Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (6)
- Law and Society (3)
- Legal Ethics and Professional Responsibility (3)
- Legal Profession (3)
- Human Rights Law (2)
-
- Intellectual Property Law (2)
- Legal Education (2)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Environmental Law (1)
- International Law (1)
- International Trade Law (1)
- Internet Law (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Law and Psychology (1)
- Legal History (1)
- Litigation (1)
- Other Law (1)
- Science and Technology Law (1)
- State and Local Government Law (1)
- Keyword
-
- Industry standards (2)
- Law school curriculum (2)
- Patent royalties (2)
- Patents (2)
- Anti-discrimination norm (1)
-
- Antidiscrimination Statutes (1)
- Association of the City Bar of New York (1)
- Business judgment (1)
- Capital punishment (1)
- Chancery court (1)
- Community-Based Environmental Protection Initiative (1)
- Comparative race relations (1)
- Congress (1)
- Consciousness (1)
- Constitution (1)
- Contracts (1)
- Crime (1)
- Critical race theory (1)
- Cuba (1)
- Data (1)
- Deal protection (1)
- Deanship; feerick; law school; (1)
- Death penalty (1)
- Delaware (1)
- Devolved collaboration (1)
- Discrimination (1)
- District court; class action; task force; attorney fees (1)
- E-commerce; ebay; commercial transactions; internet (1)
- EPA (1)
- Eighth Amendment (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Faculty Scholarship
This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …
Inventions, Industry Standards, And Intellectual Property, Mark R. Patterson
Inventions, Industry Standards, And Intellectual Property, Mark R. Patterson
Faculty Scholarship
When an industry standard incorporates a patented invention, the demand for products that comply with the standard has two components. Some of the demand may be for the inherent technical advantages of the invention; the patentee is generally entitled to revenues attributable to this demand. But some of the demand is for the benefits of standardization, such as interoperability, and the patentee is not entitled to revenues attributable to this demand. From this point, the article draws two conclusions. First, the amounts to which a patentee is entitled, either in litigation or in licensing negotiations, should be calculated by determining …
Legal Ethics Must Be The Heart Of The Law School Curriculum Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Russell G. Pearce
Legal Ethics Must Be The Heart Of The Law School Curriculum Symposium: Recommitting To Teaching Legal Ethics- Shaping Our Teaching In A Changing World, Russell G. Pearce
Faculty Scholarship
Despite what seems to be far greater attention paid to the teaching of legal ethics than to any other law school subject, legal ethics remains no better than a second class subject in the eyes of students and faculty. This essay suggests that all efforts at innovation in legal ethics teaching are doomed to a marginal impact at best. Only recognition that legal ethics is the most important subject in the law school curriculum will lead to real and significant changes in the teaching of legal ethics. If the commitment of the legal profession and of legal academia to producing …
Maccrate's Missed Opportunity: The Maccrate Report's Failure To Advance Professional Values Symposium, Russell G. Pearce
Maccrate's Missed Opportunity: The Maccrate Report's Failure To Advance Professional Values Symposium, Russell G. Pearce
Faculty Scholarship
The 1992 Report of the Task Force on Law Schools and the Profession: Narrowing the Gap (the "Task Force"), Legal Education Professional Development - An Educational Continuum, popularly known as the MacCrate Report (the "Report"), was the most ambitious effort to reform legal education in the past generation. Some commentators have described the Report as "the greatest proposed paradigm shift in legal education since Langdell envisioned legal education as the pursuit of legal science through the case method in the late 19th century.” Although the Report sought to promote education in both lawyering skills and values, its major influence has …
Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley
Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley
Faculty Scholarship
Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
United States Human Rights Policy In The 21st Century In An Age Of Multilateralism Respondent, Catherine Powell
Faculty Scholarship
Professor Harold Koh's thoughtful article, A United States Human Rights Policy for the 21st Century, 46 ST. Louis U. L.J. 293 (2002), ends with the observation that "globalization has both sinister and constructive faces."' Indeed, we live in a world that is increasingly interdependent. Even some of those opposed to the project of globalization ironically depend on the tools of globalization to undermine it. Consider the terrorists who hijacked airplanes on September 11, 2001 and flew them into the World Trade Center and the Pentagon, killing thousands of innocent civilians from many different nations. The terrorists used the Internet and …
Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein
Don't Believe Everything You Think: Cognitive Bias In Legal Decision Making, Ian Weinstein
Faculty Scholarship
This article discusses the role of cognitive bias in legal decision making. Drawing on research in cognitive science and law, it explores the impact of cognitive bias on both lawyers and clients. These often subtle mental biases can lead to pervasive errors in decision making by causing us to ignore important information and make inaccurate predictions. They may lead a client to underestimate the risk of litigation. They may also lead a lawyer to miscategorize a client's value choice as a misjudgement of fact. The article offers illustrative stories of the impact of bias on both client and lawyer and …
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin
Faculty Scholarship
No abstract provided.
