Law Commons^™

Origins And Meanings Of The Public Domain, Tyler T. Ochoa

Faculty Publications

This article surveys the history and development of the public domain in intellectual property law. The public domain has existed since time immemorial, and was first recognized in the Statute of Monopolies and the Statute of Anne, which placed time limits on patents and copyrights, after which the invention or work could be copied freely by anyone. The concept was enshrined in the U.S.Constitution and reflected in American patent and copyright laws. Before 1896, courts referred to matter not protected by patent or copyright law as "public property" or "common property. " In 1896,the U.S. Supreme Court imported the term …

Tribute To Justice Stanley Mosk, Gerald F. Uelmen

Faculty Publications

No abstract provided.

The Form And Substance Of Environmental Justice: The Challenge Of Title Vi Of The Civil Rights Act Of 1964 For Environmental Regulation, Tseming Yang

Faculty Publications

No abstract provided.

Melding Civil Rights And Environmentalism: Finding Environmental Justice's Place In Environmental Regulation, Tseming Yang

Faculty Publications

No abstract provided.

Uncertain Justice: Liability Of Multinationals Under The Alien Tort Claims Act, Courtney Huizar

Faculty Publications

No abstract provided.

Lone Wolf V. Hitchcock: A Little Haiku Essay On A Missed Constitutional Moment, Frank Pommersheim

Faculty Publications

No abstract provided.

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.

Making Sense Of Bush V. Gore, Jonathan Van Patten

Faculty Publications

No abstract provided.

Director Communications And The Uneasy Relationship Between The Fiduciary Duty Of Disclosure And The Anti-Fraud Provisions Of The Federal Securities Laws, Jennifer O'Hare

Faculty Publications

No abstract provided.

Racial Discrimination And The Relationship Between The Directorial Duty Of Care And Corporate Disclosure, Cheryl L. Wade

Faculty Publications

(Excerpt)

Two corporate employers paid settlements of seismic proportions to minority employees alleging race discrimination in recent years. In 1996, Texaco settled a class action alleging race discrimination for $176 million, and in 2000, Coca-Cola settled race discrimination litigation for $192.5 million. The terms of both settlements required the insertion of outside auditors into typically internal and private corporate governance decisions, and the creation of governance processes designed to investigate and monitor compliance with laws prohibiting race discrimination. In this article I conclude that the settlements mandate managerial and directorial conduct that should have been undertaken when the charges of …

Wielding Ockham’S Knitting Needles, Neil Fulton

Faculty Publications

No abstract provided.

Are Employee Appraisals Making The Grade? A Basic Primer And Illustrative Application Of Federal Private Employment Discrimination Law, Thomas Geu

Faculty Publications

No abstract provided.

Toward A Great Sioux Nation Judicial Support Center And Supreme Court: An Interim Planning And Recommendation Report For The Wakpa Sica Historical Society’S Reconciliation Place Project, Frank Pommersheim, John Lavelle

Faculty Publications

No abstract provided.

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Faculty Publications

No abstract provided.

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.

Panel Ii: Natural Resources, Economics, And The Environment: Global Issues Facing Native Communities [Panel Discussion], Frank Pommersheim

Faculty Publications

No abstract provided.

South Dakota’S Disability Discrimination Laws: Limits And Vantages, Tom Simmons

Faculty Publications

No abstract provided.

