Digital Commons Network^™

The Profiling Of Threat Versus The Threat Of Profiling, Frank H. Wu

Faculty Scholarship

No abstract provided.

The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa

Faculty Scholarship

The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …

Gibbs V. Babbitt, Dave Owen

Faculty Scholarship

No abstract provided.

The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman

Faculty Scholarship

No abstract provided.

The Requirement Of Full-Time Faculty In American Legal Education: Responsibilities And Expectations, Mary Kay Kane

Faculty Scholarship

No abstract provided.

The Politics Of Bush V. Gore, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

The Babbitt Legacy At The Department Of The Interior: A Preliminary View, John D. Leshy

Faculty Scholarship

No abstract provided.

Water Rights For New Federal Land Conservation Programs: A Turn-Of-The-Century Evaluation, John D. Leshy

Faculty Scholarship

No abstract provided.

Shaping The Modern West: The Role Of The Executive Branch, John D. Leshy

Faculty Scholarship

No abstract provided.

Thoughts On Teaching Remedies From A Public Law Perspective, David I. Levine

Faculty Scholarship

No abstract provided.

Why A Federal Death Penalty Moratorium?, Rory K. Little

Faculty Scholarship

No abstract provided.

Good Enough For Government Work? The Tension Between Uniformity And Differing Regional Values In Administering The Federal Death Penalty, Rory K. Little

Faculty Scholarship

No abstract provided.

Law Professors As Lawyers: Consultants, Of Counsel, And The Ethics Of Self-Flagellation, Rory K. Little

Faculty Scholarship

No abstract provided.

Restrictive Covenants, Employee Training, And The Limits Of Transaction-Cost Analysis, Gillian Lester

Faculty Scholarship

Restrictive covenants are an increasingly common feature of employment, used across a wide range of industries, occupations, and employees. In its most common form, a restrictive covenant prohibits an employee from competing with the employer within a certain geographic area fora specified period of time after departure, usually one or two years. Sometimes these clauses are drawn more narrowly, proscribing specific activities such as continued dealings with former customers. Regardless of scope, the typical remedy when an employee breaches such a covenant is injunctive relief.

A substantial literature within law and economics debates the merits of restrictive covenants from an …

Foreword: The Regulation Of Derivatives And Other Complex Financial Products, Kimberly D. Krawiec

Faculty Scholarship

Foreword to a symposium issue on the regulation of derivatives and other complex financial products.

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

When Does An Unsafe Act Become A Crime?, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, Clark C. Havighurst

Faculty Scholarship

McDonald-Merrill-Ketcham Lecture

Policy Design For International Greenhouse Gas Control, Jonathan B. Wiener

Faculty Scholarship

No abstract provided.

The Fifth Black Woman, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.

Interactions At Work: Remembering David Charny, Mitu Gulati, Devon W. Carbado

Faculty Scholarship

No abstract provided.

Why The Rehnquist Court Is Wrong About The Establishment Clause, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Supreme Court Update, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

The Federalism Revolution, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Redistricting In North Carolina—A Personal Perspective, Robinson O. Everett

Faculty Scholarship

In 1992, when I filed a lawsuit attacking North Carolina's recently enacted congressional redistricting plan, my premise was that drawing a plan for a racially-defined purpose violates equal protection and for this reason and others is unconstitutional. Having now argued four appeals before the Supreme Court concerning North Carolina's redistricting, I still believe in the correctness of my original premise; but, in addition, I am concerned that districts drawn with a predominantly racial purpose tend to polarize our society, discourage the formation of multiracial coalitions, and, in the long run, to harm even those they are intended to protect. I …

Fostering Cumulative Innovation In The Biopharmaceutical Industry: The Role Of Patents And Antitrust, Arti K. Rai

Faculty Scholarship

This Article addresses the question of how the tools of patent and antitrust law can best be used to foster the cumulative process that is bio-pharmaceutical innovation. This issue is of particular moment because we have begun in recent years to see a substantial amount of vertical and horizontal integration in the biopharmaceutical industry. The Article argues that although horizontal concentration may be useful for appropriating the value of a lengthy and expensive research and development process, a role for competition needs to be preserved. In the context of the biopharmaceutical industry, broad patents, particularly on upstream invention, represent the …

Something Borrowed For Something Blue: Legal Transplants And The Evolution Of Global Environmental Law, Jonathan B. Wiener

Faculty Scholarship

This Article addresses the evolution of legal rules to govern the global environment. It traces the "borrowing" of legal ideas from national law into international law, in particular the borrowing of emissions trading and the comprehensive approach into the Rio and Kyoto climate change treaties. The Article argues that such "vertical legal borrowing" is related to, yet importantly different from, the pervasive "horizontal legal borrowing" across national legal systems that has been much studied by comparative law scholars. The Article develops both positive and normative assessments of vertical legal borrowing, arguing that it is often suppressed but increasingly essential to …

The Right To Self-Government After Bush V. Gore, Paul D. Carrington, H. Jefferson Powell

Faculty Scholarship

'Bush v. Gore' was decided a year ago. As expected, it evoked a flood of journalistic and academic commentary. The present authors write to express dissatisfaction with the resulting literature. They find it in general to be dominated by the usual political discourse conducted from opposite ends of the usual political spectrum, with both ends sharing an assumption that the Supreme Court was animated in its decision by the usual political motives that it has become conventional to see in the actions of that institution. Left almost completely out of view have been the more personal selfish motives of the …

Why The Eleventh Amendment Always Matters, Even When Transaction Costs Are Zero: A Reply To Professor Farber, Neil S. Siegel

Faculty Scholarship

No abstract provided.

Introduction To Symposium On Rampart Police Scandal: Policing The Criminal Justice System, Catherine Fisk, David W. Burcham

Faculty Scholarship

No abstract provided.