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Selected Works

2015

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Articles 1 - 30 of 6053

Full-Text Articles in Law

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman Dec 2015

Echoes From The Segregationist Past At Oral Argument, Mary Ellen Maatman

Mary Ellen Maatman

Discussion of Supreme Court case Fisher v. University of Texas


The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze Dec 2015

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Maryna Koberidze

This Article analyzes seventeen years under the Digital Millennium Copyright Act (“DMCA”) rulemaking mechanism and suggests changes to reinforce its successes while remedying its failures. Part I briefly discusses the legislative history of the rulemaking mechanism and policy justifications for its adoption within the DMCA scheme. Part II reviews legal and evidentiary standards of the rulemaking and recent changes to its administrative procedure. Part III provides an overview of the prior rulemakings and their impact on non-infringing uses, with a particular focus on the “e-book” and “cellphone unlocking” exemptions. Part IV applauds the Breaking Down Barriers to Innovation Act of …


Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais Dec 2015

Irreconcilable Differences? The Geneva Act Of The Lisbon Agreement And The Common Law, Daniel Gervais

Daniel J Gervais

This Article considers whether the Geneva Act (2015) of the 1958 Lisbon Agreement achieved a reconciliation between the common-law approach to protecting certain GIs as trademarks and the (currently) mostly European approach of using a sui generis system to protect GIs. In “Old Lisbon” as in many parts of Europe—and perhaps more strikingly in France—GIs have deep roots in the terroir. And the terroir matters: it is not an exaggeration to say that some countries link terroir to national identity. New World producers see things differently, but they also recognize the value of geographic origin, at least for certain …


Dec . 15 : A Day That Changed State History, Ann M. Lousin Dec 2015

Dec . 15 : A Day That Changed State History, Ann M. Lousin

Ann M. Lousin

Chicago Daily Law Bulletin


The Macarthur Adjudicative Competence Study: The Development And Validation Of A Research Instrument, Steven Hoge, Richard Bonnie, Norman Poythress, John Monahan Dec 2015

The Macarthur Adjudicative Competence Study: The Development And Validation Of A Research Instrument, Steven Hoge, Richard Bonnie, Norman Poythress, John Monahan

Norman Poythress

Assessment of competence to stand trial is a common evaluation that can have substantial consequences for defendants and the criminal justice system. Despite a voluminous literature, much remains unknown. An obstacle to progress in understanding what is better termed ldquoadjudicative competencerdquo is the absence of structured, standardized research measures for assessment of defendants. This article presents the legal framework, assessment strategy, instrument description, psychometric properties, and construct validation of the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD). The measures meet or exceed accepted indices of internal consistency, and interscorer agreement. Observed patterns of correlations among measures support …


China Stays Guarded On Foreign Investment In Banking, Nicholas Howson, Lester Ross Dec 2015

China Stays Guarded On Foreign Investment In Banking, Nicholas Howson, Lester Ross

Nicholas Howson

No abstract provided.


Regulation And Business Behavior, Neil Gunningham, Robert Kagan Dec 2015

Regulation And Business Behavior, Neil Gunningham, Robert Kagan

Robert Kagan

Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."


The Advocate And The Expert--Counsel In The Peno-Correctional Process, Sanford Kadish Dec 2015

The Advocate And The Expert--Counsel In The Peno-Correctional Process, Sanford Kadish

Sanford Kadish

No abstract provided.


Innovation, Investment, And Unbundling, Thomas Jorde, J. Sidak, David Teece Dec 2015

Innovation, Investment, And Unbundling, Thomas Jorde, J. Sidak, David Teece

Thomas Jorde

Examines the tradeoff between innovation and mandatory unbundling of telecommunications networks in the United States. Release of the Second Further Notice of Proposed Rulemaking by the Federal Communications Commission; Subjection of telecommunication networks to compulsory sharing among competitors at regulated cost-based rates; Effect of the mandatory unbundling on the incumbent local exchange carrier.


Labor Arbitration And The Law In Utah, Sanford Kadish Dec 2015

Labor Arbitration And The Law In Utah, Sanford Kadish

Sanford Kadish

No abstract provided.


The Virtues Of Alternatives, Phillip Johnson Dec 2015

The Virtues Of Alternatives, Phillip Johnson

Phillip Johnson

No abstract provided.


Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun Dec 2015

Testing Drugs Versus Testing For Drug Use: Private Risk Management In The Shadow Of Criminal Law, Robert Maccoun

Robert MacCoun

No abstract provided.


Puzzling Over Children's Rights, John Coons, Robert Mnookin, Stephen Sugarman Dec 2015

Puzzling Over Children's Rights, John Coons, Robert Mnookin, Stephen Sugarman

John Coons

This Article Discusses the Movement Started in The 1960's to Improve Children's Legal Rights and How They are Treated Under the Law. The Authors Explore the Intellectual Foundations of Our Conventions About Children and Share Some of The Puzzles that They Have Identified. They Discuss When Childhood Begins and Ends, Whether Children are Worse off or Better off Now Than in The Past, and Whether the Purpose of Childhood is Only a Concern of The Present or Is It Preparation for Future Adulthood. They Discuss Children's Entitlements to The Goods of The World in Relation to Their Parents, Other Adults, …


Judicial Review In France, Martin Shapiro Dec 2015

Judicial Review In France, Martin Shapiro

Martin Shapiro

No abstract provided.


Unintended Consequences Of Court Arbitration: A Cautionary Tale From New Jersey, Robert Maccoun Dec 2015

Unintended Consequences Of Court Arbitration: A Cautionary Tale From New Jersey, Robert Maccoun

Robert MacCoun

No abstract provided.


