Law Commons^™

The Transaction Cost Problem In International Intellectual Property Exchange And Innovation Markets, Sonia Baldia

Sonia Baldia

In recent years, there has been a dramatic surge in cross-border IP exchange transactions driven by globalization, open innovation, and the escalating strategic value of IP to competitive firms, the positive result of which are significantly developed global IP markets. While critical to these global IP markets, international IP exchange remains highly inefficient because parties face excessive transaction costs relative to transaction value, both in transaction design and negotiation and in transaction enforcement. These transaction costs arise from the territoriality of IP laws and low visibility into individual state IP law regimes that IP exchange transactions may implicate, thus imposing …

Deferential Review Of The U.S. Tax Court, After Mayo Foundation V. United States (2011), Andre L. Smith

Andre L. Smith

Deferential Review of the U.S. Tax Court, After Mayo examines whether the Chevron doctrine requires federal circuit courts of appeal to deferentially review the U.S. Tax Court decisions of law. Mayo Foundation v. US (2011) rejects tax exceptionalism and requires the U.S. Tax Court to defer to Treasury regulations carrying the force of law. But Mayo avoids dealing with whether Chevron applies to appellate review of the Tax Court. In “The Fight Over ‘Fighting Regs’ and Judicial Deference in Tax Litigation”, 92 B.U. L. Rev. 643 (2012), Professor Leandra Lederman (Indiana) contends that deference belongs to the agency and not …

Forensic Science(S) In The Courtroom: Symposium, Joseph R. Slights, Jules Epstein, Lisa M. Schwind, Gerard Spadaccini, Anjali A. Ranadive

Jules Epstein

No abstract provided.

Reforming Mandated Reporting Laws After Sandusky, Starla J. Williams

Starla J. Williams

This article explores the intersection of poverty, power, and privilege in the child protection system that contributed to the child sexual abuse scandal at Penn State University. The article first reviews the facts underlying the case of former Penn State football coach Gerald A. Sandusky, who was convicted on forty-five counts of child sexual abuse. It also offers insight into the actions of former University leaders whose nondisclosure and active roles in the cover up of child sexual abuse resulted in disgrace to one of the nation’s premier college athletic programs. Next, the article considers the irony in the failure …

A Values-Based Pedagogy For The Legal Academy In The Post-Racial Era, Starla J. Williams

Starla J. Williams

This article explores shifting paradigms for teaching law in the post-racial legal academy. It proposes a normative design to teach legal analysis based on values that are consistent with expanded concepts of diversity in the post-racial era. It offers a fresh look at diversity discourse by exposing obsolete race consciousness that impedes authentic diversity dialogue and inclusiveness in legal communities. Consistent with the understanding that diversity entails more than increased visibility for people of color in the legal profession, this work reveals progressive notions of diversity that include reflections on gender, sexual orientation, disability, age, and other attributes on the …

Introduction To The Symposium On Judicial Takings, Benjamin Barros

Benjamin Barros

No abstract provided.

Easements, Necessity, And The Role Of Legal Change In Judicial Takings Claims, Benjamin Barros

Benjamin Barros

No abstract provided.

Should Delaware Execute Its Death Row 'Volunteers'?, Jules Epstein

Jules Epstein

No abstract provided.

The Nondelegation Doctrine And The Federal Income Tax: May Congress Grant The President The Authority To Set The Income Tax Rates?, Andre L. Smith

Andre L. Smith

No abstract provided.

Race, Law, And The Free Market: A Critical Law And Economics Conception Of Racism As Asymmetrical Market Failure, Andre L. Smith

Andre L. Smith

No abstract provided.

The Complexities Of Judicial Takings, Benjamin Barros

Benjamin Barros

In last term’s Stop the Beach Renourishment Inc. v. Florida DEP, the Supreme Court for the first time squarely confronted the question of whether a judicial action could ever be considered an unconstitutional taking of private property. The Court unanimously rejected the judicial takings claim, but the justices issued a highly fragmented set of opinions. No justice was able to command a majority on any of the major conceptual issues presented by the judicial takings question. As a result, the Court dramatically raised the profile of judicial takings question, but left all of the major issues open. In this article, …

Serve Those Who Serve Their Country: Represent A Veteran Before The Va, Justin G. Holbrook, Thomas J. Reed

Justin G. Holbrook

No abstract provided.

Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth

Starla J. Williams

This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …

A Legal Conception Of Racism (Group Subordination) As Asymmetrical Market Imperfections, Andre L. Smith

Andre L. Smith

To the extent government justifiably interferes in the marketplace to address market failures, it is also justified in addressing imperfections in the market that are asymmetric with respect to race, gender, sexual orientation, etc. In Bob Jones University v. United States, 461 US 574 (1983), a little known federal income tax case, the Supreme Court declared that federal statutes could not be construed in ways that support racial discrimination. However, a judge, even one who might interpret the Court’s holding expansively, may still lack the confidence to discuss the positive and negative effects a statute might have on racial (in)equality. …

Formulaically Describing 21st Century Supreme Court Tax Jurisprudence Ii, 2001-2010., Andre L. Smith

Andre L. Smith

Abstract This article attempts to discover a deliberative formula in matters of taxation by culling the Supreme Court’s 14 federal tax opinions from 2001 to 2010 (Gitlitz v. Commissioner, Cleveland Indians Baseball v. United States, United Dominion Industries v. United States, United States v. Craft, United States v. Fior D’Italia, Boeing v. United States, United States v. Galletti, Banks v. Commissioner, Ballard v. Commissioner, EC Term of Years v. United States, Hinck v. United States, Clintwood Elkhorn v. United States, Knight v. United States, and Boulware v. United States). It continues the project Formulaically Expressing 21st Century Supreme Court Tax …

Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth

Jennifer M. Lear

This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society.

The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …

Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth

Ann E. Fruth

This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …

Allshouse V. Pennsylvania, Brief Of The National Association Of Criminal Defense Lawyers, The Pennsylvania Association Of Criminal Defense Lawyers, The Public Defender Association Of Pennsylvania, And The Defender Association Of Philadelphia, As Amici Curiae On Behalf Of Petitioner, Jules Epstein

Jules Epstein

No abstract provided.

Federalism And Concurrent Jurisdiction In Global Markets: Why A Combination Of National And State Antitrust Enforcement Is A Model For Effective Economic Regulation, Katherine M. Jones

Katherine M. Jones

The focus of the article is on the proper role of U.S. state governments in regulating international business. The specific issue analyzed is the desirability of having state attorneys general enforce federal antitrust laws in global markets concurrently with federal antitrust regulators. Congress granted state officials this power in 1976. In 2009, however, a large proportion of the world’s commerce is now conducted in international, rather than national markets. This development has led Judge Richard A. Posner and others to advocate that the states be stripped of their statutory power to enforce federal antitrust laws on behalf of their residents …

Foreword: Why "The Child Witness" Now?, Jules Epstein

Jules Epstein

No abstract provided.

Homestead And Other Legal Protections Of Possession Of A Home, Benjamin Barros

Benjamin Barros

In many legal contexts, homes are given more legal protection than other types of property. This additional protection can be divided into three categories. First, possessory rights in a home might be given more protection than possessory rights in another kind of property. For example, a legal system might make it more difficult for a creditor to force the sale a home to satisfy a debt than it would be for the creditor to force the sale of another type of property (say, a commercial office building) to satisfy that same debt. Second, a legal system might economically favor ownership …

Outlook On India 2010 - Table Of Contents, Sonia Baldia

Sonia Baldia

No abstract provided.

Dispute Resolution Precautions In India, Sonia Baldia

Sonia Baldia

No abstract provided.

Electronically Stored Information: A Primer For Litigators, Jules Epstein

Jules Epstein

No abstract provided.

Property And Freedom, Benjamin Barros

Benjamin Barros

Private property is often defended on the basis that it promotes individual freedom. Discussion of this subject has typically taken place in the context of contentious debates over the legitimacy of government interference with private property, especially government regulation of land use and redistributive taxation. Pro-property, anti-interference advocates tend to suggest that there is a strong relationship between property and freedom. Those on the other side of the debate tend to be more skeptical. The political philosopher G.A. Cohen, for example, has asserted that "the familiar idea that private property and freedom are conceptually connected is an ideological illusion."

In …

Toward A Model Law Of Estates And Future Interests, Benjamin Barros

Benjamin Barros

The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both …

Navigating Cross Border Legal Risks In Intellectual Property Licensing And Technology Transfer To India, Sonia Baldia

Sonia Baldia

No abstract provided.

Legal Questions For The Psychology Of Home, Benjamin Barros

Benjamin Barros

Intuitions often play a significant role in shaping debate about legal issues. This is particularly the case when homes and homeownership are involved, because the experience of everyday life gives lawyers and legal scholars a foundation for intuitive judgment. Intuitions, however, can be unreliable and misleading. They therefore provide a shaky basis for legal decisionmaking. This brief essay, published as part of a special issue on Property and Psychology, begins by suggesting that the legal academy should follow the lead of the Experimental Philosophy movement and actively solicit empirical research on human behavior relevant to legal issues. It then describes …

Service Learning And Legal Education: A Sense Of Duty, Dana Harrington Conner, Nathaniel C. Nichols, Thomas J. Reed

Nathaniel C. Nichols

No abstract provided.

The Uniform Commercial Code Survey: Introduction, Stephen L. Sepinuck, Robyn L. Meadows, Russell A. Hakes

Robyn L Meadows

No abstract provided.