Law Commons^™

Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green

Ben Kleinman-Green

In this paper I look at markets for luxury goods and begin exploring the interplay among trademark law, antitrust law, luxury goods, and copies of luxuries. In the absence of empirical data and economic theories directly on point, I informally extend a model of luxury markets to account for copies of luxury goods and then look to trademark law cases for indications of how courts might evaluate luxury markets in an antitrust context.

The Fire Next Time: Land Use Planning In The Wildland/Urban Interface, Jamison E. Colburn

Jamison E. Colburn

Wildfire is a growing threat to suburban and exurban communities, in part because fires have grown more severe and frequent as a result of land use and climatic influences and in part because more people are living in fire prone areas. The so-called Healthy Forest Restoration Act (HFRA), the federal government’s response to this crisis, is a deeply flawed statute that will likely exacerbate wildfire risks at the same time it makes real ecological restoration even harder. While HFRA took halting, partial steps toward the integration of broad and small scale land use planning, it was clearly still the outgrowth …

Climate Change And Freshwater Resources, Noah D. Hall, Bret B. Stuntz, Robert H. Abrams

Noah D Hall

The Earth’s climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater …

Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen

Ronald F. Wright

The charges filed at the start of a criminal case often move down to less serious charges that form the basis for a guilty plea and conviction. In this symposium essay, we build on our earlier work on charge movement based on data from North Carolina. After noting that charges move at different rates for different crimes, we explain the differences among crimes by looking to the structure of the substantive criminal law. Groups of crimes that offer deeper options to the negotiators (such as the many versions of assault) produce more frequent charge movement.

Assuming that the structure of …

Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article shall use the experience of the Quebecois in Canada to survey the linkage between cultural formation and race in Quebecois racial identity, and then map out these linkages and their relations to the political and legal discourse that has emerged in Canada on the place of the Quebecois in the country. Cultural formation and racial formation are unmistakably linked. Specific social and linguistic separatism can over time crystallize into racial formation, especially if aided by official government recognition and legal codification. As this Article shall demonstrate, the verification of this idea can be clearly seen the experience of …

Climate Change And Carbon Sequestration: Assessing A Liability Regime For Long-Term Storage Of Carbon Dioxide, Alexandra B. Klass, Elizabeth J. Wilson

Alexandra B. Klass

As the nation struggles with how to address climate change, one of the most significant questions is how to reduce increasing levels of carbon dioxide in the atmosphere. One promising technology is carbon capture and sequestration (“CCS”), which consists of capturing carbon dioxide emissions from power plants and industrial sources and sequestering them in deep geologic formations for long periods of time. Areas for potential CO2 sequestration include oil and gas fields, saline aquifers, and coal seams. As Congress and the private sector begin to spend billions of dollars to research and deploy this technology, there has been insufficient attention …

Administrative And Punitive Isolation Of Children In Jails And Prisons: Cruel, Unusual, And Awaiting Condemnation, Ben Kleinman

Ben Kleinman-Green

This article applies our emerging understanding of how children mature into adults to the question of whether it is acceptable to subject children to isolation regimes in jails and prisons just as we do fully developed adults. I hope to shed light on the legal questions raised by the impact isolation has on the development of child inmates.