Third Circuit Task Force Report On Selection Of Class Counsel, Daniel J. Capra
Third Circuit Task Force Report On Selection Of Class Counsel, Daniel J. Capra
Faculty Scholarship
No abstract provided.
A Few Reflections On A Long Deanship, John D. Feerick
A Few Reflections On A Long Deanship, John D. Feerick
Faculty Scholarship
No abstract provided.
The Most Dangerous Branch, Martin S. Flaherty
The Most Dangerous Branch, Martin S. Flaherty
Faculty Scholarship
No abstract provided.
E-Reputation: Building Trust In Electronic Commerce, Susan Block-Lieb
E-Reputation: Building Trust In Electronic Commerce, Susan Block-Lieb
Faculty Scholarship
No abstract provided.
The Intersection Of Religion, Race, Class, And Ethnicity In Community Conflict, Jacqueline Nolan-Haley
The Intersection Of Religion, Race, Class, And Ethnicity In Community Conflict, Jacqueline Nolan-Haley
Faculty Scholarship
No abstract provided.
Unrealized Torts, Benjamin C. Zipursky, John C.P. Goldberg
Unrealized Torts, Benjamin C. Zipursky, John C.P. Goldberg
Faculty Scholarship
No abstract provided.
The Real Properties Of Contract Law, Michael Madison
The Real Properties Of Contract Law, Michael Madison
Faculty Scholarship
No abstract provided.
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez
Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez
Faculty Scholarship
Studies consistently demonstrate that the act of judging is influenced by judges personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies.' In addition, research on the U.S. chief justice's distribution of opinion assignments also suggests that ideology plays a role inasmuch as those justices whose preferences are more closely aligned with the chief justice will be assigned to author opinions. Furthermore, empirical research indicates that the influence of ideology on judges also extends to federal appellate court judges in race relations …
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Privacy Wrongs In Search Of Remedies, Joel R. Reidenberg
Faculty Scholarship
The American legal system has generally rejected legal rights for data privacy and relies instead on market self-regulation and the litigation process to establish norms of appropriate behavior in society. Information privacy is protected only through an amalgam of narrowly targeted rules. The aggregation of these specific rights leaves many significant gaps and fewer clear remedies for violations of fair information practices. With an absence of well-established legal rights, privacy wrongs are currently in search of remedies. This Article first describes privacy rights and wrongs that frame the search for remedies in the United States. It explores public enforcement of, …
Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith
Deal Protection Provisions In The Last Period Of Play , Sean J. Griffith
Faculty Scholarship
The ability to protect mergers is important to both targets and acquirors. A series of recent Chancery Court decisions, however, challenges the validity of deal protection provisions in merger agreements and threatens the stability of Delaware's established change of control paradigm. This article argues that last period concerns animate the Chancery Court's decisions and finds, in the last period problem, a theoretical principle capable of harmonizing these decisions with existing jurisprudence and providing a coherent approach to the practical problems raised by deal protection provisions.
