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Full-Text Articles in Law
The Antipaternalism Principle In The First Amendment, Dale Carpenter
The Antipaternalism Principle In The First Amendment, Dale Carpenter
Articles
Much attention has been paid of late to unauthorized disseminations of classified information. A grand jury proceeding has been initiated to investigate the leak and publication of information about the National Security Agency's warrantless electronic surveillance program. And in a case currently pending in the Eastern District of Virginia, the U.S. government for the first time is prosecuting private citizens for exchanging classified information in the course of concededly non-espionage activities - specifically, political lobbying. These events illuminate the underdeveloped and deeply under-theorized state of the law on classified information leaks and publications. The central chasm in existing theory and …
Sox Appeals, Brett Mcdonnell
Sox Appeals, Brett Mcdonnell
Articles
Through the Sarbanes-Oxley Act ("SOx"), Congress appeals to two groups, regulators and private actors. Most of the new duties and liabilities that SOx creates have limited legal substance, advancing little beyond previous rules. However, we must look further to see how regulators and private actors are responding. The SEC's rulemaking efforts directly required under SOx have not been inspiring, but SOx has helped prod the SEC into rulemaking which potentially could prove more important than all of the provisions of SOx combined: rules giving shareholders the ability to nominate directors using the corporation's proxy tools. The New York Stock Exchange …
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
International Human Rights Law Perspective On Grutter And Gratz, David Weissbrodt
Articles
There is an international human rights law aspect to Grutter v. Bollinger 1 and Gratz v. Bollinger 2 that might be missed by many lawyers and scholars who rarely consider any legal domain beyond the limits of the U.S. Constitution. Indeed, Grutter and Gratz reflect a trend in Supreme Court opinions to use international human rights sources in interpreting the Constitution.
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
Articles
In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.
Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford
Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright, And Competition Laws, Daniel J. Gifford
Articles
THE United States, Canada, the European Union, Japan and most industrialized nations have adopted patent, copyright and other intellectual property laws. A major or primary purpose of those laws is to foster innovation, including technological innovation. Industrial and technological innovation is generally perceived as a good because technological advances increase a society's productivity, 1 thus increasing its wealth and raising living standards. The major industrialized nations also possess competition laws, one of whose purposes is to preserve, foster and support competitive markets. These nations want to preserve competitive markets because competitive markets help to allocate available resources to their highest …
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford
Articles
This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …
Constitutional Law As "Normal Science", Toni M. Massaro
Constitutional Law As "Normal Science", Toni M. Massaro
Constitutional Commentary
No abstract provided.
Being Proportional About Proportionality. Book Review Of: The Ultimate Rule Of Law. By David M. Beatty, Vicki C. Jackson
Being Proportional About Proportionality. Book Review Of: The Ultimate Rule Of Law. By David M. Beatty, Vicki C. Jackson
Constitutional Commentary
Book review: The Ultimate Rule of Law. By David M. Beatty. New York: Oxford University Press. 2004. Pp. 193 + xvii. Reviewed by: Vicki C. Jackson
The Conceptual Jurisprudence Of The German Constitution. Book Review Of: A Theory Of Constitutional Rights. By Robert Alexy Trans., Julian Rivers, William Ewald
Constitutional Commentary
Book review of: A Theory of Constitutional Rights. By Robert Alexy trans., Julian Rivers. Oxford University Press. 2002. Pp. liii + 462. Reviewed by: William Ewald
The Immunity Of Foreign Subsidiaries Under The Foreign Sovereign Immunities Act, Melissa Lang, Richard Bales
The Immunity Of Foreign Subsidiaries Under The Foreign Sovereign Immunities Act, Melissa Lang, Richard Bales
Minnesota Journal of International Law
No abstract provided.
The Reliance Interests In Trade Law, Daniel A. Farber
The Reliance Interests In Trade Law, Daniel A. Farber
Minnesota Journal of International Law
No abstract provided.
Memories Of The Supreme Court In The 1961 Term, Peter D. Ehrenhaft
Memories Of The Supreme Court In The 1961 Term, Peter D. Ehrenhaft
Minnesota Journal of International Law
No abstract provided.
Bob Hudec: A Friend And Colleague, Daniel J. Gifford
Bob Hudec: A Friend And Colleague, Daniel J. Gifford
Minnesota Journal of International Law
No abstract provided.
