Law Commons^™

Don't Burst The Bubble: An Analysis Of The First-Time Homebuyer Credit And Its Use As An Economic Policy Tool, 45 J. Marshall L. Rev. 23 (2011), Sarah Webber

Sarah J Webber

No abstract provided.

We Are All Cyborgs Now: A Cognitive Theory Of The Third-Party Doctrine, H. Brian Holland

H. Brian Holland

No abstract provided.

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.

Graveyard Of Reputations: Writing Institutional History, Daniel R. Coquillette

Daniel R. Coquillette

Legal Aspects Of Special Events, Terri Helge

Terri L. Helge

Do The Right Thing:, Julia Mclaughlin

Julia Halloran McLaughlin

This Article focuses on one isolated group of undocumented and unaccompanied children in relation to one provision of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”). Section 235 sets forth the procedural and substantive rights of all unaccompanied and undocumented children (“unaccompanied children”) who cross a U.S. border without proper papers and without a parent or guardian. Although section 235 of TVPRA is but one tiny sliver of an expansive body of immigration law in the United States, it raises legal questions related to the constitutional rights of inadmissible children. This Article explores the legal rights of …

"Originalism" In Magna Carta, Augusto Zimmerman

Augusto Zimmerman

No abstract provided.

How Delaware Law Made Appeal To Revive Gm Ignition Switch Suit A Non-Starter, Paul Regan

Paul L Regan

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

Beyond The Call Of Duty: Why Shouldn't Video Game Players Face The Same Dilemmas As Real Soldiers?, Ben Clarke, Christian Rouffaer, Francois Senechaud

Ben Clarke

Video games are influencing users’ perceptions about what soldiers are permitted to do during war. They may also be influencing the way combatants actually behave during today’s armed conflicts. While highly entertaining escapism for millions of players, some video games create the impression that prohibited acts, such as torture and extrajudicial killing are standard behaviour. The authors argue that further integration of international humanitarian law (IHL) can improve knowledge of the rules of war among millions of players, including aspiring recruits and deployed soldiers. This, in turn, offers the promise of greater respect for IHL on tomorrow’s battlefields.

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

William R. Corbett

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …

Globalization Of Lawyers, Judith Mcmorrow

Judith A. McMorrow

Tabet V Gett: The End Of Loss Of Chance Actions In Australia?, Greg Walsh, Anna Walsh

Greg Walsh

This article critically analyses the recent High Court decision in Tabet v Gett (2010) 84 ALJR 292; [2010] HCA 12 which considered whether a person should be able to obtain compensation on the basis of a loss of a chance of a better medical outcome. The appellant argued that the High Court should regard a plaintiff as entitled to compensation when a breach by a defendant of their duty of care causes the plaintiff to lose a possibility, but not a probability, of a better medical outcome. The High Court held that it was not possible for a person in …

The Right To Equality And The Employment Decisions Of Religious Schools, Greg Walsh

Greg Walsh

Under the Anti-Discrimination Act 1977 (NSW) religious schools are provided with an exception from the operation of the Act in relation to their employment decisions. This article evaluates the merits of the legal protections provided to religious schools by specifically focusing on the extent to which the provisions are consistent with the right to equality. Although there are a range of other considerations relevant in determining the merits of the provisions a specific focus on the right to equality is appropriate considering the significance of the right in anti-discrimination legislation. The article explores the extent to which the provisions may …

Political Protections Of Fundamental Rights As A Means Of Mitigating The Weaknesses Of Legal Protections, Lara Pratt

Lara Pratt

The purpose of this paper is to highlight the important role of political protections of fundamental rights. The paper acknowledges that legal protections as a way of protecting rights against legislative encroachment, have definite strengths – in particular the court provides an determination as to the rights-compatibility of challenged legislation (whatever the consequence of such a determination may be), it offers authoritative interpretations of rights and provides a forum in which victims of (alleged) rights violations can challenge the legislation. However, at the same time, this paper points out that these strengths necessarily bring with them certain weaknesses – the …

How To Negotiate Better Than Donald Trump, Peter R. Reilly

Peter R. Reilly

No abstract provided.

Copyright’S Excess, Glynn Lunney

Glynn Lunney

No abstract provided.

Inaction On The Second Amendment, Lynne H. Rambo

Lynne H. Rambo

No abstract provided.

