Digital Commons Network^™

Which Torts In Violation Of The Law Of Nations?, William S. Dodge

Faculty Scholarship

No abstract provided.

Legal Systems In Distress: Hiv-Contaminated Blood, Path Dependency And Legal Change, Ugo Mattei

Faculty Scholarship

No abstract provided.

Comparative Law And Economics: Borrowing And Resistance, Ugo Mattei, Alberto Monti

Faculty Scholarship

No abstract provided.

Basic Issues Of Private Law Codification In Europe: Trust, Ugo Mattei

Faculty Scholarship

No abstract provided.

Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi

Faculty Scholarship

No abstract provided.

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi

Faculty Scholarship

No abstract provided.

U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena

Faculty Scholarship

No abstract provided.

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard, Michele Taruffo, Rolf Sturner, Antonio Gidi

Faculty Scholarship

No abstract provided.

International Decisions: Metalclad Corp. V. Mexico And Mexico V. Metalclad Corp., William S. Dodge

Faculty Scholarship

No abstract provided.

Berne Without Borders: Geographic Indiscretion And Digital Communications, Jane C. Ginsburg

Faculty Scholarship

This lecture examines the role of borders in the Berne Convention at the time of the treaty's first passage in 1886, and today. The later 19th century was an era of increasing commerce and communication among countries whose domestic production and reproduction of works of authorship had vastly increased, thanks in part to new technologies, such as photography, lithography, and high-speed printing. But at that time, the frontiers between nations often frustrated authors' hopes for control over, or at least compensation for, the international exploitation of their works. Authors' rights ceased at their national boundaries; the world beyond foreboded not …

Globalization And Cross-Border Litigation,, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Disclosure Norms, Eric L. Talley

Faculty Scholarship

The purpose of this Article is to interrogate the relationship between judicial error and extralegal norms more formally, focusing particularly on typical corporate disclosure contexts. In so doing, I shall argue that this relationship is far less clear-cut than much of the literature suggests. Using a formal, game-theoretic model of information disclosure, I demonstrate that in the presence of judicial error, a society that benefits from extralegal norms of honest disclosure might ironically favor more expansive legal regulation than would a similarly situated society in which norms are weak or nonexistent. Thus, in contrast to the common argument that norms …

Los Requistos Del Claustro De Profesores A Jornada Completa En La Enseñanza Legal Americana: Responsabilidad Y Expectativas, Mary Kay Kane

Faculty Scholarship

No abstract provided.

William Warren, Lance Liebman

Faculty Scholarship

Don Rapson, then graduating from Columbia Law School and preferring not to be a foot-soldier in Korea, went to Dean Warren. The Dean said: "Go to General X in the Pentagon, tell him I sent you, and he will hire you as an Army lawyer." Don went to the Pentagon (it was probably easier to stroll in fifty years ago). The General said: "I never heard of Dean Warren." But after a lively talk Don was hired and supplied good professional service to his country.

Unemployment Insurance And Wealth Redistribution, Gillian Lester

Faculty Scholarship

This Article evaluates the merit of liberalizing unemployment insurance eligibility as a means to achieve progressive wealth redistribution-an idea that has recently gained popularity among policymakers and legal scholars. Unemployment insurance (UI) provides temporary, partial wage replacement to workers who suffer unexpected job loss, but it tends to exclude workers who have very low wages or hours of work, or who quit for reasons considered "personal" (for example, to accommodate family demands). Professor Lester argues that while redistribution to workers who are poor or who have caregiving obligations is a desirable goal, expanding UI is a poor way to do …

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.

Piercing The Veil: William J. Brennan's Account Of Regents Of The University Of California V. Bakke, Lee Epstein, Jack Knight

Faculty Scholarship

No abstract provided.

William Wirt & The Invention Of The Public Lawyer, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Risk, Death And Time: A Comment On Judge Williams’ Defense Of Cost-Benefit Analysis, Matthew D. Adler

Faculty Scholarship

No abstract provided.

Expression And Appearance: A Comment On Hellman, Matthew D. Adler

Faculty Scholarship

Response to, Deborah Hellman, Judging by Appearances: Professional Ethics, Expressive Government, and the Moral Significance of How Things Seem, 60 Maryland Law Review 653 (2001).

Remedying Racial Profiling, Brandon L. Garrett

Faculty Scholarship

No abstract provided.

Law And Military Interventions: Preserving Humanitarian Values In 21st Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Institutionalizing Constitutional Interpretation, Jack Knight

Faculty Scholarship

When a constituent assembly or other constitution-making body convenes in order to draft a constitution, the members of that assembly face a complex task. Their main goal is to agree on a constitution that will serve as the basis for a government for the present and, presumably, future generations. The constitution must establish a framework for the administration of government as well as enumerate the principles that will govern the relationship between the government and the citizenry. This is essentially a process of creating political institutions that will structure the behavior of the members of that society, a set of …

International Dispute Settlement At The Trademark-Domain Name Interface, Laurence R. Helfer

Faculty Scholarship

This essay identifies some of the emerging legal issues relating to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), a new anational online dispute settlement system established by a private, non-profit corporation, the Internet Corporation for Assigned Names and Numbers in late 1999.

The UDRP creates a fast and inexpensive mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. The UDRP is worthy of serious study for at least two reasons. First and foremost, the process by which the UDRP was created, …

Designing Non-National Systems: The Case Of The Uniform Domain Name Dispute Resolution Policy, Laurence R. Helfer, Graeme B. Dinwoodie

Faculty Scholarship

The article critically assesses the Uniform Domain Name Dispute Resolution Policy (UDRP) as a potential model for solving the immense legal challenges presented by transborder activity. Inaugurated in late 1999 by the Internet Corporation for Assigned Names and Numbers (ICANN), the UDRP creates a fast, inexpensive online mechanism for trademark owners to recapture domain names held by persons who, in bad faith, register and use domain names that are confusingly similar to those marks. At present, the UDRP applies only to a narrow segment of disputes between trademark owners and domain name registrants. But the UDRP has been heralded by …

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

Essays In Distribution Channel Management Under Demand Uncertainty, Rakesh Kumar Niraj

Faculty Scholarship

This dissertation deals with issues that arise in distribution channel management where channel partners face uncertain environments. The two essays address two related but slightly different ways channel partners often interact in environments characterized by uncertain demand. In the first essay, I look at voluntary information sharing arrangements between distribution channel partners, like those in the Category Management initiative in food retailing, in two different settings. The results from a simple bilateral monopoly channel indicate an asymmetry in retailer's and manufacturer's incentives to enter such information-sharing alliances. Only relatively sophisticated retailers find it profitable to enter such alliances, while manufacturers …

European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

Privatizing “Outsider Trading”, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.