Digital Commons Network^™

Rule 10b-5 And The "Unfitness" Question, Jayne W. Barnard

Faculty Publications

No abstract provided.

The Birth Of The Authornym: Authorship, Pseudonymity, And Trademark Law, Laura A. Heymann

Faculty Publications

Consumers in the marketplace of ideas are well acquainted with one aspect of the Foucauldian concept of the "author function": the way in which an author's name serves to organize both producer inputs-the various works the author wishes to have associated with his name-and consumer inputs-the readers' interpretive reactions to any particular body of work. Indeed, choosing to write under a pseudonym or under one's true name is the way in which an author exerts control over this function by grouping certain works (for example, scholarly pieces) under one name and other works (for example, mystery novels) under a different …

Property, Aspen, And Refusals To Deal, Alan J. Meese

Faculty Publications

No abstract provided.

Unity And Pluralism In Contract Law, Nathan B. Oman

Faculty Publications

No abstract provided.

Genocide And Ethnic Cleansing: Why The Distinction? A Discussion In The Context Of Atrocities Occurring In Sudan, Linnea D. Manashaw

California Western International Law Journal

No abstract provided.

Defining Private Life Under The European Convention On Human Rights By Referring To Reasonable Expectations, H. Tomás Gómez-Arostegui

California Western International Law Journal

No abstract provided.

Vessels On The High Seas: Using A Model Flag State Compliance Agreement To Control Marine Pollution, Carmen Casado

California Western International Law Journal

No abstract provided.

Over The Virtual And Geographic Borders: Understanding Importation And Counterfeit Drugs, Bryan A. Liang, M.D., Ph.D., J.D.

California Western International Law Journal

No abstract provided.

Medication Use, Safety, And Nursing Culture: A View Of Potential Counterfeits From The Front Lines, Arlene D. Luu

California Western International Law Journal

No abstract provided.

Confusion And Contradiction: Untangling Drug Importation And Counterfeit Drugs, Tim Gilbert, Sana Halwani

California Western International Law Journal

No abstract provided.

Lockouts, Protests, And Scabs: A Critical Assessment Of The "Los Angeles Herald Examiner" Strike [Article], Bonnie Brennen

College of Communication Faculty Research and Publications

This essay uses the case of the Los Angeles Herald Examiner strike, 1967–1977, to show how a critical labor perspective offers historically grounded, politically informed, and culturally situated analyses of media practices and uses. The decade-long strike analyzed here, which has been virtually ignored by media historians, highlights the devastating economic consequences for both the newspaper and the Guild. This essay focuses on the political and cultural implications of class conflict, read through the power struggle between Los Angeles Newspaper Guild members and the Hearst-owned Herald Examiner over issues of identity, work, and economics.

Drawing The Line Between Targeting And Patronizing: How “Vulnerable” Are The Vulnerable?, Joyce M. Wolburg

College of Communication Faculty Research and Publications

Purpose – This article aims to address the nature of vulnerability and the basis for protecting certain audiences from targeted goods and services. It aims to evaluate the need for protection as well as marketers’ defense that protection merely patronizes audiences.

Design/methodology/approach – This article cites published research that offers guidelines for determining vulnerability in the marketplace and examines conclusions from a case study that argue for holding companies to have standards of both individual and collective responsibility.

Findings – Categories of vulnerability are offered, and distinctions are drawn between the vulnerable and the disadvantaged to provide a rationale for …

Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson

Faculty Scholarship

The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …

"Oh Lord, Please Don't Let Me Be Misunderstood!": Rediscovering The Mathews V. Eldridge And Penn Central Frameworks, Gary S. Lawson, Katharine Ferguson, Guillermo A. Montero

Faculty Scholarship

Mathews v. Eldridge, which addresses the procedures that must be provided for deprivations of life, liberty, or property under the Due Process Clauses, and Penn Central Transportation Co. v. City of New York, which guides inquiry into when governmental regulations rise to the level of takings of property that require just compensation, are decisions with near-canonical status. Mathews and Penn Central have some noteworthy parallels. Each decision is widely regarded as prescribing a three-factor test for resolving questions that arise under its respective domain. Each decision is almost universally decried as unworkable, incomplete, subjective, and incapable of consistent application. And …