Should Australian Courts Give More Witnesses The Right To Skype?, Marilyn Krawitz, Justine Howard

Marilyn Krawitz

Millions of people use Skype, a common form of social media that permitspeople to talk to each other over the internet. Courts in Australia havepermitted witnesses in at least a few instances to testify by Skype to date. Thisarticle examines whether Australian courts should permit witnesses to testifyby Skype more often. The article considers using videoconferencing, asopposed to Skype, and security issues associated with Skype. It alsoconsiders the impact that Skype may have upon considering witness credibility.Ultimately, it argues that Australian judicial officers may want to considerpermitting witnesses to testify by Skype if testifying by videoconference is notpossible, on a …

Professional Integrity: Thinking Ethically, Michael Pritchard

Michael Pritchard

Discussions of professional ethics tend to emphasize what not to do. Why, Michael Pritchard asks, should they not also consider the ethical heights to which professionals should aspire?Pritchard, who has taught professional ethics for more than twenty-five years, here explores the interplay of virtues, ideals, and moral rules in everyday life and the professions. In elegant prose, he emphasizes the positive dimension of professional ethics-actions that thoughtful, conscientious people ought to perceive and pursue in their careers.As Pritchard observes, problems of professional ethics originate in an increasingly specialized society where few people are able to evaluate, let alone discredit, the …

Fair Housing In The 1990'S: An Overview Of Recent Developments And Prognosis Of Their Impact, 22 J. Marshall L. Rev. 421 (1989), F. Caruso, William Jones

F. Willis Caruso

No abstract provided.

Fair Housing Modifications And Accommodations In The '90s, 29 J. Marshall L. Rev. 331 (1996), F. Caruso

F. Willis Caruso

No abstract provided.

Ksr V. Teleflex: How “Obviousness” Has Changed, Daniel Becker

Daniel P. Becker

In KSR v. Teleflex, the Supreme Court examined the Federal Circuit's obviousness jurisprudence for patents. Both prior to and in this case, the Federal Circuit rigidly applied its judicially created "teaching, suggestion, or motivation" (TSM) test to determine whether the prior art would direct an inventor of ordinary skill in the art to combine references or elements in references in the same way as the patentee did. The Supreme Court, however, reversed the decision of the Federal Circuit, and held that by applying the TSM test in such a strict manner, the Federal Circuit had "analyzed the issue in a …

The Admissibility Of Electronic Evidence In Criminal Trials, Samuel Jones

Samuel V. Jones

Exclusive Rights And Limitations, Part I, David Olson, Jon Baumgarten, Oren Bracha, Julie Cohen, Daniel Gervais, Ruth Okediji

David E. Olson

These two panels will discuss the exclusive rights that were made available to the copyright owner, including the right to make "other versions” of a work, and the limitations placed on those rights, including the development of fair use.

Exclusive Rights And Limitations, Part I, David Olson, Jon Baumgarten, Oren Bracha, Julie Cohen, Daniel Gervais, Ruth Okediji

David E. Olson

These two panels will discuss the exclusive rights that were made available to the copyright owner, including the right to make "other versions” of a work, and the limitations placed on those rights, including the development of fair use.

When Federal Immigration Exclusion Meets Subfederal Workplace Inclusion: A Forensic Approach To Legislative History, Kati Griffith

Kati Griffith

What happens when a person is simultaneously viewed as an unauthorized immigrant without rights according to a federal regime and as an employee with rights according to a subfederal regime? In the wake of widespread and inconsistent adjudication of this issue, this Article sheds new light on this pressing question. To date, pertinent court battles and scholarship have led to a virtual stalemate and often focus exclusively on normative policy arguments. By contrast, this Article employs an empirically-grounded review of fifteen years of legislative history to analyze this paradox. This review illustrates that the denial of workplace protections to unauthorized …

Enforcing Integrity, Katrice Copeland

Katrice Bridges Copeland

Over the past several years, the marketing practices of large pharmaceutical companies have come under intense scrutiny. The government spends years investigating and building cases against pharmaceutical manufacturers that engage in illegal promotional activities to promote their drugs but does not prosecute them. Instead, the government enters into Corporate Integrity Agreements (CIAs) with the pharmaceutical giants. As a result, the pharmaceutical manufacturers are able to avoid the collateral consequences of conviction, such as exclusion from Medicare and Medicaid. Participation in Medicare and Medicaid is crucial for a pharmaceutical manufacturer because the government spends over $60 Billion per year through those …

The Crime Of Being In Charge: Executive Culpability And Collateral Consequences, Katrice Copeland

Katrice Bridges Copeland

This Article argues that the government's exclusion of executives who have been convicted as "responsible corporate officers" for a period longer than three years without any showing of moral blameworthiness is misguided. The responsible corporate officer doctrine is flawed because under the doctrine it is irrelevant that the executive did not intend for the misconduct to occur. It is not a defense that the executive delegated responsibility in good faith. Nor is it a defense that the executive is not knowledgeable about or did not participate in the misconduct. The only potential defense is impossibility, but it has never been …

Preserving The Corporate Attorney-Client Privilege, Katrice Copeland

Katrice Bridges Copeland

This Article argues that, while legislation such as the Attorney-Client Privilege Protection Act ("ACPPA") is necessary to preserve that corporate attorney-client privilege, any such legislation must include judicial oversight to deter prosecutorial misconduct effectively. Part II examines the costs and benefits of granting corporations the attorney-client privilege in criminal investigations. It concludes that the benefits of the privilege fat outweigh the costs and that the privilege must be safeguarded from unnecessary infringement. Part III traces the evolution of the DOJ's waiver policies that have threatened the corporate attorney-client privilege. It also examines the costs and benefits of the waiver policy …