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Articles 1 - 30 of 48
Full-Text Articles in Law
Master Teacher Retires After 37 Years, Colleen Kristl Pauwels
Master Teacher Retires After 37 Years, Colleen Kristl Pauwels
Articles by Maurer Faculty
No abstract provided.
New Directions In Conservation For The National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, James R. Karr, Daniel M. Ashe, Michael Scott, Reed F. Noss, Richard L. Schroeder
New Directions In Conservation For The National Wildlife Refuge System, Robert L. Fischman, Vicky J. Meretsky, James R. Karr, Daniel M. Ashe, Michael Scott, Reed F. Noss, Richard L. Schroeder
Articles by Maurer Faculty
The National Wildlife Refuge System Improvement Act of 1997 includes the nation’s broadest statutory commitment to ecosystem protection: to “ensure that the biological integrity, diversity, and environmental health of the system are maintained.” The act also directs the US Fish and Wildlife Service (FWS) to expand the scope of conservation monitoring, assessment, and management beyond refuge boundaries to encompass surrounding landscapes. The act thus gives the FWS a leadership role in developing research and management partnerships with other agencies, organizations, and neighboring landowners. Increasing research capacity and scientific expertise, and strengthening institutional resolve to limit activities that impede the attainment …
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Sovereignty, Not Due Process: Personal Jurisdiction Over Nonresident, Alien Defendants, Austen L. Parrish
Articles by Maurer Faculty
The Due Process Clause with its focus on a defendant's liberty interest has become the key, if not only, limitation on a court's exercise of personal jurisdiction. This due process jurisdictional limitation is universally assumed to apply with equal force to alien defendants as to domestic defendants. With few exceptions, scholars do not distinguish between the two. Neither do the courts. Countless cases assume that foreigners have all the rights of United States citizens to object to extraterritorial assertions of personal jurisdiction.
But is this assumption sound? This Article explores the uncritical assumption that the same due process considerations apply …
Anti-Racketeering Legislation In America, Craig M. Bradley
Anti-Racketeering Legislation In America, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun
Lost In Translation: The Economic Analysis Of Law In The United States And Europe, Kenneth G. Dau-Schmidt, Carmen L. Brun
Articles by Maurer Faculty
In this Essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the United States. In particular, we focus on three European countries-the United Kingdom, Germany, and France. We argue that differences in culture, the legal system, and the academy have led to differing degrees of success of the law and economics movement in each country. We speculate that, although there is currently less interest in the economic analysis of the law in Europe than in the United States, European interest could dramatically increase if scholars adopt more communitarian …
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Rescuing Judicial Accountability From The Realm Of Political Rhetoric, Charles G. Geyh
Articles by Maurer Faculty
The article examines the threat to judicial independence from political calls for more judicial accountability. The author begins by defining judicial accountability and discussing its purposes before breaking the concept down into three categories: institutional accountability, behavioral accountability, and decisional accountability. This process reveals that in the judicial accountability family, there is but one discrete sub-species, situated in the decisional accountability genus, that does not further accountability's proper purpose and is therefore conceptually problematic: direct political accountability for competent and honest judicial decision-making error that the politicians desire and a serious threat to judicial independence. The critical question becomes one …
Cybertrespass And Trespass To Documents, Kevin Emerson Collins
Cybertrespass And Trespass To Documents, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi
Articles by Maurer Faculty
This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.
First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …
The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli
The Impact Of Open Source On Preinvention Assignment Contracts, Michael Mattioli
Articles by Maurer Faculty
This comment studies the implications of open source on pre-invention assignment agreements. Part I analyzes the basis for past enforcement of these contracts, with an eye toward distinctions between open source projects and more traditional commercial endeavors. Part II briefly reviews the history of patents and explores constitutional and contract-based arguments against the pre-invention assignment. Part III begins with a discussion of open source and then explores how this new phenomenon perfectly fulfills the goals behind the Patent Act. With these addressed, the central inquiry of pre-invention assignment agreements, as they could conflict with open source inventions, will be addressed. …
The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin
The Process Paradigm: Rethinking Medical Malpractice, Roger B. Dworkin
Articles by Maurer Faculty
No abstract provided.
Habitat Federalism, Robert L. Fischman
Habitat Federalism, Robert L. Fischman
Articles by Maurer Faculty
THE COMMON IMAGE OF COOPERATIVE FEDERALISM INVOLVES the Environmental Protection Agency (EPA) inducing states to adopt permit and other pollution abatement programs. States can tailor some standards, but public health benchmarks and end-of-the-pipe technologies are uniform across the nation. Inducements include both carrots, mostly in the form of federal funds and flexibility, and sticks, mostly in the form of penalties and loss of control.