Attractive Complexity: Tax Deregulation, The Check-The-Box Election, And The Future Of Tax Simplification, Steven A. Dean

Faculty Scholarship

Political failure has long been the scapegoat for the increasing complexity of the income tax. Over the last few decades, confusion over the meaning of the term simplification appears to have become a second important obstacle to creating simpler tax laws. Because some tax complexity is attractive to taxpayers, relying on taxpayer preferences to identify complexity and to guide simplification efforts has produced reforms and proposals that promise simplification but instead deliver pro-taxpayer deregulation that may cause more of society's resources to be devoted to paying, minimizing and collecting taxes rather than less. The check-the-box election, which provided taxpayers with …

The Value Of Institutions And The Values Of Free Speech, Dale Carpenter

Faculty Journal Articles and Book Chapters

No abstract provided.

Counsel Conflict Dilemmas In Mergers And Acquisitions, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This article analyzes an important dilemma that raises liability and ethical concerns: Attorney conflicts of interest in the specialized setting of corporate acquisitions and mergers. The ensuing discussion seeks to present a concrete analysis in conjunction with a recommended framework of attorney conflicts of interest in the publicly-held corporate acquisition context. First, the article will present a general overview of conflicts of interest for the corporate counsel. Second, these conflicts issues will be addressed in the corporate takeover setting, followed by an examination of such conflicts in parent-subsidiary mergers and leveraged buyouts in which incumbent management obtains a substantial equity …

Privacy And The Criminal Arrestee Or Suspect: In Search Of A Right, In Need Of A Rule, Sadiq Reza

Faculty Scholarship

Criminal accusation stigmatizes. Merely having been accused of a crime lasts in the public eye, damaging one's reputation and threatening current and future employment, relationships, social status, and more. But vast numbers of criminal cases are dismissed soon after arrest, and countless accusations are unfounded or unprovable. Nevertheless, police officers and prosecutors routinely name criminal accusees to the public upon arrest or suspicion, with no obligation to publicize a defendant's exoneration, or the dismissal of his case, or a decision not to file charges against him at all. Other individuals caught up in the criminal process enjoy protections against the …

Copyright Law And Subject Matter Specificity: The Case Of Computer Software, Stacey Dogan, Joseph Liu

Faculty Scholarship

Drawing on recent work by Dan Burk and Mark Lemley in the patent context, this paper explores the extent to which courts have adapted pre-existing copyright doctrines to the special case of computer software. We argue that a number of courts have, as has been widely recognized, significantly adapted copyright doctrines to deal with special features of the computer software market. We further argue that these adaptations have, by and large, positively sought to strike a balance between the copyright act's dual goals of incentive and access. Despite this general trend toward adaptation, however, we point to a handful of …

Ndsu Magazine : Fall 2005

NDSU Magazine

No abstract provided.

Ndsu Magazine : Spring 2005

NDSU Magazine

No abstract provided.

Falling On Deaf Ears: Is The "Fail-Safe" Triennial Exemption Provision In The Digital Millennium Copyright Act Effective In Protecting Fair Use?, Woodrow Hartzog

Faculty Scholarship

This Article examines whether the "fail-safe" triennial exemption provision of the DMCA is effective for its intended purpose: to serve as a countermeasure to the DMCA's anti-circumvention provisions by protecting the ability of the public to engage in non-infringing uses of copyrighted works. Ultimately, this Article concludes that there are too many faults in both the structure and the execution of the rule-making provision to meaningfully counteract the adverse effects of the anti-circumvention provisions of the DMCA. Specifically, the rule-making procedure explicitly prohibits exemptions to a class based on the use of the work. This amounts to a rejection of …

Synthesis Of Cyclopropanes Via Organoiron Methodology: Preparation Of The C9–C16 Alkenylcyclopropane Segment Of Ambruticin, Julie Lukesh, William A. Donaldson

Chemistry Faculty Research and Publications

A synthesis of the C9–C16 segment of ambruticin is described which relies on organoiron methodology to establish the 1,2,3-trisubstituted cyclopropane ring.

