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Journal Articles

2010

Discipline
Institution
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Articles 1 - 30 of 196

Full-Text Articles in Law

The Illusory Right To Abandon, Eduardo Peñalver Nov 2010

The Illusory Right To Abandon, Eduardo Peñalver

Journal Articles

The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law's concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however due ...


Hidden In Plain View: Legal Geography From A Visual Perspective, Irus Braverman Oct 2010

Hidden In Plain View: Legal Geography From A Visual Perspective, Irus Braverman

Journal Articles

Law, with a capital “L” at least, is not particularly fond of hiding itself. In order to be effective, law must be asserted in the world; it must be acknowledged; and, most importantly, it must be visually seen. Why, then, would law hide itself in space? And, perhaps more importantly, how would it do so? And why would such hidden places of law be of importance to us? This paper explores the dual project of seeing and concealing within the context of legal geography. It examines how law sees the physical landscape and how it is seen from a spatial ...


Immigration As Urban Policy, Rick Su Oct 2010

Immigration As Urban Policy, Rick Su

Journal Articles

Immigration has done more to shape the physical and social landscape of many of America’s largest cities than almost any other economic or cultural force. Indeed, immigration is so central to urban development in the United States that it is a wonder why immigration is not explicitly discussed as an aspect of urban policy. Yet in the national conversation over immigration, one would strain to hear it described in this manner. This essay addresses this oversight by making the case for a reorientation of immigration toward urban policy; and it does so by advocating for an immigration regime that ...


Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller Oct 2010

Lessons Learned, Lessons Lost: Immigration Enforcement's Failed Experiment With Penal Severity, Teresa A. Miller

Journal Articles

This article traces the evolution of “get tough” sentencing and corrections policies that were touted as the solution to a criminal justice system widely viewed as “broken” in the mid-1970s. It draws parallels to the adoption some twenty years later of harsh, punitive policies in the immigration enforcement system to address perceptions that it is similarly “broken,” policies that have embraced the theories, objectives and tools of criminal punishment, and caused the two systems to converge. In discussing the myriad of harms that have resulted from the convergence of these two systems, and the criminal justice system’s recent shift ...


Rights, Privileges, And Access To Information, Alina Ng Oct 2010

Rights, Privileges, And Access To Information, Alina Ng

Journal Articles

Protecting property rights in creative works represents a classic institutional approach to the specific economic problems of nonrivalness and non-excludability of information. By providing the copyright owner with an enforceable right against non-paying members of society, copyright laws encourage the production and dissemination of literary and artistic works to society for educational purposes. Implicit in the grant of property rights is the assumption that commercial incentives foster creative activity and productivity. In recent years, literary and artistic works have increasingly become the subject matter of exclusive property rights and control, particularly as emerging technologies provide users of creative works with ...


Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco Oct 2010

Retribution And The Experience Of Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Journal Articles

No abstract provided.


Governing With Clean Hands: Automated Public Toilets And Sanitary Surveillance, Irus Braverman Sep 2010

Governing With Clean Hands: Automated Public Toilets And Sanitary Surveillance, Irus Braverman

Journal Articles

To anyone familiar with the story of urban decay in major American cities in the 1980s – and with the subsequent abolition of toilets from city streets – the introduction of automated public toilets (APTs) to urban spaces sounds like very good news. This article explores the re-democratizing message that commonly accompanies the introduction of APTs to North American city streets as well as their on-the-ground manifestations. It focuses on two major components of APTs: privatization and automation. The process of privatization, which characterizes most APT operations in North America, carries with it various exclusionary effects that stand in stark contrast to ...


Welfare As Happiness, Jonathan Masur, John Bronsteen, Christopher Buccafusco Aug 2010

Welfare As Happiness, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Journal Articles

No abstract provided.


Advertising And Social Identity, Mark Bartholomew Jul 2010

Advertising And Social Identity, Mark Bartholomew

Journal Articles

This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on ...


Happy Talk And The Stock Market, David A. Westbrook Jun 2010

Happy Talk And The Stock Market, David A. Westbrook

Journal Articles

No abstract provided.


Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Richard A. Posner Jun 2010

Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Richard A. Posner

Journal Articles

No abstract provided.


The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renee Mcdonald Hutchins May 2010

The Anatomy Of A Search: Intrusiveness And The Fourth Amendment, Renee Mcdonald Hutchins

Journal Articles

For more than two months beginning in late December of 2005, police officers in New York State continuously monitored the location and movements of Scott Weaver's van using a surreptitiously attached global positioning system ("GPS") device, known as a "Qball."' The reason Weaver was targeted for police surveillance has never been disclosed. 2 In addition, law enforcement made no attempt to justify the heightened scrutiny of Weaver by seeking the pre-authorization of a warrant from a neutral magistrate.3 Rather, for sixty-five days, the police subjected Weaver to intense surveillance without oversight, interruption, or explanation. 4 More than a ...


The Authority For Federalism: Madison's Negative And The Origins Of Federal Ideology, Alison Lacroix May 2010

The Authority For Federalism: Madison's Negative And The Origins Of Federal Ideology, Alison Lacroix

Journal Articles

No abstract provided.


The Institutional Dynamics Of Transition Relief, Jonathan Masur, Jonathan Remy Nash May 2010

The Institutional Dynamics Of Transition Relief, Jonathan Masur, Jonathan Remy Nash

Journal Articles

Whether and how to provide transition relief from a change in legal regime is a question of critical importance. Legislatures and agencies effect changes to the law constantly, and affected private actors often seek relief from those changes, at least in the short term. Scholarship on transition relief therefore has focused almost entirely on examining when transition relief might be justified and now recognizes that there may be settings where relief from legal transitions is appropriate. Yet largely absent from these treatments is an answer to the question of which institutional actor is best positioned to decide when legal transition ...


Tragedy, Law, And Rethinking Our Financial Markets, David A. Westbrook Mar 2010

Tragedy, Law, And Rethinking Our Financial Markets, David A. Westbrook

Journal Articles

No abstract provided.


The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen Mar 2010

The Significance Of Signatures: Why The Framers Signed The Constitution And What They Meant By Doing So, Michael Coenen

Journal Articles

The signing of the U.S. Constitution is traditionally understood as the closing act of the Constitutional Convention. This Note provides an alternative account, one that understands the Constitution’s signing as the opening act of the ratification campaign that followed in the Convention’s wake. To begin, the Note explains the signatures’ ambiguous form as the product of political maneuvering designed to win support for the Constitution during ratification. The Note then hypothesizes two ways in which the signatures may have helped to secure this support: (1) by highlighting pro-Constitution selling-points likely to resonate with the ratifying public; and ...


Women Lawyers, Women’S Rights In Senegal: The Association Of Senegalese Women Lawyers, Judy Scales-Trent Feb 2010

Women Lawyers, Women’S Rights In Senegal: The Association Of Senegalese Women Lawyers, Judy Scales-Trent

Journal Articles

L'Association des Femmes Juristes Sénégalaises (The Association of Senegalese Women Lawyers) has been working to improve the lives of women in Senegal for almost forty years. In a predominantly Muslim country where most women do not even attend high school, these women have used their legal skills to make change. With little money, no paid attorneys on staff, and using a borrowed room in a law firm as an office, they have successfully pushed the government to make positive changes in the Family Code and other laws and have played an important role in the development of human rights ...


What Tort Theory Tells Us About Federal Preemption: The Tragic Saga Of Wyeth V. Levine, Richard A. Epstein Feb 2010

What Tort Theory Tells Us About Federal Preemption: The Tragic Saga Of Wyeth V. Levine, Richard A. Epstein

Journal Articles

No abstract provided.


Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan Jan 2010

Closing The Loop On Guantanamo, Scott Sullivan, Joshua Colangelo-Bryan

Journal Articles

No abstract provided.


Under Pressure: Rethinking Externships In A Bleak Economy, Robert Lancaster, Cynthia Baker Jan 2010

Under Pressure: Rethinking Externships In A Bleak Economy, Robert Lancaster, Cynthia Baker

Journal Articles

No abstract provided.


