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Full-Text Articles in Law
Sticky Defaults And Altering Rules In Corporate Law, Brett Mcdonnell
Sticky Defaults And Altering Rules In Corporate Law, Brett Mcdonnell
Articles
Corporate law scholarship has long debated the extent to which corporate law rules are default or mandatory. It has paid less attention to corporate law's "altering rules," which prescribe what a corporation must do for its attempt at opting out of a given default rule to be recognized as legally valid. Altering rules may be more or less sticky, that is, they may make it easier or harder to opt out of a given default rule. They also help allocate authority among corporate constituency groups. Descriptively, a focus on altering rules provides a more detailed and nuanced understanding of the …
Patents, Tax Shelters, And The Firm, Dan L. Burk, Brett Mcdonnell
Patents, Tax Shelters, And The Firm, Dan L. Burk, Brett Mcdonnell
Articles
Since the landmark State Street decision of the United States Court of Appeals for the Federal Circuit, patentable subject matter has encompassed business methods, including tax investment strategies. Patents provide approximately twenty years of exclusive rights in the claimed method, in return for public disclosure in a published patent. Typically, the efficacy of specialized investment strategies will be diminished as they become generally known and so widely practiced; for this reason, many tax investment methods have been implemented under confidentiality agreements in order to prevent them from becoming widely practiced. However, patenting of such strategies may allow them to be …
Authorship, Audiences, And Anonymous Speech, Lyrissa Barnett Lidsky, Thomas F. Cotter
Authorship, Audiences, And Anonymous Speech, Lyrissa Barnett Lidsky, Thomas F. Cotter
Articles
A series of United States Supreme Court decisions establishes that the First Amendment provides a qualified right to speak and publish anonymously, or under a pseudonym. But the Court has never clearly defined the scope of this right. As a result, lower courts have been left with little guidance when it comes to dealing both with the Internet-fueled growth of torts and crimes committed by anonymous speakers, and with the increasing number of lawsuits aimed at silencing legitimate anonymous speech. In this Article, we provide both positive and normative foundations for a comprehensive approach to anonymous speech. We first draw …
Misuse, Thomas F. Cotter
Misuse, Thomas F. Cotter
Articles
The misuse defense in copyright and patent law is something of an anomaly. Under the approach favored by many courts that have considered the defense, misuse is defined as the broadening of one's copyright or patent with anticompetitive effect. When a defendant in a copyright or patent infringement suit succeeds in proving that the plaintiff has misused its copyright or patent, the court typically enters judgment that the copyright or patent is unenforceable until the misuse is purged. There is no necessary requirement that the copyright or patent defendant itself has been a victim of the misuse (the "standing" anomaly); …
Perfectionist Policies In Family Law, Brian H. Bix
Perfectionist Policies In Family Law, Brian H. Bix
Articles
Linda McClain's book, The Place of Families: Fostering Capacity, Equality, and Responsibility, offers a thoughtful approach to government policy in family matters, grounded on what McClain calls “toleration as respect,” in which the government has a role in improving individuals and social institutions, while valuing personal and collective self-government and making a range of choices available. McClain's approach combines elements of liberalism, feminism, and civic republicanism. In the context of considering McClain's proposals regarding marital equality, same-sex marriage, abortion, and sex education, this review essay considers the problem of persuasion and social reform. In a country where many voters and …
Methods Of The "War On Terror", David Weissbrodt, Amy Bergquist
Methods Of The "War On Terror", David Weissbrodt, Amy Bergquist
Articles
Many speakers in this Symposium have focused principally on "jus ad bellum," or the international law regulating the decision to resort to armed force. This Article concerns principally "jus in bello," that is, international humanitarian law or the limits on the methods of war. First, we will provide a brief discussion of the factual and legal setting of extraordinary rendition. Second, we will consider whether and how humanitarian law applies to the war on terror and related conflicts. Third, we will demonstrate how the prohibition of transferring civilians under Article 49 of the Fourth Geneva Convention applies to extraordinary rendition. …
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld
Articles
For more than a century, youth crime policies have oscillated between periods of more lenient treatment and harsher punishment. Justice officials and the public alternatively attributed high crime rates either to ";soft"; rehabilitative policies and advocated ";tougher"; sanctions, or to excessively harsh penalties that failed adequately to treat youths. A century ago, Progressive reformers combined a more modern construction of childhood with a more scientific conception of social control to create a judicial-welfare alternative and to remove children from the adult criminal process. 2 They used juvenile courts to assimilate, ";Americanize,"; and control ";other people's"; children.
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld
Articles
A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'
Law And Technology: Interactions And Relationships, Daniel J. Gifford
Law And Technology: Interactions And Relationships, Daniel J. Gifford
Articles
The relations between law and technology are both simple and exceedingly complex. At the most elementary level, technology consists in the application of labor to create a product, to generate a service or otherwise to produce a desired result. Technology develops as ways are found to produce new results or to produce old results using fewer or less costly inputs. Law is generally understood to exist as a set of rules adopted by a society's governing institutions that are applicable to all of its inhabitants.' All modern societies have established institutions charged with making determinations about the applicability and interpretations …
The Goldilocks Hypothesis: Balancing Intellectual Property Rights At The Boundary Of The Firm, Dan L. Burk, Brett Mcdonnell
The Goldilocks Hypothesis: Balancing Intellectual Property Rights At The Boundary Of The Firm, Dan L. Burk, Brett Mcdonnell
Articles
Recent scholarship has begun to assess the role of intellectual property rights in the theory of the Coasean firm. Some of this scholarship has looked at the effects of intellectual property on decisions to "make or buy" inputs to production. Other scholarship has looked at the effects of intellectual property on allocation of resources between employees and the firm. In this paper, we integrate these two lines of scholarship, positing a "Goldilocks hypothesis" for the proper disposition of intellectual property rights. We argue that to properly allocate resources within the firm, property rights must be calibrated so as to avoid …