Law Commons^™

Forecast For The Future: Emerging Legal Technologies, Carol A. Watson

Carol A. Watson

Begins by discussing technologies that are currently available on the web that can reduce office overhead. Also highlights current general technology trends and still-developing technologies. Concludes with a list of frivolous gadgets to provide food for thought about the coming prospects of technology.

The Feud Between The Queen And The Diva: How A Property Dispute Underscores The Relevance Of A South Beach Gay Bar, Justin Karr

Justin Karr

The article recounts how the gay community was instrumental in the economic and cultural revival of South Beach as its known today. But, with the area currently experiencing a decline in gay tourism, the article suggests why the city is keen to observe the cultural and social benefit provided by a robust gay population. The article details the bar’s lobby of the local government for an expansion of its outdoor drag entertainment, despite the protests of the neighboring boutique hotel, which the bar asserts is homophobic intolerance of the shows’ gay theme.

The article discusses the importance that the modern …

Beyond Saints And Sinners: Discretion And The Need For New Narratives In The U.S. Immigration System, Elizabeth Keyes

Elizabeth Keyes

This article examines the forces affecting the exercise of discretion in American immigration courts, and argues that in this present age of immigration anxiety, the same facts that place an individual in deportation proceedings may constitute the reasons a judge will, relying on discretion, deny them relief for which they are otherwise eligible. The article explores the polarized narratives told about “good” and ”bad” immigrants, the exceptionally difficult task of adjudicating in overburdened immigration courts, and the ways in which these polarized narratives interact with psychological short-cuts, or heuristics, that affect judicial exercises of discretion. After engaging in this analysis, …

We’Re All In This Together: Achieving Success Through Collaboration With Non-Library Staff, Debbie Ginsberg

Presentations

Presentation from the American Association of Law Libraries 104th Annual Meeting and Conference, ALL-SIS Program.

To view this file, download the free Prezi software.

The Law School Educational Technologist Survey – 2 Years Later, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2011 Conference for Law School Computing

In the 2009 law school educational technology survey, we found that while law school educational technologists loved their jobs, the duties and expectations from school to school varied widely. In this session, we’ll explore whether, two years on, our job descriptions have become more standardized. What should law school faculty and staff expect when a law school hires an educational technologist?

We’ll also feature several current law school educational technologists who will showcase specialized projects and processes they’ve been able to bring to their law schools. …

Survey Says! Using Online Surveys To Get The Information And Resources You Need, Debbie Ginsberg

Presentations

Presentation from the Center for Computer-Assisted Legal Instruction 2011 Conference for Law School Computing

Online surveys are great tools for soliciting customer service feedback, establishing priorities, and researching technology trends. But does the world really need another “how well do you like us” form? (A: No.) With a little planning, well-structured questions, and a targeted audience, you can create effective surveys to collect vital data for your work and research.

In this session, Debbie Ginsberg demonstrated:

• Powerful but easy-to-use survey tools including Google Forms, SurveyMonkey, and Qualtrics
• Best practices for designing surveys and creating survey questions
• Ways to collect survey …

Guest Blogger, Anne M. Tucker

Faculty Publications By Year

No abstract provided.

Litigationprofessionals.Org- A Social Networking Site For Lawyers, Sandipan Biswas

Sandipan Biswas

No abstract provided.

Law Of Intellectual Property, Cheng Lim Saw

Cheng L. SAW

No abstract provided.

Examining Trends In Taste Preferences, Market Demand, And Annual Catch In An Indigenous Marine Turtle Fishery In Southwest Madagascar, Kristin Jones

Independent Study Project (ISP) Collection

The worldwide exploitation of marine turtles has been common throughout human history, turtle products including carapaces for decoration and use, skin for leather, and eggs and meat for consumption. The hunting of marine turtles has long established economic importance among Madagascar's coastal inhabitants and is an activity traditionally associated with integral cultural and spiritual values. Due to overexploitation and a combination of relatively newer threats such as pollution, habitat loss, and incidental fisheries take, however, all marine turtle species in the Indian Ocean are considered to be endangered or critically endangered. Although Madagascar's marine turtles have been legally protected from …

Ab Fab Legal Apps: Legal Research Applications For Handheld Devices, Sharon Bradley

Continuing Legal Education Presentations

The term “app” has exploded into general use. The term has been around for a long time as the nickname for application, or any piece of software that works on a system. Now when people are talking about apps, they are usually talking about small programs specifically made for mobile devices. Along with the explosion of general purpose apps, come many designed and/or suited for busy, highly-mobile legal professsionals.

Cybersecurity And Executive Power, David W. Opderbeck

David W. Opderbeck

The article analyzes the Constitutional authority of the U.S. President to shut down or limit public access to the Internet in a time of national emergency. The threats posed by cybercrime, cyberwarfare, and cyberterrorism are significant. It is imperative that national governments and international policymakers develop defenses and contingency plans for such attacks. At the same time, the threats to civil liberties posed by current legislative cybersecurity proposals are equally real. Executive power to disrupt Internet access in the name of security can become as potent a weapon against democracy as a hacker’s attempt to take down the power grid. …

Clip From Webcast Of Hearing On Fy 2012 State Department Budget, U.S. Senate Committee On Appropriations, Donald J. Kochan

Donald J. Kochan

Quick Reference Guide If You Are Stoped For A Dui In Illinois, Illinois Dui Lawyer

Illinois DUI Lawyer

No abstract provided.

