Digital Commons Network^™

Site-Specific Art Parks On Moral Ground: Distilling Old Whine In New Battles Over The Visual Artists Rights Act, Carrie Jones

Computer Law Review and Technology Journal

Having passed by unanimous vote at the Second Continental Congress, the new Constitution duly declared that "Congress shall have the power [t]o promote the Progress of Science and the useful Arts, by securing for limited Times to Authors rt]he exclusive Right to their respective Writings and Discoveries." Pursuant to that power, Congress enacted the Nation's first copyright law in 1790, intending to promote the artistic progress through a grant of exclusive monopoly for a limited time to the authors of new works. Since then, the United States has successfully urged invention and creation through the full commitment to a comprehensive …

You Can't Say That!: Enjoining Publication Of Trade Secrets Despite The First Amendment, Brooks W. Taylor

Computer Law Review and Technology Journal

Enjoining publication of trade secrets is certainly restraint of speech, but is it invalid under the First Amendment to the United States Constitution? Different courts have answered that question in different ways. Some courts have applied strict scrutiny and found preliminary injunctions against the publication of trade secrets to be unconstitutional prior restraint of free speech. Most recently, the California Supreme Court, applying intermediate scrutiny, found such an injunction against the re-publication of computer code on the Internet to be a content-neutral restraint not barred by the prior restraint doctrine.

For a number of reasons, corporations are relying increasingly on …

The Illegal Art Exhibit: Art Or Exploitation? A Look At The Fair Use Doctrine In Relation To Corporate Degenerate Art, Kimball Tyson

Computer Law Review and Technology Journal

A gas mask in the shape of Mickey Mouse's head; fake stamps with photographs of Viagra and Prozac pills that actually duped the postal system; Pez candy dispensers with dispenser heads of dead rappers such as Biggie Smalls, Tupac Shakur, and Eazy-E; a recreation of a portrait of Mao using U.S. currency; the use of the Beatle's Meet the Beatles LP cover by a musical group entitled the Residents; a series of violent, disturbing drawings featuring famous cartoon characters such as Mickey Mouse, Goofy, Barney from the Flintstones, and Bert from Bert and Ernie being hung from nooses or sprawled …

Jaffe-Campanacci Syndrome., Ammar C. Al-Rikabi, Jyothi C. Ramaswamy, Venkatraman V. Bhat

Saudi Medical Journal

This case report describes the clinical, radiological and histopathological features of the Jaffe-Campanacci syndrome as seen in a 6-year-old Qatari male patient who was initially misdiagnosed as a case of systemic neurofibromatosis. Our case has all the diagnostic stigmata of Jaffe-Campanacci syndrome as described in the literature and these include cafe au lait macules, skeletal deformities and multiple histologically confirmed non-ossifying fibromas of the long bones.

Federalism In Brazil, Keith S. Rosenn

Articles

No abstract provided.

Afterword Culture By Law: Backlash As Jurisprudence, Francisco Valdes

Articles

No abstract provided.

Afterword "We Are Now Of The View"*: Backlash Activism, Cultural Cleansing, And The Kulturkampf To Resurrect The Old Deal, Francisco Valdes

Articles

No abstract provided.

Legal Reform And Social Justice: An Introduction To Latcrit Theory, Praxis And Community, Francisco Valdes

Articles

This article provides a general overview of LatCrit theory as a genre of contemporary critical legal scholarship. LatCrit theory self-consciously does not limit itself to law or to scholars: students, activists and other interested parties from various disciplines, backgrounds and regions, help to constitute LatCrit theory as a collective enterprise in every respect. The ties that bind this fluid group together are a shared commitment to antisubordination purpose and praxis. The article begins with a brief account of the jurisprudential context for the emergence of LatCrit theory in 1995, then briefly describes the origins and evolution of this enterprise, before …

Spain Gazing: Postcolonial Aspirations, Neocolonial Systems And Postponed Reckonings - Queries From The Margins, Francisco Valdes

Articles

No abstract provided.

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.

The Constitution Glimpsed From Tule Lake, Patrick O. Gudridge

Articles

No abstract provided.

The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably

Articles

No abstract provided.

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Articles

No abstract provided.

