Digital Commons Network^™

Intellectual Property: Does Ip Harm Or Help Developing Countries?, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Comments On The European Commission’S Proposal For A Regulation Of The European Parliament And The Council On The Law Applicable To Contractual Obligations (Rome I), Ralf Michaels, Jürgen Basedow, Wolfgang Wurmnest

Faculty Scholarship

No abstract provided.

Race, Redistricting, And Representation, Guy-Uriel Charles

Faculty Scholarship

This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.

Book Review, Laurence R. Helfer

Faculty Scholarship

reviewing Eyal Benvenisti & Moshe Hirsch eds., The Impact of International Law on International Cooperation: Theoretical Perspectives (2004)

The Military Commissions Act, Habeas Corpus, And The Geneva Conventions, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

The Guantanamo Three Step, Joseph Blocher

Faculty Scholarship

No abstract provided.

Classified Boards And Firm Value, Michael D. Frakes

Faculty Scholarship

Classified boards constitute one of the most potent takeover defenses for U.S. firms today. However, as with takeover defenses more generally, economic theory offers an ambiguous prediction as to the effect that classified boards have on bottom-line firm value. A resolution of this ambiguity will require sound and convincing empirical methodology. In an effort to address limitations in the existing empirical literature, this article approaches the relationship between corporate governance and firm value while taking various measures to account for unobserved sources of heterogeneity across firms. Using the instrumental variables model developed by Hausman and Taylor, I find evidence of …

Graded Sparse Graphs And Matroids, Audrey Lee, Ileana Streinu, Louis Theran

Computer Science: Faculty Publications

Sparse graphs and their associated matroids play an important role in rigidity theory, where they capture the combinatorics of some families of generic minimally rigid structures. We define a new family called graded sparse graphs, arising from generically pinned bar-and-joint frameworks, and prove that they also form matroids. We also address several algorithmic problems on graded sparse graphs: Decision, Spanning, Extraction, Components, Optimization, and Extension. We sketch variations on pebble game algorithms to solve them.

On The Legal Consequences Of Sauces: Should Thomas Keller’S Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Faculty Scholarship

No abstract provided.

Introductory Remarks: The Relationship Of Law And Morality In Respect To Constitutional Law, William W. Van Alstyne

Faculty Scholarship

This article explores the consequences of a Constitution not entirely aligned with moral law. These remarks encourage all legal minds to acknowledge such gaps when they are found, although there are a variety of ways in which such acknowledgment may take shape.

The Constitution Outside The Constitution, Ernest A. Young

Faculty Scholarship

Countries lacking a single canonical text define the “constitution” to include all laws that perform the constitutive functions of creating governmental institutions and conferring rights on individuals. The British Constitution, for example, includes a variety of constitutive statutes, such as the Magna Carta and the Parliament Acts. This Article proposes a thought experiment: what if we defined the U.S. Constitution by function, rather than by form? Viewed from this perspective, “the Constitution” would include not only the canonical document but also a variety of statutes, executive materials, and practices that structure our government. What these constitutive materials lack is a …

The Law And Policy Beginnings Of Ecosystem Services, James Salzman, J.B. Ruhl

Faculty Scholarship

This article is an introduction to a symposium issue of the journal on ecosystem services. As the brief descriptions of recent developments make clear, the field has changed greatly since the late 1990s and there are a lot of exciting developments underway. With the partnership of the Journal of Land Use & Environmental Law, we thought it important to revisit the state of the field five years after the Stanford workshop. Thus we invited experts across the range of environmental law to Florida State for a two-day workshop assessing the current status of ecosystem services in environmental law. The results …

Knowledge Commons: The Case Of The Biopharmaceutical Industry, Arti K. Rai

Faculty Scholarship

No abstract provided.

Bad Nature, Bad Nurture, And Testimony Regarding Maoa And Slc6a4 Genotyping In Murder Trials, Nita A. Farahany, William Bernet, Cindy L. Vnencak-Jones, Stephen A. Montgomery

Faculty Scholarship

Recent research—in which subjects were studied longitudinally from childhood until adulthood—has started to clarify how a child’s environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question …

Beware The ‘Monological Imperatives’: Scholarly Writing For The Reader, Joan A. Magat

Faculty Scholarship

This article describes principles of effective academic writing - offered not as edicts, but as guidelines - for legal scholars in particular. The overall focus is style, but the discussion begins with observations of format. These are followed by a few stylistic principles that govern clear and effective writing. None of these principles is a revelation to the student of method or to the accomplished writer. But for the academic writer less focused on or less familiar with such principles, being aware of and practicing them can clear the fog from syntax, illuminate the writer's thesis and its development, and …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

“An Ingenious Man Enabled By Contract”: Entrepreneurship And The Rise Of Contract, Catherine Fisk

Faculty Scholarship

A legal ideology emerged in the 1870s that celebrated contract as the body of law with the particular purpose of facilitating the formation of productive exchanges that would enrich the parties to the contract and, therefore, society as a whole. Across the spectrum of intellectual property, courts used the legal fiction of implied contract, and a version of it particularly emphasizing liberty of contract, to shift control of workplace knowledge from skilled employees to firms while suggesting that the emergence of hierarchical control and loss of entrepreneurial opportunity for creative workers was consistent with the free labor ideology that dominated …

Iatrogenic Insertion Of Impression Mould Into Middle Ear And Mastoid And Its Retrieval After 9 Years: A Case Report, Mohammad Sohail Awan, Moghira Iqbal, Zakariya Imam Sardar

