

Curing Conflict, Debra Gerardi, Dale C. Hetzler, Virginia L. Morrison, Lorraine Sanchez Hayes

Faculty Scholarship

No abstract provided.

The Future Of American Sentencing: A National Roundtable On Blakely, Ronald J. Allen, Albert Alschuler, Douglas A. Berman, Stephanos Bibas, Frank O. Bowman Iii, Daniel P. Blank, Charles R. Breyer, Steven Chanenson, Michael R. Dreeben, Margareth Etienne, Jeffrey L. Fisher, Patrick Keenan, Joseph E. Kennedy, Nancy J. King, Susan J. Klein, Rory K. Little, Marc L. Miller, J. Bradley O'Connell, David Porter, Kevin R. Reitz, Daniel C. Richman, Kate Stith, Barbara Tombs, Richard B. Walker, Robert Weisberg, Robert F. Wright Jr., Jonathan Wroblewski, David N. Yellen

Faculty Scholarship

In the wake of the dramatic Supreme Court decision in Blakely v. Washington, Stanford Law School convened an assembly of the most eminent academic and professional sentencing experts in the country to jointly assess the meaning of the decision and its implications for federal and state sentencing reform. The event took place on October 8 and 9, just a few months after Blakely came down and the very week that the Supreme Court heard the arguments in United States v. Booker and United States v. Fanfan, the cases that will test Blakely's application to the Federal Sentencing Guidelines. Thus the …

International Decisions: Loewen Group, Inc. V. United States And Mondev International Ltd. V. United States, William S. Dodge

Faculty Scholarship

No abstract provided.

The Rule Of Lenity As A Rule Of Structure, Zachary S. Price

Faculty Scholarship

No abstract provided.