Student Film: Stambovsky V. Ackley, Lindsey Barovick, Lauran Cannataro, Ray Castronovo, Conrad Chayes, Julia Surette, Kenneth Zawistowski, Deborah Post

Deborah W. Post

No abstract provided.

Student Film- In Re: Baby M, Heather Cole, John Nicodemo, Julie Perlina, Jessica Bryant, Rachel Zoltowsky, Alana Hassel, Deborah Post

Deborah W. Post

No abstract provided.

Group Rights: A Defense, David Ingram

Philosophy: Faculty Publications and Other Works

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …

Supply And Demand Of Weapons In Political Uprisings: Past Lessons, Current Applications, And Suggestions For Guidelines In The Future, Katherine E. Peterson

Katherine Peterson

In the past, the United States has provided support to foreign states or political factions within a foreign state in the context of an armed conflict. The motivation for these actions has ranged from protecting allies or private capital interests to keeping the former Soviet Union at bay. These interests are important considerations for the Government to take into account when forming and carrying out its foreign policy; however, it is unnerving that this support seems to have often been given with a focus on achieving short-term goals without much regard to the potential consequences—domestic terrorist attacks, further international conflict, …

Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang

haiting zhang

Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization is an …

Rethinking The Usefulness Of Mandatory Rights Of Withdrawal In Consumer Contract Law: The Right To Change Your Mind?, Jan Smits

Penn State International Law Review

No abstract provided.

Alumni Profiles, Sarah Mazzochi, Kaitlin Brush

Human Rights Brief

No abstract provided.

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …

The Dignity, Rights, And Responsibilities Of The Jury: On The Structure Of Normative Argument, Robert P. Burns

Faculty Working Papers

Many theorists follow an inevitably circular method in evaluating legal institutions and practices. "Considered judgments of justice" embedded in practices and institutions in which we have a high level of confidence can serve as partial evidence for the principles with which they are consistent, principles that can then have broader implications. Conversely, principles that we have good reason to embrace can serve as partial justification for institutions and practices with which they are consistent. This is the heart of Rawls' notion of "reflective equilibrium," where we "work at both ends" to justify institutions, practices, and principles. This method is applicable …

Beyond Culture Vs. Commerce: Decentralizing Cultural Protection To Promote Diversity Through Trade, Sean A. Pager

Northwestern Journal of International Law & Business

For the past three decades, culture defenders and free traders have fought a pitched battle over global regulation of audiovisual industries, a collision of seemingly incompatible worldviews whose destructive repercussions policy-makers and scholars have struggled to contain. The battle has played out at multiple levels of international trade law, investment treaties, and UNESCO conventions. Now, the culture-trade war threatens to engulf e-commerce. Fortunately, there is a better way. The extraordinary flowering of Korean popular culture in recent decades—commonly known as the "Korean Wave"—can be traced directly to a set of decentralized policies enacted by South Korea's government in the 1990s. …

“Say On Pay”: The Movement To Reform Executive Compensation In The United States And European Union, Marisa Anne Pagnattaro, Stephanie Greene

Northwestern Journal of International Law & Business

In the aftermath of an array of economic failures, there is a growing movement to reform executive compensation. Concerned that executive compensation structures reward inappropriate risk taking and create a short-term perspective, the United States and the European Union are taking steps to reform the ways executives are compensated. Part I analyzes governmental and regulatory action in the United States, including SEC disclosure rules and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part II details new initiatives in the European Union that recommend changes to remuneration for directors of listed companies and remuneration in the financial services sector, …

The Trade Litigant's Gauntlet: The Hanging Judge And The Teflon Tribunal, Jay Charles Campbell

Northwestern Journal of International Law & Business

The two U.S. agencies charged with conducting antidumping investigations may justifiably be labeled a "hanging judge" and a "Teflon tribunal." The Department of Commerce (DOC) investigates whether foreign firms have engaged in "dumping" exports to the United States. Since assuming responsibility for dumping investigations in 1980, the DOC has found that over 90% of the firms it investigated were "guilty." Such one-sided results subject far too many foreign firms to antidumping duty orders - which impair their ability to sell to the U.S. market - and send the wrong message to the United States' trading partners. Because the U.S. antidumping …

The International Anti-Money Laundering And Combating The Financing Of Terrorism Regulatory Strategy: A Critical Analysis Of Compliance Determinants In International Law, Navin Beekarry

Northwestern Journal of International Law & Business

Concerns about the risks money laundering (ML) and terrorist financing (TF) present to the stability of the international financial system have resurfaced in the context of the liquidity problems faced by financial institutions as a result of the recent credit crisis (2008). Because ML and TF evolve with new criminal activities and methodologies, ML and TF present systemic threats to the stability of the financial system. Addressing new developments in ML/TF and their associated risks requires a sufficiently flexible and adaptable international regulatory strategy. In this paper, I examine the international anti-money laundering and combating the financing of terrorism (AML/CFT) …

More Than Best Friends: Expansion Of Global Law Firms Into The Indian Legal Market, Chris Vena

Northwestern Journal of International Law & Business

Over the past half century, there has been an accelerating trend towards liberalization in the legal services industry. International free trade agreements have sought to promote open markets for legal services. The United States, United Kingdom, many European countries, Australia, Japan, Russia, China, and Singapore have all opened their legal markets to foreign law firms. India is something of an anomaly in this regard. Although it has one of the world's largest economies and has benefited greatly from liberalization in many industries, India's legal industry remains closed. Competition for foreign capital with other developing nations, particularly China, makes this an …

Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Foster Halabi

Northwestern Journal of International Law & Business

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …