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Full-Text Articles in Law

Future Present?, Patrick O. Gudridge Jan 2013

Future Present?, Patrick O. Gudridge

Articles

No abstract provided.


Balkan Ghosts, Patrick O. Gudridge Jan 2013

Balkan Ghosts, Patrick O. Gudridge

Articles

No abstract provided.


Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein Jan 2013

Doing The Math (And The English) In The Windfall Tax Cases, Stanley I. Langbein

Articles

No abstract provided.


Ppl, The Foreign Tax Credit, And The Gitlitz “Finger” Principle, Stanley I. Langbein Jan 2013

Ppl, The Foreign Tax Credit, And The Gitlitz “Finger” Principle, Stanley I. Langbein

Articles

No abstract provided.


Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman Jan 2013

Personal Jurisdiction And Choice Of Law In The Cloud, Damon C. Andrews, John M. Newman

Articles

Cloud computing has revolutionized how society interacts with, and via, technology. Though some early detractors criticized the "cloud" as being nothing more than an empty industry buzzword, we contend that by dovetailing communications and calculating processes for the first time in history, cloud computing is--both practically and legally-a shift in prevailing paradigms. As a practical matter, the cloud brings with it a previously undreamt-of sense of location independence for both suppliers and consumers. And legally, the shift toward deploying computing ability as a service, rather than as a product, represents an evolution to a contractual foundation for interacting.

Already, substantive ...


Copyright Freeconomics, John M. Newman Jan 2013

Copyright Freeconomics, John M. Newman

Articles

Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in ...


Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer Jan 2013

Assessing Legal Advocacy To Advance Roma Health In Macedonia, Romania, And Serbia, Tamar Ezer

Articles

Across Europe, Roma suffer extreme marginalisation, negatively impacting their health. Many cannot access healthcare at all. For others, the health system is a hostile place. At the same time, good legal frameworks are in place to protect health rights, and there is increasing recognition of systemic violations experienced by Roma. Essential to building on this momentum and closing the gap between standards and implementation is Roma ability to conduct legal advocacy. Since 2010, the Open Society Foundations has supported Roma engagement in Macedonia, Romania and Serbia in the following advocacy strategies: i) legal empowerment, ii) documentation and advocacy, iii) media ...


The Increasing Privatization Of Environmental Permitting, Jessica Owley Jan 2013

The Increasing Privatization Of Environmental Permitting, Jessica Owley

Articles

No abstract provided.


From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine Jan 2013

From Kansas To The Congo: Why Naming And Shaming Corporations Through The Dodd-Frank Act's Corporate Governance Disclosure Won't Solve A Human Rights Crisis, Marcia Narine

Articles

No abstract provided.


The Conventional Option, Gregory Koger, Sergio J. Campos Jan 2013

The Conventional Option, Gregory Koger, Sergio J. Campos

Articles

The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster agree that any filibuster reform would require extraordinary measures. In contrast to this consensus, this Article describes a method we call the "conventional option," which allows the filibuster to be reformed by a simple majority of senators at any time using ordinary Senate procedures. As we show below, a majority of senators using the conventional option (1) cannot be filibustered; (2) can act on any day the Senate is in session (not just at the beginning ...


Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos Jan 2013

Does The Individual Mandate Coerce?, Raphael Boleslavsky, Sergio J. Campos

Articles

The Patient Protection and Affordable Care Act includes an individual mandate that penalizes individuals who do not purchase health insurance. Critics of the individual mandate, including a majority of justices on the Supreme Court, contend that Congress cannot use its Commerce Clause power to coerce individuals to buy a product. Supporters concede that the mandate coerces but argue that it is otherwise permissible under the Commerce Clause. This article questions whether the individual mandate coerces. It uses a simple economic model to show that, under certain conditions, the individual mandate induces insurers to sell health insurance at a price each ...


Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein Jan 2013

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending ...


Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave Jan 2013

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

Articles

This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.


Who's Naughty And Who's Nice? Frictions, Screening, And Tax Law Design, Leigh Osofsky Jan 2013

Who's Naughty And Who's Nice? Frictions, Screening, And Tax Law Design, Leigh Osofsky

Articles

No abstract provided.


Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López Jan 2013

Representing Child Migrants (In The Midst Of Our Border Crisis), Caroline Bettinger-López

Articles

No abstract provided.


Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López Jan 2013

Comparative Pragmatism Versus Comparative Formalism In The Abortion Context, Caroline Bettinger-López

Articles

No abstract provided.


Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill Jan 2013

Exempt Entities As Government Contractors: Regulation Through Cooperative Federalism, Frances R. Hill

Articles

No abstract provided.


Colonizing Humanity, Kunal Parker Jan 2013

Colonizing Humanity, Kunal Parker

Articles

No abstract provided.


"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri Jan 2013

"He Is The Darkey With The Glasses On": Race Trials Revisited, Anthony V. Alfieri

Articles

No abstract provided.


Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri Jan 2013

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

Articles

No abstract provided.


Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig Jan 2013

Next Generation Civil Rights Lawyers: Race And Representation In The Age Of Identity Performance, Anthony V. Alfieri, Angela Onwuachi-Willig

Articles

This Book Review addresses two important new books, Professor Kenneth Mack's Representing the Race: The Creation of the Civil Rights Lawyer and Professors Devon Carbado and Mitu Gulati's Acting White? Rethinking Race in Post-Racial America, and utilizes their insights to both explore the challenges that face the next generation of civil rights lawyers and offer suggestions on how this next generation of civil rights lawyers can overcome these difficulties. Overall, this Book Review highlights one similarity in the roles of black civil rights attorneys past and present: the need for lawyers in both generations to perform their identities ...


Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri Jan 2013

Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri

Articles

No abstract provided.


The Fourth Amendment In The Information Age, Ricardo J. Bascuas Jan 2013

The Fourth Amendment In The Information Age, Ricardo J. Bascuas

Articles

In 2013, the Supreme Court tacitly conceded that the expectations-of-privacy test used since 1967 to assess claims of Fourth Amendment violations was inadequate. It asserted that the previous property-based test for Fourth Amendment violations had never despite widespread agreement to the contrary been overruled. The Court compounded its artfulness by applying a new, significantly weaker trespass test that, like the expectations-of-privacy test, enjoys no legal pedigree. This new trespass test, which is to be applied together with the expectations-of-privacy test, suffers from the same defect as the test it purportedly supplements. It does not require the government to respect private ...


Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley Jan 2013

Managing Global Supply Chains: Coca Cola And Sugar In Brazil, Caroline Bradley

Articles

No abstract provided.


From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley Jan 2013

From Global Financial Crisis To Sovereign Debt Crisis And Beyond: What Lies Ahead For The European Monetary Union?, Caroline Bradley

Articles

No abstract provided.


Class Actions All The Way Down, Sergio J. Campos Jan 2013

Class Actions All The Way Down, Sergio J. Campos

Articles

No abstract provided.


Back To The Future, Sergio J. Campos Jan 2013

Back To The Future, Sergio J. Campos

Articles

No abstract provided.


The Contraception Mandate, Caroline Mala Corbin Jan 2013

The Contraception Mandate, Caroline Mala Corbin

Articles

Under the new health care regime, health insurance plans must cover contraception. While religious employers are exempt from this requirement, religiously affiliated employers are not. Several have sued, claiming that the "contraception mandate" violates the Free Exercise Clause, the Free Speech Clause, and the Religious Freedom Restoration Act. This Essay explains why the contraception mandate violates none of them.


"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin Jan 2013

"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin

Articles

No abstract provided.


Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary Jan 2013

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

Articles

No abstract provided.