A Wealth Of Knowledge That Enriched Us All, Daniel L. Kennedy M.
A Wealth Of Knowledge That Enriched Us All, Daniel L. Kennedy M.
Minnesota Journal of International Law
No abstract provided.
Harmonizing Risk And Religion: The Utility Of Shari'a-Compliant Transaction Structuring In Commercial Aircraft Finance, Angelo Luigi Rosa
Harmonizing Risk And Religion: The Utility Of Shari'a-Compliant Transaction Structuring In Commercial Aircraft Finance, Angelo Luigi Rosa
Minnesota Journal of International Law
No abstract provided.
Tribute To Professor Robert Hudec, Robert M. O'Neil
Tribute To Professor Robert Hudec, Robert M. O'Neil
Minnesota Journal of International Law
No abstract provided.
The Trips Council's Solution To The Paragraph 6 Problem: Toward Compulsory Licensing Viability For Developing Countries, Jennifer May Rogers
The Trips Council's Solution To The Paragraph 6 Problem: Toward Compulsory Licensing Viability For Developing Countries, Jennifer May Rogers
Minnesota Journal of International Law
No abstract provided.
The European Union Trips Over The U.S. Constitution: Can The First Amendment Save The Bologna That Has A First Name, Harry N. Niska
The European Union Trips Over The U.S. Constitution: Can The First Amendment Save The Bologna That Has A First Name, Harry N. Niska
Minnesota Journal of International Law
No abstract provided.
The Case For Coca And Cocaine: Bolivia's March To Economic Freedom, Daniel Tyler Cook
The Case For Coca And Cocaine: Bolivia's March To Economic Freedom, Daniel Tyler Cook
Minnesota Journal of International Law
No abstract provided.
Should Japan Adopt A Plain Language Rule, Susumu Miyazaki
Should Japan Adopt A Plain Language Rule, Susumu Miyazaki
Minnesota Journal of International Law
No abstract provided.
Problems Of Wto Harmonization And The Virtues Of Shields Over Swords, Daniel Kalderimis
Problems Of Wto Harmonization And The Virtues Of Shields Over Swords, Daniel Kalderimis
Minnesota Journal of International Law
No abstract provided.
Secrecy And Dishonesty: The Supreme Court, Racial Preferences, And Higher Education, Abigail Thernstrom, Stephan Thernstrom
Secrecy And Dishonesty: The Supreme Court, Racial Preferences, And Higher Education, Abigail Thernstrom, Stephan Thernstrom
Constitutional Commentary
No abstract provided.
The Renew Deal: The Fall Of Regulation And The Rise Of Governance In Contemporary Legal Thought, Orly Lobel
The Renew Deal: The Fall Of Regulation And The Rise Of Governance In Contemporary Legal Thought, Orly Lobel
Minnesota Law Review
No abstract provided.
Balancing Ease And Accuracy In Assessing Pharmaceutical Exclusion Payments, Herbert Hovenkamp, Mark D. Janis, Mark A. Lemley
Balancing Ease And Accuracy In Assessing Pharmaceutical Exclusion Payments, Herbert Hovenkamp, Mark D. Janis, Mark A. Lemley
Minnesota Law Review
No abstract provided.
Moral Heuristics And Moral Framing, Cass R. Sunstein
Moral Heuristics And Moral Framing, Cass R. Sunstein
Minnesota Law Review
No abstract provided.
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Moral Judgment Of Law Students Across Three Years: Influences Of Gender, Political Ideology And Interest In Altruistic Law Practice, Maury Landsman, Steven P. Mcneel
Articles
Jokes and negative stereotypes about lawyers abound, suggesting low levels of honesty and morality. One commentator has suggested a reason for this: The joke rings true to a lot of people because of what many lawyers in this country - including many at the top of the profession - do for their clients: bend, distort, conceal, cover up, obfuscate, or misrepresent the facts, in ways that are simultaneously (1) regarded by ordinary people as just plain dishonest, and (2) defended by many lawyers and legal experts as embodying the finest traditions of the bar and of legal ethics in our …
Bob Hudec: Our Days At The Court, Thomas E. Kauper
Bob Hudec: Our Days At The Court, Thomas E. Kauper
Minnesota Journal of International Law
No abstract provided.