“The Indispensable Basis Of Democracy”: American Catholicism, The Church-State Debate, And The Soul Of American Liberalism, 1920–1929, Zachary R. Calo

Scholarly Works

Several recent works of scholarship explore how Establishment Clause jurisprudence has been shaped by broader political debates over the role of religion in public life. This literature focuses on the politics of anti-Catholicism, particularly during the early years of Establishment Clause jurisprudence in the1940s and 1950s. While not questioning the centrality of this period to the historical narrative, this Note argues that the political contest over church and state took shape in an earlier debate over the compatibility of Catholicism and the Constitution during the 1920s. The Church’s response to the anti-Catholicism of this period was of particular importance. Catholic …

Discussion: A Focus On Federalism, Jeffrey B. Morris

Scholarly Works

No abstract provided.

Terrorist Speech And The Future Of Free Expression, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

The crucial point is this: Both liberal, democratic states, and non-state terrorist organizations need free speech. Prominent scholars have written elegantly and at length on the role of this liberty for the former. While their arguments surface at times in the text, the author does not dwell on them. Instead, she wrestles with the question: Under what circumstances are the interests of the state secured and the opportunism of terrorist organizations avoided? Here, the experiences of the United States and United Kingdom prove instructive. On both sides of the Atlantic, where the state acts as sovereign, efforts to restrict persuasive …

Self-Determination In International Mediation: Some Preliminary Reflections , Jacqueline Nolan-Haley

Faculty Scholarship

Few concepts have generated as much discussion in the post-war international legal system as that of “self-determination.” Scholars debate the proper identity of the "selves" endowed with this right, its boundaries, and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components, and is noticeably different in the private and public sectors. The generic concept of self-determination relates to ideas of democratic governance and the Enlightenment belief that legitimate government depends upon the consent of the governed. As adapted to private mediation theory, the right of …

Historical Roots Of Regional Sentencing Variation, The Symposium, Ian Weinstein

Faculty Scholarship

I am a law professor and a criminal defense lawyer, not a historian. It is with some trepidation that I stand before you to suggest that our very persistent regional sentencing variations have roots in the political struggles of Reformation England and the cultures of the subgroups that populated the first American colonies. I rely upon others for the historical proof, as you will see, but I think I do have standing to argue to you that we should consider whether or not there is room, even in federal sentencing, to account for deeply embedded regional variations in our basic …

Representing Children In Families, Bruce A. Green, Annette R. Appell

Faculty Scholarship

No abstract provided.

Supermajoritarianism And The American Criminal Jury, Ethan J. Leib

Faculty Scholarship

I argue in this article that supermajority decision rules would be more appropriate than unanimity or majority rule for criminal jury convictions and that majority decision rules would be more appropriate than either unanimity or supermajoritarian rules for acquittals. I first summarize some of the advantages and disadvantages of various decision rules as a matter of general democratic theory. I next outline the arguments made for various decision rules in the context of the criminal jury. Finally, I offer an argument for supermajoritarian requirements for conviction rooted in our general constitutional commitment to supermajoritarianism. I present a coherentist account for …

Changes In Beliefs Identify Unblinding In Randomized Controlled Trials: A Method To Meet Consort Guidelines, Judy R. Rees, Timothy J. Wade, Deborah A. Levy, John M. Colford, Joan F. Hilton

Journal Articles: Epidemiology

Double-blinded trials are often considered the gold standard for research, but significant bias may result from unblinding of participants and investigators. Although the CONSORT guidelines discuss the importance of reporting "evidence that blinding was successful", it is unclear what constitutes appropriate evidence. Among studies reporting methods to evaluate blinding effectiveness, many have compared groups with respect to the proportions correctly identifying their intervention at the end of the trial. Instead, we reasoned that participants' beliefs, and not their correctness, are more directly associated with potential bias, especially in relation to self-reported health outcomes. During the Water Evaluation Trial performed in …

New Business Entities In Evolutionary Perspective, Henry Hansmann, Reiner Kraakman, Richard Squire

Faculty Scholarship

The new types of business forms that have developed over the past thirty years all combine the freedom of contracting that is traditional to the partnership with the pattern of creditors' rights that is traditional to the business corporation. Legal scholars differ on the issue of whether these new business forms are more partnership-like or corporation-like. Those taking the partnership-like view argue that the degree of freedom of contract is the essential difference between the traditional corporation and partnership forms, while those adhering to the corporation-like view argue that the pattern of creditors' rights is the essential difference. The authors …

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice The Nuremberg Trials: A Reappraisal And Their Legacy, Thane Rosenbaum

Faculty Scholarship

Moral justice is an illusion, a pipe dream of the pious, a fantasy of the just, nothing more than a mere myth for the rest of us. It is a mirage of civilized society, something we can envision but seldom receive, a lure that is painfully alluring but ultimately ungraspable.

