Law Commons^™

Does 'Poetry' Have A Place In A Criminal Trial?, Timothy O'Neill

Timothy P. O'Neill

Half Full Or Half Empty?: The Hong Kong Wto Ministerial Conference Has Delivered An Interim Deal For The Doha Round Negotiation, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Devising New Labels For Men And Women In Robes, Timothy O'Neill

Timothy P. O'Neill

Fair Use And Copyright Protection: A Price Theory Explanation , Ben Depoorter, Francesco Parisi

Ben Depoorter

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly eliminating the need for the fair use doctrines that were developed to allow limited use of copyrighted material in situations where the transaction costs of securing authorized use would be prohibitive. According to this emerging view, in an ideal world with no contracting costs, third party use of copyrighted material could realistically only take place with the express consent of the copyright holder. This would give the author absolute power to dispose of his work, including the right to veto uses, without the possibility of …

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …

Gender Equity In Intercollegiate Athletics: Where Does Pennsylvania Stand?, David Cohen

David S Cohen

No abstract provided.

Drop Down? Drop Dead! Excess Insurers Not Required To Provide Primary Coverage In Lieu Of An Insolvent Insurer, Daniel Austin

Daniel A. Austin

Courts have consistently ruled that excess insurers are not required to provide "drop-down" coverage to pay for losses sustained by policyholders in cases where (a) the primary underlying insurer is insolvent and unable to pay or (b) the policyholder itself is in bankruptcy and is unable or unwilling to pay the deductible or self-insured retention amount. Why do so many insured parties seem to have missed the message and still seek to have their excess carriers provide drop-down coverage? This article will examine the issue by looking at several cases.

Developing Partnerships Between Law Enforcement And American Muslim, Arab, And Sikh Communities: The Greater Boston Experience Follow Up Case Study, Debbie Ramirez, Sasha O'Connell, Rabia Zafar

Deborah A. Ramirez

No abstract provided.

Courts Locking Selves In On Search And Seizure, Timothy O'Neill

Timothy P. O'Neill

Awarding Damages Under The United Nations Convention On The International Sale Of Goods: A Matter Of Interpretation, John Gotanda

John Y Gotanda

This article seeks to further a great aspiration of international law, providing a uniform set of rules governing trade. To this end, it offers a new method of interpreting the United Nations Convention on the International Sale of Goods that would foster greater uniformity among decisions calculating damages.

Claims for damages in transnational contract disputes often involve millions of dollars. While the Convention provides for the awarding of damages, the relevant articles set forth only the most basic framework for calculating damages. To resolve unsettled issues concerning the calculation of damages, courts and tribunals have turned to domestic rules, instead …

Unconstitutional Constitution Day, Kent Greenfield

Kent Greenfield

No abstract provided.

Going Courting: How Same-Sex Marriage Opponents Came To Love The Courts, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

State Search-And-Seizure Law Gets A Makeover, Timothy O'Neill

Timothy P. O'Neill

Modeling Facts, Culture, And Cognition In The Gun Debate, Donald Braman, Dan Kahan, James Grimmelmann

James Grimmelmann

Can empirical data generate consensus about how to regulate firearms? If so, under what conditions? Previously, we presented evidence that individuals' cultural worldviews explain their positions on gun control more powerfully than any other fact about them, including their race or gender, the type of community or region of the country they live in, and even their political ideology or party affiliation. On this basis, we inferred that culture is prior to facts in the gun debate: empirical data can be expected to persaude individuals to change their view on gun policies only after those individuals come to see those …

Double Jeopardy And Multiple Punishment: Cutting The Gordian Knot, Anne Poulin

Anne Poulin

Courts and commentators treat as axiomatic that the Double Jeopardy Clause protects against multiple punishment as well as reprosecution after acquittal and reprosecution after conviction. They struggle to define a double jeopardy jurisprudence that accommodates all three. By applying the same rules to both multiple punishment and successive prosecution, they undermine core double jeopardy protection. When a defendant claims multiple punishment, legislative will governs, and fragmentation of offenses is acceptable. Successive prosecution claims warrant greater protection. However, because courts apply the same rules to both issues, they inject legislative deference into successive prosecution analysis, reducing double jeopardy protection. Instead, protection …

The Future Of Public Health: What Will It Take To Keep Americans Healthy And Safe?, Robert Field

Robert I. Field

No abstract provided.

A Ruling's Message: Break The Ties That Bind, Timothy O'Neill

Timothy P. O'Neill

Review Of Catharine A. Mackinnon, Women’S Lives, Men’S Laws, Rose Corrigan

Rose Corrigan

No abstract provided.

Brave New World: U.S. Responses To The Rise In International Crime--An Overview (Symposium)., John Murphy

John F. Murphy

No abstract provided.

"Is There Anything Outside The Class? Law, Literature, And Pedagogy," "The Failure Of The Word And The Rise Of Law And Literature" Symposium, Penelope Pether

Penelope J Pether

No abstract provided.

On The Sources Of Islamic Law And Practices, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.

The Troubled Status Of Wto Doha Round Negotiations, Sungjoon Cho

Sungjoon Cho

No abstract provided.

Sociotechnical Arguments In Scientific Discourse: Expert Depositions In Tobacco Litigation, David Caudill

David S Caudill

No abstract provided.

Court Recognizes Separate Species, Timothy O'Neill

Timothy P. O'Neill

Eyes Wide Shut: Erasing Women's Experience, From The Clinic To The Courtroom, Marybeth Herald, Ellen Waldman

Marybeth Herald

n his decade long exploration of female sexuality, Sigmund Freud professed to be on a mission to answer the elusive question, what do women want. Unfortunately, the 19th century psychiatrist was unable to separate that question from the one he ultimately answered, What do men want women to want? In some sense, Freud's inquiries provide an apt metaphor for the medical professions' stance toward female experience. When confronted with the difference presented by the female body as well as women's unique life experience, the medical field has responded with approaches that range from bemusement to hostility to intense indifference.

Although …

Fourth Amendment Analysis Deserves Subtlety, Timothy O'Neill

Timothy P. O'Neill

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.

Rethinking Wolfenden: Prostitute-Use, Criminal Law, And Remote Harm, Michelle Dempsey

Michelle Madden Dempsey

This article critiques the Wolfenden Committee's conclusion that criminalising prostitute-use is inconsistent with the liberal harm principle. Section one evaluates recent empirical evidence challenging Wolfenden's assumptions regarding prostitution. Section two analyses the use of forced-prostitutes as a direct harm offence of rape. Section three presents a new approach to criminalising the conduct of prostitute-users, and sketches a prima facie case in favour of criminalising solicitation for prostitute-use as an abstract endangerment offence.

Are These Victims Worthy?, Erik Ugland, Karen Slattery

Erik Ugland

No abstract provided.

Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper

Danielle Ireland-Piper

The Takeovers Panel in Australia has issued a final version of Guidance Note 7 on lock-up devices, says Baker & McKenzie. Essentially, GN7 states that while lock-up devices are not inappropriate per se, the panel is concerned to ensure that transactions take place in an efficient, competitive and informed market.