Department of Surgery Docs

Abstract

The magnitude of hearing loss in Pakistan is enormous. One in twelve children of Pakistan suffers from some form of hearing impairment. Many of them are unable to afford surgical procedures and resort to the use of cheap hearing aids fitted by untrained individuals or people lacking the required expertise. This predisposes the patients to significant complications during a process that is otherwise considered safe.We report the case of a child, where the process of making the mould for a hearing aid led to the perforation of the tympanic membrane and pouring of mould material into the middle ear, …

Foreign Direct Investment(Fdi) Inflows To Asean Member Countries: Problems And Prospects, Rosalina Palanca-Tan

Economics Department Faculty Publications

FDI has played an important part in the industrialization and growth experience of ASEAN countries. The growth in Gross Domestic Product (GDP) of ASEAN as a whole is strongly correlated with inflows of FDIs in the region. The share of ASEAN in global FDI inflows is disproportionately larger than its share in global GDP. About 5% of total world FDI went to ASEAN member countries during the period 1980-2005 while the region accounted for less than 2% of world GDP. This reflects the perceived attractiveness of ASEAN member countries as FDI hosts. Global firms were initially attracted by favorable conditions …

Recent Publications

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Notices

Contemporary Aesthetics (Journal Archive)

No abstract provided.

Acquired Taste, Kevin Melchionne

Contemporary Aesthetics (Journal Archive)

Acquired taste is an integral part of the cultivation of taste. In this essay, I identify acquired taste as a form of intentional belief acquisition or adaptive preference formation, distinguishing it from ordinary or discovered taste. This account of acquired taste allows for the role of self-deception in the development of taste. I discuss the value of acquired taste in the overall development of taste as well as the ways that an over-reliance on acquired taste can distort overall taste.

Art, Perception And Indeterminacy, Robert Pepperell

Contemporary Aesthetics (Journal Archive)

This article considers the phenomenon of visual indeterminacy, which occurs when the sensory data gathered from the visual system cannot be integrated with semantic knowledge. A number of examples are given, including from the author's own art work, and some results presented from a scientific study based on them. The implications for the operation of the mind and, in particular, the nature of aesthetic experience are addressed, and the distinction between the perception of visual forms and their cognitive interpretation is discussed. Arguments about the nature of aesthetic experience are then considered from some historical sources and interpreted in light …

Poetics And Maieutics: Literature And Tacit Knowledge Of Emotions, Stefán Snaevarr

Contemporary Aesthetics (Journal Archive)

The theme of this paper is the idea that imaginative literature can disclose our tacit knowledge of emotions. It this does with the aid of such devices as metaphors and similes. The kind of insight we get thanks to the disclosive power of literature is akin to that which Kjell S. Johannessen has called 'knowledge by familiarity,' Frank Palmer 'knowing what' and Charles Taylor implicitly 'the result of articulation.' I defend the theory that at least some important emotions cannot be understood (or even exist) outside of behavioral contexts and that this understanding is mainly tacit. I try to show …

Introduction, Joel R. Reidenberg

Faculty Scholarship

As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions.

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …

Predicting Corporate Governance Risk: Evidence From The Directors' & Officers' Liability Insurance Market, Tom Baker, Sean J. Griffith

Faculty Scholarship

This Article examines how liability insurers transmit and transform the content of corporate and securities law. Directors' & Officers' (D&O) liability insurers are the financiers of shareholder litigation in the American legal system, paying on behalf of the corporation and its directors and officers when shareholders sue. The ability of the law to deter corporate actors thus depends upon the insurance intermediary. How, then, do insurers transmit and transform the content of corporate and securities law in underwriting D& 0 coverage?In this Article, we report the results of an empirical study of the D&O underwriting process. Drawing upon in-depth interviews …

A Comparison Of Criminal Jury Decision Rules In Democratic Countries, Ethan J. Leib

Faculty Scholarship

This paper furnishes jury system information about the twenty-eight democracies (excluding the United States) that have been consistently democratic since at least the early 1990s and have a population of five million people or more (with allowance for Mexico and South Africa). I describe general rules that do not always apply to every crime in every context. In the United States, for example, we tend to use a randomly-selected jury of twelve people that sits for a single case; laws generally require unanimity to convict and unanimity to acquit. Failure to reach unanimity results in a “hung” jury, with the …

Adults' Perceived Prevalence Of Enteric Fever Predicts Laboratory-Validated Incidence Of Typhoid Fever In Children, Xinguang Chen, Bonita Stanton, Al Pach, Andrew Nyamete, R. Leon Ochiai, Linda Kaljee, Baiqing Dong, Dipika Sur, S.K. Bhattacharya, Siti Sapardiyah Santoso, Magdarina Agtini, Zahid Memon, Zulfiqar Ahmed Bhutta, Canh Gia Do, Lorenz Von Seidlein, John Clemens

Centre of Excellence in Women and Child Health

This study was undertaken to develop a model to predict the incidence of typhoid in children based on adults’ perception of prevalence of enteric fever in the wider community. Typhoid cases among children, aged 5-15 years, from epidemic regions in five Asian countries were confirmed with a positive Salmonella Typhi culture of the blood sample. Estimates of the prevalence of enteric fever were obtained from random samples of adults in the same study sites. Regression models were used for establishing the prediction equation. The percentages of enteric fever reported by adults and cases of typhoid incidence per 100,000, detected through …

Ensuring Continuing Community Amenities Through Golf Course Redevelopment, Patricia E. Salkin

Scholarly Works

This article examines some of the issues faced by municipalities hoping to preserve their golf courses or to ensure their strategic redevelopment and focuses on how local governments can most effectively employ planning and zoning techniques to ensure that community amenities, including affordable housing and recreational areas, are an important part of golf course redevelopment projects.