Honoring International Obligations In U.S. Trademark Law: How The Lanham Act Protects Well-Known Foreign Marks (And Why The Second Circuit Was Wrong), Lee Ann Lockridge Jan 2010

Honoring International Obligations In U.S. Trademark Law: How The Lanham Act Protects Well-Known Foreign Marks (And Why The Second Circuit Was Wrong), Lee Ann Lockridge

Journal Articles

No abstract provided.


Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William R. Corbett Jan 2010

Babbling About Employment Discrimination Law: Does The Builder Understand The Blueprint For The Great Tower?, William R. Corbett

Journal Articles

The article focuses on the U.S. Supreme Court’s recent decision in which the Court held that a plaintiff asserting an intentional age discrimination claim cannot avail himself of the mixed-motives proof structure and instead must prove but-for causation. Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (2009). The decision was controversial, and it has provoked calls for a legislative response. My article considers Gross from two perspectives. First, Gross is the second Supreme Court decision, following Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003), to interpret the effects of the Civil Rights Act of ...


Evolving Viruses And Stagnant Public Health Policies: Flu, Fear, And Free Riders, Edward P. Richards Jan 2010

Evolving Viruses And Stagnant Public Health Policies: Flu, Fear, And Free Riders, Edward P. Richards

Journal Articles

No abstract provided.


The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch Jan 2010

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch

Journal Articles

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard.

These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the ...


The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall Jan 2010

The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall

Journal Articles

No abstract provided.


"Cricket On The Hearth": Edward Douglass White And The Constitution, Paul R. Baier Jan 2010

"Cricket On The Hearth": Edward Douglass White And The Constitution, Paul R. Baier

Journal Articles

No abstract provided.


When Is A Use In Commerce A Noncommercial Use?, Lee Ann Lockridge Jan 2010

When Is A Use In Commerce A Noncommercial Use?, Lee Ann Lockridge

Journal Articles

When is a use in commerce a noncommercial use? This question may sound like the opening for a ridiculous legal riddle, but it is a real conundrum in trademark dilution law. The current federal dilution statute, section 43(c) of the Lanham Act, creates liability based on the "use of a mark or trade name in commerce," when that use is likely to blur or tarnish a famous mark. At the same time, the statute characterizes certain activities as nonactionable "exclusions," including 'any noncommercial use of a mark." So the use of a mark in commerce can be a noncommercial ...


Some Thoughts On Chuck Lorre: "Bad Words" And "The Raging Paranoia Of Our Network Censors", Christine Corcos Jan 2010

Some Thoughts On Chuck Lorre: "Bad Words" And "The Raging Paranoia Of Our Network Censors", Christine Corcos

Journal Articles

No abstract provided.


Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter Jan 2010

Rethinking Contractual Limits On Fiduciary Duties, Christina M. Sautter

Journal Articles

The recent financial crisis has placed a renewed focus on completion risk in the world of mergers and acquisitions. Dealmakers have increasingly attempted to control for such risks by altering merger agreement provisions to achieve a greater level of deal certainty. This Article addresses one such provision – the merger recommendation covenant and its related fiduciary out. The purpose of the merger recommendation fiduciary out is to address a tension created by two fundamental precepts arising under corporate law and contract law – a board of director’s duties to the corporation and its stockholders versus the binding covenants of a merger ...


Private Force/Public Goods, Scott M. Sullivan Jan 2010

Private Force/Public Goods, Scott M. Sullivan

Journal Articles

This Article rethinks the benefits and dangers of private force in war. It shows that privatization must be viewed within the special requirements and confines of national security policy making and weighed against available alternatives. Contrary to academic and mainstream conventional wisdom, this Article concludes that national security privatization comports well with core constitutional and democratic principles and offers greater transparency and democratic control than commonly understood. Moreover, this Article argues that the American use of privatized force reflects and accomplishes normative and democratic commitments of international and domestic law that would be impossible to replicate through other policy avenues.