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbi Mcadoo, Nancy A. Welsh

Faculty Scholarship

This article will use the institutionalization of general civil mediation into the courts as a case study, with both hopeful and cautionary lessons for policy makers. This article will (1) examine the goals created for court-connected ADR; (2) assess to what extent court-connected mediation has achieved these goals, from the perspective of judges, lawyers, and parties; and (3) and propose reforms of court-connected mediation to better ensure the achievement of justice.

Signaling And Precedent In Federal District Court Opinions, Andrew P. Morriss, Michael Heise, Gregory C. Sisk

Faculty Scholarship

Standard economic analysis of judicial behavior, at least with respect to federal judges, has to some extent foundered on the apparent success of the Constitution's framers in designing an institution where almost the whole thrust of the rules governing compensation and other terms and conditions of judicial employment is to divorce judicial action from incentives. That is, the structure takes away the carrots and sticks and the different benefits and costs associated with different behaviors which inform human action in an economic model. Nonetheless, our earlier empirical work, as well as work by others, found significant associations between promotion potential …

The Trust And Distrust Of Intellectual Property Rights, Peter K. Yu

Faculty Scholarship

In the past, intellectual property issues were considered complex, obscure, and highly technical; they were only of interest and concern to intellectual property attorneys, legal scholars, technology developers, and rightsholders. Thanks to the Internet and new communications technologies, however, intellectual property has now begun to play a more significant role in society.

In December 2003, the first phase of the World Summit on the Information Society (WSIS) was held in Geneva. While the conference affirmed the importance of intellectual property rights and free access to information and knowledge, the resulting Declaration of Principles and Plan of Action fail to address …

The Status Of Detainees From The Iraq And Afghanistan Conflicts, Srividhya Ragavan, Michael S. Mireles

Faculty Scholarship

The paper is premised on the idea that the future course of international law will be impacted by the United States' ability to adhere to international treaties to which it is a signatory. Hence, the current administration bears a responsibility to avoid unwisely stretching, distorting, or avoiding the principles of international law for short-term gain in a manner that jeopardizes long-term sustainable policy. The United States should be wary of creating a dangerous precedent - not only for the world, but for itself. If the United States shirks from or misinterprets international legal principles, it leaves the forum open for …

Public Medical Malpractice Insurance: An Analysis Of State-Operated Patient Compensation Funds, Frank A. Sloan, Carrie A. Mathews, Christopher J. Conover, William M. Sage

Faculty Scholarship

Compared to major tort and insurance reforms, PCFs have received virtually no attention by scholars. With an exception or two, they are not a major focus of public policy debate either. Because they are small organizations and there have been lengthy periods in which medical malpractice markets are quiescent, they have not attracted much scrutiny. Given a lack of quantitative evidence, our evaluation depended on qualitative evidence. Yet PCFs address the fundamental issues of medical malpractice that have led to reoccurring crises in the availability of medical malpractice insurance coverage and in its premiums for such coverage. As such, PCFs …

Medical Malpractice Insurance And The Emperor's Clothes, William M. Sage

Faculty Scholarship

Tom Baker and Mark Geistfeld's contributions to this Symposium offer detailed and persuasive analyses of medical malpractice insurance. Their principal contribution to the malpractice reform debate, however, is simple: confirming that liability insurers should not be left to their own devices between malpractice crises or appeased during crisis periods. Instead, liability insurance must be consciously designed to help the health care system work toward its core goals of high quality, broad access, and affordable cost.

In 2000, the IOM issued a follow-up report to its earlier indictment of medical error, calling upon the health care system to become safe, effective, …

Lost In Translation: From U.S. Corporate Charter Competition To Issuer Choice In International Securities Regulation, Frederick Tung

Faculty Scholarship

Corporate charter competition among U.S. states has been held out as a model of welfare-enhancing regulatory competition. Proponents of this story also rely on it as a basis for promoting regulatory competition in international securities regulation. Issuer choice proponents argue that an issuer of securities should be permitted to choose the securities regulation of any nation to govern its securities offerings and trading worldwide. This Article challenges the notion that the claimed success of corporate charter competition among U.S. states argues in favor of issuer choice for international securities regulation.

Even granting the assumptions of race-to-the-top advocates and accepting the …