This essay discusses cooperative federalism for habitat conservation. Habitat federalism focuses more on ecology than chemistry, more on cities and counties than states, and more on place-based variation than on uniform standards. It is about how …
Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main
Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main
Articles by Maurer Faculty
No abstract provided.
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
No abstract provided.
Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel
Opening Our Classrooms Effectively To Foreign Graduate Students, Lauren K. Robel
Articles by Maurer Faculty
No abstract provided.
Developments In The Law Concerning Stored Value And Other Prepaid Payment Products, Sarah Jane Hughes, Stephen T. Middlebrook, Broox W. Peterson
Developments In The Law Concerning Stored Value And Other Prepaid Payment Products, Sarah Jane Hughes, Stephen T. Middlebrook, Broox W. Peterson
Articles by Maurer Faculty
No abstract provided.
A Brief Comment On Trust Protectors, Jeffrey E. Stake
A Brief Comment On Trust Protectors, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Minority Admissions To Law School: More Trouble Ahead, And Two Solutions, Jeffrey E. Stake
Minority Admissions To Law School: More Trouble Ahead, And Two Solutions, Jeffrey E. Stake
Articles by Maurer Faculty
U.S. News and World Report (USNAWR) rankings have created incentives that have changed law school admissions. The rankings pressure schools to admit applicants with high numbers rather than those who would do the most to improve the admitting law school or the bar to which it sends its graduates. Much attention has already been paid to decreased minority admissions stemming from increased weight on the LSAT. The shoe that has not dropped, but will soon fall, is the undergraduate grade point average (UGPA). When law schools give this the attention that USNAWR mandates, the diversity of law school classes will …
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
The Reasonable Policeman: Police Intent In Criminal Procedure, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Book Review. The Supreme Court And Religion In American Life, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
Transnational Regulatory Litigation, Hannah Buxbaum
Transnational Regulatory Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement …
Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira
Regarding Pained Sympathy And Sympathy Pains: Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira
Articles by Maurer Faculty
This Essay considers the legal propriety of the empathic responses of jurors to suffering plaintiffs. To that end, Part II first explicates the legal contours of a tension between what is experiential or physical (objective) and what is expressionistic or non-physical (subjective). This tension is a foundational jurisprudential concern in personal injury litigation because the subjective is seen to threaten the rule of law: the perceived primacy of reason and logic. Thus, this tension is also what the parties' attorneys seek to exploit and what the court seeks to constrain. Part III explores why an empathic identification is indeed a …
Towards A Cosmopolitan Vision Of International Law: Identifying And Defining Cil Post Sosa V. Alvarez-Machain, Christiana Ochoa
Towards A Cosmopolitan Vision Of International Law: Identifying And Defining Cil Post Sosa V. Alvarez-Machain, Christiana Ochoa
Articles by Maurer Faculty
In the wake of the Supreme Court's decision in Sosa v. Alvarez-Machain, future Alien Tort Claims Act (ATCA) litigants seemingly will be asked to demonstrate that the norms giving rise to their actions are violations of clearly established Customary International Law (CIL). Given the mutable character of CIL, especially in the area of human rights, this will surely fuel the already voluminous literature on the content of the CIL of human rights.
While debate will certainly arise over the norms that have been become CIL, significant attention must be also be devoted to the problems inherent in the CIL of …
Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa
Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa
Articles by Maurer Faculty
This is a book review of Janet Dine's Companies, International Trade and Human Rights (2005). While this 9-page review is quite positive, it does offer some criticisms of Dine's analysis and views.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Articles by Maurer Faculty
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Articles by Maurer Faculty
For more than a decade, there has been a steady growth in what is now commonly referred to as the 'cause lawyering' literature. Partly as a response to those who were critical of the legal profession during the 1970s and 1980s, cause lawyering scholars have sought to rebut these critics' charges, as well as more comprehensively illustrate what, why, and how cause lawyers do what they do. While the critics of cause lawyers on the one hand, and cause lawyering scholars on the other, have made enormous contributions to the debate, only recently has the discourse shifted to examining an …
The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin
The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin
Articles by Maurer Faculty
No abstract provided.
Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras
Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are …
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman
Law, Markets And Democracy: A Role For Law In The Neo-Liberal State, Alfred C. Aman
Articles by Maurer Faculty
Especially after 1980, our belief in and our use of law to solve societal problems seemed to decline precipitously, well beyond the ebb and flow of political trends and tastes. Beginning in earnest in the 1980s, political discourse increasingly treated law and markets primarily in binary terms. You could have one or the other, but not both. More law meant less markets and vice versa. When it came to choosing between law or markets, the tide clearly had shifted. If injustices in the 1970s were greeted with the slogan "there ought to be a law", that approach to solving problems …
Indiana Law In Evolution, Yvonne Cripps
Indiana Law In Evolution, Yvonne Cripps
Articles by Maurer Faculty
No abstract provided.