Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Legislation (2)
- AIA (1)
- America Invents Act (1)
- Antitrust extraterritoriality (1)
- Artificial organs (1)
-
- Clayton Act (1)
- Corporate Governance (1)
- Corporation law (1)
- Ethics (1)
- Ethics and compliance officers (1)
- Evidence (Law) (1)
- History (1)
- Human organism (1)
- Immigration law (1)
- Interpretation (1)
- Judicial process (1)
- Justification (1)
- Law school (1)
- Law--Interpretation and construction (1)
- Legal education (1)
- Legal theory (1)
- Legislative histories (1)
- Legislative history (1)
- Legislative intent (1)
- Narrative (1)
- Narrativity (1)
- Patent law (1)
- Public policy (1)
- RICO (1)
- Racketeer Influenced and Corrupt Organizations Act (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Making Meaning: Towards A Narrative Theory Of Statutory Interpretation And Judicial Justification, Randy D. Gordon
Faculty Scholarship
The act of judging is complex involving finding facts, interpreting law, and then deciding a particular dispute. But these are not discreet functions: they bleed into one another and are thus interdependent. This article aims to reveal-at least in part-how judges approach this process. To do so, I look at three sets of civil RICO cases that align and diverge from civil antitrust precedents. I then posit that the judges in these cases base their decisions on assumptions about RICO's purpose. These assumptions, though often tacit and therefore not subject to direct observation, are nonetheless sometimes revealed when a judge …
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez
Faculty Scholarship
No abstract provided.
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Faculty Scholarship
Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether. Additionally, statutory efforts to provide formal guidance and restrictions on monitorships have stalled and published bar guidance has taken a nonbinding advisory form. …
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
The Implied Assertion Doctrine Applied To Legislative History, Noah Marks, Jessica Ranucci
Faculty Scholarship
This Article derives a new approach towards the use of legislative history to interpret statutes by adapting and applying the law of evidence. Courts use legislative history as hearsay evidence: out-of-court statements used for the truth of the matter asserted. Evidence law includes many exceptions under which hearsay becomes admissible. One such exception, the implied assertion exception, can be applied to courts' use of legislative history. Under this framework, legislative history can illuminate the interpretive enterprise, while many of the problems identified by opponents of legislative history are mitigated. After presenting the development of the implied assertion doctrine in evidence …
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, Jordana Goodman
Patenting Frankenstein's Monster: Exploring The Patentability Of Artificial Organ Systems And Methodologies, Jordana Goodman
Faculty Scholarship
The conception of Frankenstein’s monster bridges the ever-narrowing divide between man and machine. Long before Congress codified Section 33(a) of the America Invents Act (“AIA”), Mary Shelley’s vague description of the monster’s creation has left people wondering: what defines a human organism? Through an analysis of patent law and scientific progress in the development of artificial organ systems, this paper explores the boundaries of patentable subject matter in the United States and attempts to clarify Congress’s determination that “no patent may issue on a claim directed to or encompassing a human organism.” Though patent law should incentivize development of artificial …
Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich
Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich
Faculty Scholarship
This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to …