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Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky Jan 2002

Balancing Copyright Protections And Freedom Of Speech: Why The Copyright Extension Act Is Unconstitutional, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu Jan 2002

Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu

Faculty Scholarship

No abstract provided.


Military Commissions And The War On Terrorism, Christopher H. Schroeder Jan 2002

Military Commissions And The War On Terrorism, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.


Judicial Activism And Conservative Politics, Ernest A. Young Jan 2002

Judicial Activism And Conservative Politics, Ernest A. Young

Faculty Scholarship

No abstract provided.


Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai Jan 2002

Specialized Trial Courts: Concentrating Expertise On Fact, Arti K. Rai

Faculty Scholarship

In the absence of a specialized patent trial court with expertise in fact-finding, the Court of Appeals for the Federal Circuit often reviews de novo the many factual questions that pervade patent law. De novo review of fact by an appellate court is problematic. In the area of patent law, as in other areas of law, there are sound institutional justifications for the conventional division of labor that gives trial courts primary responsibility for questions of law. This Article identifies the problems created by de novo appellate review of fact and argues for the creation of a specialized trial court …


To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne Jan 2002

To What Extent Does The Power Of Government To Determine The Boundaries And Conditions Of Lawful Commerce Permit Government To Declare Who May Advertise And Who May Not?, William W. Van Alstyne

Faculty Scholarship

No abstract provided.


Book Review, Matthew D. Adler Jan 2002

Book Review, Matthew D. Adler

Faculty Scholarship

No abstract provided.


Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown Jan 2002

Tort Reform And The Medical Liability Insurance Crisis In Mississippi: Diagnosing The Disease And Prescribing A Remedy, Neil Vidmar, Leigh Anne Brown

Faculty Scholarship

No abstract provided.


Canadian Armed Forces Under United States Command, Michael Byers Jan 2002

Canadian Armed Forces Under United States Command, Michael Byers

Faculty Scholarship

No abstract provided.


Lobbying And Information In Politics, John M. De Figueiredo Jan 2002

Lobbying And Information In Politics, John M. De Figueiredo

Faculty Scholarship

No abstract provided.


The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr. Jan 2002

The Allocation Of Resources By Interest Groups: Lobbying, Litigation And Administrative Regulation, John M. De Figueiredo, Rui J.P. De Figueiredo Jr.

Faculty Scholarship

One of the central concerns about American policy making institutions is the degree to which political outcomes can be influenced by interested parties. While the literature on interest group strategies in particular institutions - legislative, administrative, and legal - is extensive, there is very little scholarship which examines how the interdependencies between institutions affects the strategies of groups. In this paper we examine in a formal theoretical model how the opportunity to litigate administrative rulemaking in the courts affects the lobbying strategies of competing interest groups at the rulemaking stage. Using a resource-based view of group activity, we develop a …


Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar Jan 2002

Case Studies Of Pre- And Mid-Trial Prejudice In Criminal And Civil Litigation, Neil Vidmar

Faculty Scholarship

This article presents a number of case studies involving pre- and mid-trial prejudice in criminal and civil litigation. The cases reveal deficiencies in the way that prejudicial publicity has been conceptualized and operationalized in many simulation experiments. The studies reveal that potential juror prejudices that concern lawyers and judges involve more than just main effects of mass media. Pre- and mid-trial prejudice also involves more general prejudices, gossip and rumor, the assertion of community normative values about justice, and conformity pressures. Four categories of prejudice recognized in American law are described and labeled: interest, specific, generic and conformity prejudice. The …


Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky Jan 2002

Restrictions On The Speech Of Judicial Candidates Are Unconstitutional: A Reply To Professor O’Neil, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai Jan 2002

Pharmacogenetic Interventions, Orphan Groups, And Distributive Justice: The Role Of Cost-Benefit Analysis, Arti K. Rai

Faculty Scholarship

No abstract provided.


Designing Global Climate Regulation, Jonathan B. Wiener Jan 2002

Designing Global Climate Regulation, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.


What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati Jan 2002

What Are Larry’S Criteria For Good Corporate Law?, Mitu Gulati

Faculty Scholarship

No abstract provided.


Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long Jan 2002

Selecting Pennsylvania Judges In The Twenty-First Century, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.


Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington Jan 2002

Self-Deregulation, The “National Policy” Of The Supreme Court, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer Jan 2002

Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer

Faculty Scholarship

This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …


Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer Jan 2002

Income Distribution Dynamics With Endogenous Fertility, Daniel L. Chen, Michael Kremer

Faculty Scholarship

Developing countries with highly unequal income distributions, such as Brazil or South Africa, face an uphill battle in reducing inequality. Educated workers in these countries have a much lower birth rate than uneducated workers. Assuming children of educated workers are more likely to become educated, this fertility differential increaases the proportion of unskilled workers, reducing their wages, and thus their opportunity cost of having children, creating a vicious cycle. A model incorporating this effect generates multiple stedy-state levels of inequality, suggesting that in some circumstances, temporarily increasing access to educational opportunities could permanently reduce inequality. Empirical evidence suggests that the …


Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld Jan 2002

Community Development: A New Tool For Strengthening Urban Neighborhoods, Brenda Bratton Blom, Robert B. Inerfeld

Faculty Scholarship

No abstract provided.