The Lives Of John Marshall, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes’ Applicability To Health Insurance, Sharona Hoffman

Faculty Publications

Traditionally, health insurers have enjoyed the freedom to determine their own terms of coverage, to decide to what extent, if any, patients should be reimbursed for different kinds of treatment, and to establish premium prices. Health insurers typically deny coverage for speech therapy, eye glasses, hearing aids, most foot care, and treatment for infertility. Many insurance providers also exclude or severely limit coverage for mental health, dental care, AIDS, diabetes mellitus, morbid obesity, epilepsy, and alcoholism or drug abuse. Therefore, while some Americans enjoy full coverage for all their health needs, others who have insurance and suffer from serious or …

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Judicial Selection And Political Culture, Jonathan L. Entin

Faculty Publications

This article proceeds in four stages. Part I examines the major rulings, relating to tort reform and school funding, that prompted the harsh and expensive Ohio campaign. Part II compares the process for appointing federal judges, particularly Supreme Court justices, which has also become notably contentious over the past three decades. Part III discusses the trend away from strict limitations on campaign speech by judicial candidates, which combined with the expansive protections afforded to independent expenditures in election campaigns will facilitate sharp rhetoric by those inclined in that direction. Finally, Part IV assesses the prospects for elevating the level of …

Comment On The Age Discrimination Example, Dale A. Nance

Faculty Publications

Comment on the Federal Judicial Coneter's Research Divission's protorype for computer assisted education of judges with regard to the statistical analysis of evidence.

The Rise And Fall Of Promissory Estoppel Or Is Promissory Estoppel Really As Unsuccessful As Scholars Say It Is: A New Look At The Data, Juliet P. Kostritsky

Faculty Publications

This article makes important contributions to the field of empirical promissory estoppel scholarship. First it challenges recent empirical scholarship (by Professors Robert Hillman and Sidney De Long in the 1998 and 1997 Columbia and Wisconsin law reviews). Their scholarship had challenged the view of the vast majority of American Contracts scholarship by proclaiming promissory estoppel to be an unimportant doctrine based on low win rates of tried cases. My article challenges this new orthodoxy based on a comprehensive five year survey of cases. It concludes that it is too soon to announce the death of promissory estoppel and that promissory …

Judicial Review And Global Federalism, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

At War With Civil Rights And Civil Liberties, Thomas E. Baker

Faculty Publications

This essay looks at the Supreme Court and acquiescence to measures by the Executive Branch that limit or suspend civil liberties during times of war or threats to national security.

Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román

Faculty Publications

The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …

Clarence Thomas: The First Ten Years Looking For Consistency, Mark C. Niles

Faculty Publications

(Excerpt)

Ten years ago, when George Herbert Walker Bush nominated Clarence Thomas to replace Thurgood Marshall as an Associate Justice of the United States Supreme Court, I, like many Americans and most lawyers, waited with interest to hear information about this soon-to-be-powerful man. I had a vague recollection from my recent law school days of hearing about a young, conservative, black federal judge who might be inline for a nomination to the Court. This vague reference was all that I had heard of Clarence Thomas prior to the Fall of 1991.

When stories about Thomas began to appear in the …

Providing Structure To Law Students — Introducing The Programmed Learning Sequence As An Instructional Tool, Robin A. Boyle, Lynne Dolle

Faculty Publications

(Excerpt)

In the past few decades, legal academics have spawned writings about changing law school teaching methods from the traditional Socratic and case method to alternative approaches. Some of these authors encourage law professors to be aware of individual differences among students. Yet there has been little empirical research conducted in law schools concerning the effectiveness of teaching students according to their individual learning styles. "Learning styles" refers to the ways in which individuals "begin [ ] to concentrate on, process, [internalize,] and [remember] new and difficult [academic] information" or skills. The absence of learning-styles research in law schools spurred …

On The Hijacking Of Airplanes (And Agencies): The Faa, "Agency Capture," And Airline Security, Mark C. Niles

Faculty Publications

(Excerpt)

On September 11, 2001, millions of Americans watched in awe and horror as over a period of less than two hours, a succession of commercial airliners crashed first into the two World Trade Center towers in New York City, and then into the Pentagon in suburban Virginia. As government officials and news organizations scrambled in the first hours after the events to gather information, possible explanations for the crashes were offered. One theory was the obvious assumption that the planes had all been hijacked by "terrorists" using some kind of weapons (guns, bombs) that had presumably been smuggled onto …