Loss, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Within Republican political circles, numerous state legislatures, and even the U.S. Congress, advocating caps on "noneconomic" damages in tort suits is in vogue, as part of the ongoing politics of "tort reform." Yet, the distinction between "economic" and "noneconomic" damages is nonsensical. It does not originate in the discipline of economics, but seems instead to be purely a rhetorical invention of those who wish to limit damages by any means politically possible. But law reform based on sheer rhetoric should be shunned; unprincipled rhetoric is no substitute for justificatory reasons, and to make laws without reasons exemplifies arbitrariness and injustice. …

Altmann V. Austria And The Retroactivity Of The Foreign Sovereign Immunities Act, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

In Republic of Austria v. Altmann, the U.S. Supreme Court decided that the Foreign Sovereign Immunities Act of 1976 (FSIA) generally applies to claims based on events that occurred before the Statute's enactment. To decide the retroactivity question, the Court had occasion to consider the essential nature of foreign sovereign immunity: is it merely a procedural immunity providing foreign states with present protection from the inconvenience and indignity of a lawsuit, or is it something more than that? The Court's examination of this question was brief and unsatisfying. Its analysis would have been enriched by a recognition that foreign …

Refugee Protection In The United States Post-September 11, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

The U.S. refugee resettlement program, was the first refugee protection casualty of the terrorist attacks. American officials perceived resettlement as being particularly vulnerable to security problems. That was not the case with the other major U.S. refugee protection program, the asylum system. That system was effectively revamped in 1995 to address a variety of abuses, in part connected to individuals involved in the 1993 World Trade Center bombing. Yet, even though official attention did not focus on asylum, subtle, significant changes have occurred. This article delineates and assesses these changes by closely examining data and developments at all levels of …

Claim Re-Construction: The Doctrine Of Equivalents In The Post-Markman Era, John R. Thomas

Georgetown Law Faculty Publications and Other Works

In the post-Markman era, the Federal Circuit has focused attention on the public notice function of patent claims in equivalents cases, and it has come to emphasize precision and accuracy in claim drafting. This Article argues that recent judicial emphasis on the public notice function of patent claims is an inappropriate innovation policy. The demand for highly refined patent claims increases patent acquisition expenditures that are unlikely to increase social welfare, cause patent rights to be distributed unevenly, and are inconsistent with the structural features of the patent system. This Article presents two mechanisms to accommodate the doctrine of equivalents …

Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning

Georgetown Law Faculty Publications and Other Works

This Article seeks to identify an attorney-child framework that will (1) give substantive meaning to the child's constitutional right to counsel in delinquency cases, (2) satisfy the ethical mandates of the Model Rules of Professional Conduct, (3) have the flexibility to accommodate cognitive limitations while enhancing the decisionmaking capacity of children and adolescents, and (4) engage parents in various aspects of the delinquency case without compromising the sanctity of the attorney-client relationship or sacrificing the fundamental rights, dignity, and autonomy of the child client.

Community Self Help, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

This paper advocates controlling crime through a greater emphasis on precautions taken not by individuals, but by communities. The dominant battles in the literature today posit two central competing models of crime control. In one, the standard policing model, the government is responsible for the variety of acts that are necessary to deter and prosecute criminal acts. In the other, private self-help, public law enforcement is largely supplanted by providing incentives to individuals to self-protect against crime. There are any number of nuances and complications in each of these competing stories, but the literature buys into this binary matrix.

Controlling Executive Power In The War On Terrorism, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

How does - or should - the U.S. Constitution regulate the exercise of power in response to threats to national security, to ensure that power is used wisely? s Broadly speaking, two mechanisms of control are available: a separation-of-powers mechanism and a judicial-review mechanism. Both mechanisms aim to ensure that the national government exercises its power responsibly - with sufficient vigor to meet the nation's challenges, but without intruding on protected liberties. Under the separation-of-powers mechanism, nearly all of the work of regulating power is done by the principle that the President can do only what Congress authorizes. Its primary …