Deconstructing The Slums Of Baltimore, Garrett Power Jan 2002

Deconstructing The Slums Of Baltimore, Garrett Power

Faculty Scholarship

No abstract provided.


Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster Jan 2002

Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster

Faculty Scholarship

Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …


Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno Jan 2002

Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno

Faculty Scholarship

This Article confronts this clash between legal and scientific perspectives on consciousness by proposing new ways to structure the voluntary act requirement so that it incorporates the insights of modern science on the human mind. Part I examines the criminal law's voluntary act requirement, particularly in the context of the MPC's influential provision, which reflects the law and psychology of the era in which the MPC was originally developed--the 1950s. Part II analyzes the new science of “consciousness,” a term that typically refers to the sum of a person's thoughts, feelings, and sensations, as well as the everyday circumstances and …


Pioneering The Lens Of Comparative Race Relations In Law: A. Leon Higginbotham, Jr. As A Model Of Scholarly Activism Symposium: Race, Values, And The American Legal Process - A Tribute To A. Leon Higginbotham, Jr., Tanya K. Hernandez Jan 2002

Pioneering The Lens Of Comparative Race Relations In Law: A. Leon Higginbotham, Jr. As A Model Of Scholarly Activism Symposium: Race, Values, And The American Legal Process - A Tribute To A. Leon Higginbotham, Jr., Tanya K. Hernandez

Faculty Scholarship

Judge A. Leon Higginbotham, Jr.'s scholarly legacy is one that continues to provide guidance for civil rights activism in the American legal process today. While the Judge's work as a legal scholar is justifiably lauded for its significant contribution to the development of a legal history of slavery and its consequences in the United States, his work also serves another significant role for legal scholars. I refer to Judge Higginbotham's pioneering use of comparative race relations in legal scholarship. In his examination of the South African racial context, the Judge methodically demonstrated the commonalities between the United States and South …


Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez Jan 2002

Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez

Faculty Scholarship

Studies consistently demonstrate that the act of judging is influenced by judges personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies.' In addition, research on the U.S. chief justice's distribution of opinion assignments also suggests that ideology plays a role inasmuch as those justices whose preferences are more closely aligned with the chief justice will be assigned to author opinions. Furthermore, empirical research indicates that the influence of ideology on judges also extends to federal appellate court judges in race relations …


Bush V. Gore As An Equal Protection Case, Richard Briffault Jan 2002

Bush V. Gore As An Equal Protection Case, Richard Briffault

Faculty Scholarship

In Bush v. Gore, the United States Supreme Court applied the Equal Protection Clause to the mechanics of state election administration. The Court invalidated the manual recount of the so-called undervote – that is, ballots that vote-counting machinery had found contained no indication of a vote for President – which the Florida Supreme Court had ordered to determine the winner of Florida's vote for presidential electors in the 2000 presidential election. The United States Supreme Court reasoned that the principles it had previously articulated in applying the Equal Protection Clause to the vote were violated by the Florida court's …


The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher Jan 2002

The Storrs Lectures: Liberals And Romantics At War: The Problem Of Collective Guilt, George P. Fletcher

Faculty Scholarship

Somehow we in the West thought the age of war was behind us. After nuking Hiroshima, after napalming Vietnam, we had only distaste for the idea and the practice of war. The thought of dying for a noble cause, the pursuit of honor in the name of patria, brotherhood in arms – none of this appealed to us anymore. "I hate war and so does Eleanor," opined FDR in the oft-repeated lyrics of Pete Seeger. War became a subject for ironic disdain. As Tom Lehrer caught the mood of the 1960s: "We only want the world to know that …


Webwatch—Legal Self-Help, Pat Newcombe Jan 2002

Webwatch—Legal Self-Help, Pat Newcombe

Faculty Scholarship

No abstract provided.


Deep-Water Oculina Coral Reefs Of Florida: Biology, Impacts And Management, John K. Reed Jan 2002

Deep-Water Oculina Coral Reefs Of Florida: Biology, Impacts And Management, John K. Reed

Faculty Scholarship

Deep-water Oculina coral reefs, which are similar in structure and development to deep-water Lophelia reefs, stretch over 167 km (90 nmi) at depths of 70–100 m along the eastern Florida shelf of the United States. These consist of numerous pinnacles and ridges, 3–35 m in height. Coral growth rates average 16.1 mm yr−1 and biodiversity is very rich. Extensive areas of Oculina rubble may be due to human impacts (e.g. fish trawling and dredging, anchoring, bottom longlines) and natural processes such as bioerosion and episodic die-off. Early in the 1970s, the reefs were teeming with fish. By the early 1990s, …