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Redeeming The Welshed Guarantee: A Scheme For Achieving Justiciability, Ethan J. Leib
Faculty Scholarship
In this article, I suggest that Congress re-pass its progressive legislation under the jurisdictional basis of its Guarantee Clause power. While arguments for justiciability continue to be made, a pragmatic way to achieve it has not been spelled out. Part II will lay out versions of republicanism I hope to see discussed in the context of the Guarantee Clause. Part III will explore republicanism's excessive attention on the courts, recommending the aforementioned approach of Jeremy Waldron. Part IV will briefly suggest how some of the legislation recently curtailed by the Supreme Court might be justified under a theory of legislative, …
Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno
Crime And Consciousness: Science And Involuntary Acts , Deborah W. Denno
Faculty Scholarship
This Article confronts this clash between legal and scientific perspectives on consciousness by proposing new ways to structure the voluntary act requirement so that it incorporates the insights of modern science on the human mind. Part I examines the criminal law's voluntary act requirement, particularly in the context of the MPC's influential provision, which reflects the law and psychology of the era in which the MPC was originally developed--the 1950s. Part II analyzes the new science of “consciousness,” a term that typically refers to the sum of a person's thoughts, feelings, and sensations, as well as the everyday circumstances and …
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
This article discusses the paradoxical motivations and problems behind legislative changes from one method of execution to the next, and particularly moves from electrocution to lethal injection. This article first examines the constitutionality of electrocution, contending that a modern Eighth Amendment analysis of a range of factors, such as legislative trends toward lethal injection, indicates that electrocution is cruel and unusual. It then provides an Eighth Amendment review of lethal injection, demonstrating that injection also involves unnecessary pain, the risk of such pain, and a loss of dignity. The article next presents the author's study of the most current protocols …
World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster
World Trade Organization's Anti-Discrimination Jurisprudence: Free Trade, National Sovereignty, And Environmental Health In The Balance, The , Ari Afilalo, Sheila Foster
Faculty Scholarship
A discussion of how the World Trade Organization (WTO) resolves disputes centering on the tension between the free trade commit ment of the General Agreement on the Tariffs and Trade (GATT) and domestic policies regarding such matters as environmental, health, consumer, and labor protection. This article describes this evolving jurisprudential framework and the cases that comprise it, and illustrates how this framework articulates and applies an anti-discrimination norm that pervades the GATT. If properly articulated and applied, we argue, the anti-discrimination jurisprudence of the WTO will foster the trade interests that underlie the GATT up to the point where the …
Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster
Environmental Justice In An Era Of Devolved Collaboration , Sheila R. Foster
Faculty Scholarship
Environmental decision-making is undergoing a profound shift. Traditional forums and processes are being displaced by mechanisms emphasizing local, "place-based" decision-making. These emerging decision-making mechanisms are orchestrated through collaborative processes featuring stakeholders from both the public and private sectors. This transformation is evident in a number of recent governmental initiatives, including those by the Environmental Protection Agency ("EPA"), most notably its Community-Based Environmental Protection ("CBEP") initiative. Other federal agencies, particularly those with land or species management responsibilities, have similarly advocated a greater role for local decision-makers and collaborative problem-solving. This Article examines the points of convergence and divergence between devolved collaboration …
From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster
From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster
Faculty Scholarship
Consider two remarkable places: Harlem, New York and Old Havana, Cuba. These are two different neighborhoods, cities, countries, political systems, economies, and cultures. Yet these two neighborhoods are bound together by a common phenomenon unlimited by geography or differences in political and economic systems. The global prosperity of the last two decades has created historic opportunities to usher in development and revitalization efforts in neglected urban areas across the world! Governments, along with the private sector, have moved capital back to cities or neighborhoods that became endangered from years of disinvestment, lack of economic opportunities, and inadequate access to essential …
On The Path To Inclusion, John D. Feerick
On The Path To Inclusion, John D. Feerick
Faculty Scholarship
It is an honor for me to be invited to address you at this Annual Luncheon. You have worked hard to bring opportunities to members of the minority community. You have made possible the realization of many aspirations while continuing the struggle toward equal opportunity for all people.* Thirty-nine years ago, Martin Luther King, Jr., spoke to the soul of the nation, sharing his vision of an America that would "one day...rise up and live out the true meaning of its creed-'We hold these truths to be self evident, that all [persons] are created equal." His idea and the opportunity …
Appendixes Two And Three, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electrocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
Appendixes Two and Three are the second and third of three appendixes that follow the article, "When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us." Appendix Two details state trends in execution methods from 1800-2001. Appendix Three provides edited lethal injection protocols for the thirty-six states the article studied in 2001. Appendixes Two and Three should be examined in conjunction with Appendix One.