Good Selves And Just Wars, John Coons Dec 2015

Good Selves And Just Wars, John Coons

John Coons

No abstract provided.


Your Right To Privacy: A Selective Bibliography, Sandra Klein Dec 2015

Your Right To Privacy: A Selective Bibliography, Sandra Klein

Sandra S. Klein

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil Dec 2015

Hosting Settlement Conferences: Effectiveness In The Judicial Role, Wayne Brazil

Wayne Brazil

No abstract provided.


The False Dichotomy Between Physical And Regulatory Takings Analysis: A Critique Of Tahoe-Sierra's Distinction Between Physical And Regulatory Takings, Andrea Peterson Dec 2015

The False Dichotomy Between Physical And Regulatory Takings Analysis: A Critique Of Tahoe-Sierra's Distinction Between Physical And Regulatory Takings, Andrea Peterson

Andrea Peterson

No abstract provided.


Open Source Drug Discovery: Finding A Niche (Or Maybe Several), Stephen Maurer Dec 2015

Open Source Drug Discovery: Finding A Niche (Or Maybe Several), Stephen Maurer

Stephen M. Maurer

No abstract provided.


Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears Dec 2015

Brown, Farrier, Neal And Weisbrot's Criminal Laws: Materials And Commentary On Criminal Law And Process In New South Wales, David Brown, David Farrier, Sandra Egger, Luke Mcnamara, Alex Steel, Michael Grewcock, Donna Spears

David C. Brown

"The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a "textbook, casebook, handbook and reference work". As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fifth edition …


Correspondence Between Self-Report And Interview-Based Assessments Of Antisocial Personality Disorder, Laura Guy, Norman Poythress, Kevin Douglas, Jennifer Skeem Dec 2015

Correspondence Between Self-Report And Interview-Based Assessments Of Antisocial Personality Disorder, Laura Guy, Norman Poythress, Kevin Douglas, Jennifer Skeem

Norman Poythress

Antisocial personality disorder (ASPD) is associated with suicide, violence, and risk-taking behavior and can slow response to first-line treatment for Axis I disorders. ASPD may be assessed infrequently because few efficient diagnostic tools are available. This study evaluated 2 promising self-report measures for assessing ASPD—the ASPD scale of the Personality Diagnostic Questionnaire-4 (PDQ-4; S. E. Hyler, 1994) and the Personality Assessment Inventory (PAI; L. Morey, 1991, 2007)—as well as the ASPD module of the Structured Clinical Interview for DSM–IV Axis II (SCID-II; M. B. First, R. L. Spitzer, M. Gibbon, J. B. W. Williams, & L. S. Benjamin, 1997). The …


Starr, Singleton, And The Prosecutor's Role, David Sklansky Dec 2015

Starr, Singleton, And The Prosecutor's Role, David Sklansky

David A Sklansky

This article discusses the lessons contained in States v. Singleton and the system that has been adopted for investigating and prosecuting high executive officers. After describing Singleton and the tumult it triggered in Part I of this Article, Part II returns to the Starr Referral and poses a question that may at first seem idle: what distinguishes Starr's promises to Lewinsky in exchange for her testimony from the efforts he charges the President made to help find her a job? Part III of the Article broadens the focus. It argues there has been a general failure to think rigorously about …


48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon Dec 2015

48. Valence, Implicated Actor, And Children's Acquiescence To False Suggestions, Kyndra C. Cleveland, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Although adverse effects of suggestive interviewing on children's accuracy are well documented, it remains unclear as to whether these effects vary depending on the valence of and the actor implicated in suggestions. In this study, 124 3-8-year-olds participated in a classroom activity and were later questioned about positive and negative false details. The interviewer provided positive reinforcement when children acquiesced to suggestions and negative feedback when they did not. Following reinforcement or feedback, young children were comparably suggestible for positive and negative details. With age, resistance to suggestions about negative details merged first, followed by resistance to suggestions about positive …


Crime And Prejudice: The Use Of Character Evidence In Criminal Trials, Joel Schrag, Suzanne Scotchmer Dec 2015

Crime And Prejudice: The Use Of Character Evidence In Criminal Trials, Joel Schrag, Suzanne Scotchmer

Suzanne Scotchmer

The task of juries is to dispense ex post justice. While justice requires convicting the guilty and acquitting the innocent, the evidence usually cannot distinguish with certainty. We argue that the jury will be more lenient in acquittals than is optimal for deterring crime whenever its subjective cost of wrongful convictions is at least as high as its subjective cost of wrongful acquittals. However if the jury is prejudiced against habitual criminals, its subjective cost of wrongful convictions will be relatively low, and then the jury may impede deterrence by its punitiveness rather than by its lenience. We investigate whether …


Corruption, Freedom And Equality In Campaign Financing, Martin Shapiro Dec 2015

Corruption, Freedom And Equality In Campaign Financing, Martin Shapiro

Martin Shapiro

No abstract provided.


Socio-Legal Dynamics Of Aids: Constructing Identities, Protecting Boundaries Amidst Crisis, Michael Musheno Dec 2015

Socio-Legal Dynamics Of Aids: Constructing Identities, Protecting Boundaries Amidst Crisis, Michael Musheno

Michael Musheno

No abstract provided.


Judgment, Philippe Nonet Dec 2015

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.


The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman Dec 2015

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman

Stanley Lubman

No abstract provided.


Some Observations On The Use Of Criminal Sanctions In Enforcing Economic Regulations, Sanford Kadish Dec 2015

Some Observations On The Use Of Criminal Sanctions In Enforcing Economic Regulations, Sanford Kadish

Sanford Kadish

No abstract provided.