Law Commons^™

Is The Quest For Corporate Responsibility A Wild Goose Chase? The Story Of Lovenheim V. Iroquois Brands, Ltd., D. A. Jeremy Telman

Law Faculty Publications

Peter Lovenheim owned a small stake in Iroquois Brands, Ltd (Iroquois). He proposed that the corporation discontinue its distribution of one product, pâté de foie gras, because he objected to the treatment of the geese necessary to the production of the product. Under federal regulations, Iroquois was required to include such proposals in the proxy materials it sent out in advance of its annual shareholder meeting unless an exception applied. Iroquois Brands thought it could exclude the proposal because the product in question constituted a trivial part of its business. Lovenheim went to the District Court seeking an order requiring …

The Architecture Of Accreditation, Jay Conison

Law Faculty Publications

Accreditation systems can be analyzed in terms of the designer’s choices in three dimensions. One dimension is purpose of accreditation, where purpose may relate to program quality or quality of outcomes. The second dimension consists of types of accreditation norms used to achieve these purposes. There are five principal types of norms available in this dimension: process-quality norms, output norms, power allocation norms, self-determination norms, and consumer-protection norms. The third dimension consists of degree of regulation, which includes prescriptiveness or extensiveness of regulation. A sound accreditation system will make choices along each of these three dimensions. Understanding the range of …

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …

Mobile Legal Research: Do We Need An App For That?, Roger V. Skalbeck

Law Faculty Publications

A month after the conference, Thomson Reuters launched the WestlawNext iPad app. Current marketing touts mobile access to WestlawNext that is suitable on four major smartphone platforms. At right is a screen shot from the native iPad app as well as WestlawNext in Apple's Safari browser. The iPad app does not let you send documents to your Kindle, and in fact does not let you download or print items directly, as shown in the highlighted screen element in each.

Using this as a starting point, below I suggest arguments for and against using apps for mobile legal research. The focus …

Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones

Law Faculty Publications

No abstract provided.

Rescuing The Strong Precautionary Principle From Its Critics, Noah M. Sachs

Law Faculty Publications

The Strong Precautionary Principle, an approach to risk regulation that shifts the burden of proof on safety, can provide a valuable framework for preventing harm to human health and the environment. Cass Sunstein and other scholars, however, have consistently criticized the Principle, rejecting it as paralyzing, inflexible, and extreme.

In this reassessment of the Strong Precautionary Principle, I highlight the significant benefits of the Principle for risk decision making, with the aim of rescuing the Principle from its dismissive critics. The Principle sends a clear message that firms must research the health and environmental risks of their products, before harm …

Stones Of Hope: How African Activists Reclaim Human Rights To Challenge Global Poverty. Edited By Lucie E. White And Jeremy Perelman. Stanford, Ca:Stanford University Press, 2010 [Book Review], Dana Neacsu

Law Faculty Publications

This is a book review of Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty. Lucie E. White and Jeremy Perelman (eds.). Stanford, CA: Stanford University Press, 2010. PP.280. ISBN 9780804769198. US$70.00 International Journal of Legal Information, 39, pp. 101-103.

A Penguin's Defense Of The Doctrine Of Equivalents, Kristen Jakobsen Osenga

Law Faculty Publications

There is no dearth of commentary about the doctrine of equivalents in patent law. Many articles proclaim the doctrine's death, often noting its passage with unbridled delight. Some articles provide empirical evidence to support the assertion that the doctrine of equivalents is dead. Others simply yearn for the doctrine to fade from use, pointing out that no court has "articulated a convincing rationale" for the doctrine's continued use. But maybe these scholars have it wrong. It may be true that the instances of doctrine of equivalents analysis in patent cases are on the decline and successful outcomes based on the …

Filling The Fourth Circuit Vacancies, Carl W. Tobias

Law Faculty Publications

Federal judicial selection has become increasingly controversial. Allegations and recriminations, partisan division, and incessant paybacks have accompanied the appeals court appointments process for decades. These phenomena were pervasive in the administration of President George W. Bush as well as in nominations and confirmations to the United States Court of Appeals for the Fourth Circuit, particularly with respect to judgeships assigned to North Carolina.

The protracted vacancies have eroded the Fourth Circuit's delivery of justice, as operating without the fifteen circuit judges whom Congress authorized has exacted a toll. Across two and a half recent years, the court functioned absent a …

The New Energy Geopolitics?: China, Renewable Energy, And The "Greentech Race", Joel B. Eisen

Law Faculty Publications

The issue of China's support for renewables has taken center stage in the United States, thanks to an investigation by the United States Trade Representative (USTR) that commenced in October 2010. That investigation began with a complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization (WTO). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China. China has come very far in a short amount of time to promote renewables, and many feel the United States is falling …

The Dmca And Repeat Infringers, James Gibson

Law Faculty Publications

The recent agreement between big media companies and big Internet service providers (ISPs) concerning online copyright infringement has the law and technology world abuzz. ISPs like Comcast, Verizon, and Time Warner Cable have agreed to implement a system under which subscribers who repeatedly and illegally download copyrighted content will have their Internet access impeded and maybe even terminated.

This is big news, and it will probably receive more attention in this IP Viewpoints series. But the purpose of this column is to put this agreement in context, because much of what the companies have agreed to do appears to be …

Gray-Market Goods And Copyright's Gray Area, James Gibson

Law Faculty Publications

Copyright law generally gives authors no control over the aftermarket for their goods. Suppose I write a book, and I sell you a copy of it. You are free to resell the book, or lend it to a friend, or give it away. That’s because as long as your copy is “lawfully made under this title” (that is, made with my authorization under U.S. law), then copyright has nothing to say about its further distribution – who owns it, who sells it to whom, etc.

This notion is known as the first sale doctrine. It is so named because at …

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell

Law Faculty Publications

Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.

The Irony Of International Business Law: U.S. Progressivism And China's New Laissez Faire, Andrew B. Spalding

Law Faculty Publications

As the financial crisis draws U.S. business overseas and developing countries rise in influence, the regulation of international business has never figured so prominendy in federal law. But the dominant paradigm through which academics and policymakers continue to view that law-the so-called Washington Consensus-proves deeply misleading. A more accurate account of the components, origins, and aims of U.S. international business law reveals two striking ironies.

First, in discrete but critical ways, the United States no longer represents the comparatively laissez-faire approach to federal business regulation. Rather, owing to its origins in the Progressive Era, U.S. federal law directs corporations toward …

The Modern History Of Probable Cause, Wesley Macneil Oliver

Law Faculty Publications

We often assume that those who wrote the Constitution understood its terms in a way that bears at least some similarity to the way we understand those terms today. This assumption is essential to the legitimacy of using Framing Era sources to inform the meaning of Constitutional provisions that regulate this system. This assumption is incorrect for one of the most important terms in criminal procedure. Probable cause meant something very different to the Framers than it means to modem lawyers. Probable cause was, as a practical matter, often nothing more than a pleading requirement for victims or officers who …

The Present And Future Of Plea Bargaining: A Look At Missouri V. Frye And Lafler V. Cooper, Wesley Macneil Oliver

Law Faculty Publications

No abstract provided.