Law Commons^™

Manufactured Emergencies, Robert Tsai

Scholarly Articles in Law Reviews & Journals

Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …

Considerations Of History And Purpose In Constitutional Borrowing, Robert Tsai

Scholarly Articles in Law Reviews & Journals

This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Scholarly Articles in Law Reviews & Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Accidental Scholar: Navigating Academia As A Clinician And Reflecting On Intergenerational Change, Binny Miller

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Contracts Are Like Snowflakes, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Take Inventory Each Year, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Welcome And Introductory Remarks, Jonathan Baker

Presentations

Video link: https://vimeo.com/352303633 Audio link: https://www.ftc.gov/news-events/audio-video/audio/economics-big-data-privacy-competition-introduction The Federal Trade Commission held the sixth session in its Hearings initiative, with two and a half days of sessions on November 6 – 8, 2018, at American University Washington College of Law, in Washington, D.C. The hearings examined the role that data play in competition and innovation and will also consider the antitrust analysis of mergers and firm conduct where data is a key asset or product. The Commission invited public comment on these issues, including the questions listed below. Comments were due January 7, 2019. If any entity has provided funding for …

Fall 2017 Symposium: The Challenge Of Crime In A Free Society: Fifty Years Later, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

My longstanding interest in the Johnson Crime Commission traces back to my earlier scholarly work on the history of criminal law reform movements, going back to the progressive criminal justice reform agenda in the early twentieth century and the activities of private law-reform coalitions and government-sponsored crime commissions during the interwar period, including the Wickersham Commission and the American Law Institute's various model code projects. This research eventually led me to the Johnson Commission, the subject of this Symposium.

Concurrent Panels V: Litigating Sexual Assault Cases, Brenda V. Smith, Julie Abbate, Laura Ives, Nicole Schult

Presentations

This panel will address how to represent and litigate cases involving sexual assault against incarcerated men and women. Panelists will discuss what investigations help set up the strongest claims, and how to coordinate with other agencies before filing; how to conduct discovery to prove your case, and how PREA fits into a sexual assault case; and provide context about sexual assault in prisons and jails, as well as provide perspective about litigation going on in other spaces.

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Fall 2018 Regional Coverage

No abstract provided.

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Fall 2018 Regional Coverage

No abstract provided.

Europe Coverage, Human Rights Brief

Human Rights Brief Fall 2018 Regional Coverage

No abstract provided.

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Fall 2018 Regional Coverage

No abstract provided.

Americas Coverage, Human Rights Brief

Human Rights Brief Fall 2018 Regional Coverage

No abstract provided.

The User Rights Database: Measuring The Impact Of Opening Copyright Exceptions, Sean Flynn, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

International and domestic copyright law reform around the world is increasingly focused on how copyright exceptions — a.k.a. “user rights” —should be expanded to promote maximum innovation, creativity, and access to knowledge in the digital age. These efforts are guided by a relatively rich theoretical literature. However, few empirical studies explore the social and economic impact of expanding user rights in the digital era. One reason for this gap has been the absence of a tool measuring the key independent variable – changes in copyright user rights over time and between countries. We are developing such a tool, which we …

Emerging Best Practices For The Management And Treatment Of Lesbian, Gay, Bisexual, Transgender, Questioning, And Intersex Youth In Juvenile Justice Settings, Brenda V. Smith, Hayley Gorenberg, J. Rhodes Perry, Lisa Belmarsh, Shaena Johnson, Steven Jett, Rebecca Walters, Macarena Saez, Dana Shoenberg, Terry Schuster, Josh Delaney, Karen Bachar, Mykel Selph, Mark Seymour, Sharita Gruberg, Chris Daley, Mark Yarhouse

Research Reports & White Papers

In 2016 according to the U.S. Department of Justice, 856,130 youth were arrested and 45,567 juveniles were held in 1,772 residential juvenile facilities across the country. Detained and confined youth share many characteristics: most are from poor communities and lack access to quality health care. Mental illness and sexually transmitted infections are prevalent. Compared to their non-confined counterparts, incarcerated youth also experience higher rates of substance abuse and homelessness, are educationally behind their peers, are disproportionately identified as needing special education services, and are more likely to have had traumatic experiences (including sexual and emotional abuse) and injuries including traumatic …

Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal

Scholarly Articles in Law Reviews & Journals

In Google v. Equustek, the Supreme Court of Canada ordered Google to delist all websites used by Datalink, a company that stole trade secrets from Equustek, a Canada-based information technology company. Google had agreed to do so in part, but with respect to searches that originated from google.ca only, the default browser for those in Canada. Equustek however, argued the takedowns needed to be global in order to be effective. It thus sought an injunction ordering Google to delist the allegedly infringing websites from all of Google's search engines whether accessed from google.ca, google.com, or any other entry point. Google …

Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan

Amicus Briefs & Court Filings

Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.

Brief For The R Street Institute And Engine Advocacy As Amici Curiae In Support Of Respondents, Charles Duan

Amicus Briefs & Court Filings

Under 35 U.S.C. § 102, an inventor may not obtain a patent on an invention that has been “on sale” for more than a year. The question is whether, from this so-called on-sale bar, certain classes of sales should be exempted— sales under a confidentiality agreement, in Petitioner’s view; and sales to those other than the ultimate customers, according to the government.

Has The Us Economy Become More Concentrated And Less Competitive: A Review Of The Data, Jonathan Baker, Steven Berry, Fiona Scott Morton, Joshua Wright, Gregory Werden

Legislative Testimony & Comments

FTC Chairman Joe Simons presented opening remarks, followed by a day of discussion by a distinguished set of panelists who discussed the following topics (some of which will be discussed on the rescheduled date):

• the current landscape of competition and consumer protection law and policy;
• whether the U.S. economy has become more concentrated and less competitive;
• the regulation of consumer data;
• antitrust law and the consumer welfare standard; and
• the analysis of vertical mergers.

Another View Of The Cathedral: What Does The Rule Of Law Crisis Tell Us About Democratizing The Eu?, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The rule of law in the EU is in crisis. The independence of national judiciaries in Hungary and Poland is under attack by governments that call themselves ‘illiberal’ democracies. Not surprisingly, scholars pointing to the cracks in the EU architecture have offered some solutions to avoid its collapse. These solutions range from the Commission enforcing a rule of law framework by bringing systemic infringement actions based on democratic values enshrined in Article 2 of the Treaty on European Union (TEU) or by cutting EU cohesion funds to the autocrats. Both solutions seem to have been taken seriously in Luxembourg …

International Arbitration - Between Myth And Reality: The 9th John E.C. Brierly Memorial Lecture, Susan Franck

Scholarly Articles in Law Reviews & Journals

The first woman to deliver the John E.C. Brierly Memorial Lecture in November 2016, Susan Franck explores common but flawed accounts of international arbitration based on anecdotes and myths while encouraging the audience to pay more attention to scientific facts. While acknowledging the challenges of living in a “post-factual” society, she argues that international arbitration, whether commercial or investment-based, is caught within a larger geo-political maelstrom which includes a backlash against globalization, the popularization of populism, and a turn toward nationalism. Rather than permitting decisions to be affected by an emotive torrent of intuitive forces that facilitate decisions based upon …

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Disability Rights Symposium Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

International Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Americas Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.