Appendix One, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electrocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Appendix One, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses Of Electrocution And Lethal Injection And What It Says About Us, Deborah W. Denno
Faculty Scholarship
Appendix One is the first of three appendixes that follow the article, When Legislatures Delegate Death: The Troubling Paradox Behind State Uses of Electrocution and Lethal Injection and What It Says About Us. Appendix One contains twenty tables detailing a range of information, including the following: the methods of execution by state, the numbers of electrocutions and lethal injections, botched electrocutions and lethal injections, types of lethal injection statutes, types of lethal injection chemical combinations, quantities of lethal injection chemicals, last meal and time of execution, the number and qualifications of executioners, the involvement of medical personnel, problem prevention procedures …
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Antitrust And The Costs Of Standard-Setting: A Commentary On Teece & (And) Sherry Symposium: The Interface Between Intellectual Property Law And Antitrust Law: Commentary, Mark R. Patterson
Faculty Scholarship
The creation of an industry standard is a process that has much in common with the creation of a patented invention. Indeed, if standards are not patentable, it is only because of certain doctrinal peculiarities of patent law. It is therefore important to preserve the incentives for organizations to incur the costs of standard-setting activity, so that society may gain the benefits of the resulting standards. The law can preserve those incentives by treating the contributions of industry standards as distinct from those of inventions that are incorporated in them. More specifically, antitrust law should ensure that the patentees of …
Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins
Job Segregation, Gender Blindness, And Employee Agency Symposium: Law, Labor, And Gender - New Perspectives On Labor And Gender, Tracy E. Higgins
Faculty Scholarship
Almost forty years after the enactment of Title VII, women's struggle for equality in the workplace continues. Although Title VII was intended to "break[] down old patterns of segregation and hierarchy," the American workplace remains largely gender-segregated. Indeed, more than one-third of all women workers are employed in occupations in which the percentage of women exceeds 80%. Even in disciplines in which women have made gains, top status (and top paying) jobs remain male-dominated while the lower status jobs are filled by women. This pattern of gender segregation, in turn, accounts for a substantial part of the persistent wage gap …
Pioneering The Lens Of Comparative Race Relations In Law: A. Leon Higginbotham, Jr. As A Model Of Scholarly Activism Symposium: Race, Values, And The American Legal Process - A Tribute To A. Leon Higginbotham, Jr., Tanya K. Hernandez
Faculty Scholarship
Judge A. Leon Higginbotham, Jr.'s scholarly legacy is one that continues to provide guidance for civil rights activism in the American legal process today. While the Judge's work as a legal scholar is justifiably lauded for its significant contribution to the development of a legal history of slavery and its consequences in the United States, his work also serves another significant role for legal scholars. I refer to Judge Higginbotham's pioneering use of comparative race relations in legal scholarship. In his examination of the South African racial context, the Judge methodically demonstrated the commonalities between the United States and South …